The Singapore International Arbitration Centre (SIAC), for the first time stepping outside the
island nation, has opened up its new office in the financial capital of India,
Mumbai. India’s image as a country significantly contributing to international
arbitration case load is being increasingly recognized. World’s major
arbitration institutes want their share of this big pie. Few years back LCIA
too had chosen India to open its first off shore office: LCIA India. However,
unlike LCIA India, SIAC shall not be having separate arbitration Rules for
India. India, as a seat for international arbitration does not seem to be a
preferred choice among the international corporations.
Mr.
Vivekananda N., Head (South Asia) of SIAC would be heading this office. Here
are his answers to few questions with regard to SIAC India.
This
is SIAC's first offshore office, why was India chosen?
SIAC
has continued to focus on engaging with the Indian market since 2005.
The
years 2009 and 2010 saw the number of India-related cases at the SIAC grow by
about 100% in 2009 (24 cases in 2009 as compared to 11 in 2008) and another 50%
in 2010 (36 cases in 2010). The number of cases involving Indian parties was
the single largest contingent of cases from a single non-Singaporean
nationality at the SIAC for these years.
As a
consequence of these developments and the positive response we received from
the community in India, it was felt that it would be useful to maintain a
presence in India through an office to reach out to lawyers and users in India.
With this in mind, in mid-2011, the SIAC Board of Directors headed by Dr
Michael Pryles decided to commence efforts to explore the opening of an office
in India.
Would
SIAC have separate rules to govern arbitrations in India?
The
India office of the SIAC is not involved in the administration of cases in
India. The office is a subsidiary of the SIAC. It is charged with functions of
interacting with our current and potential users and sharing information on
international arbitration jurisprudence and practice with a view to marketing
SIAC’s and Singapore’s capabilities in this regard.
What
would be the role of SIAC India office?
Our
primary focus will remain the provision of practical information necessary to
lawyers and corporate users for the effective use of international arbitration
as a dispute resolution mechanism. Making arbitration cost-effective, timely
and efficient for Indian and other parties and letting them know that this is
imminently possible outside of courts is of paramount importance for the SIAC.
What
are your plans for the coming 3 years?
The
Indian market is fairly widespread across industry sectors and cities. The
office provides us with the perfect opportunity to reach out to lesser known
sectors and the smaller cities in India though Mumbai, Delhi and Bangalore will
continue to remain primary areas of focus.
The
office will continue our efforts to obtain continuous feedback on our services
as an arbitral institution, such feedback being crucial to maintaining and
constantly improving the quality of our case management and administration
capabilities.
The
office will also provide us with the opportunity to work more closely with the
judiciary and the government in India on policy initiatives, regular exchange
of ideas on live issues, legislative change, amongst others.
Last
but not the least, we also look forward to working with the Indian lawyers of
tomorrow at universities to train them in international arbitration practice
and actively work towards developing a dynamic arbitration bar in India.
Better
awareness, understanding and practice of international arbitration in India is
in the best interest of everyone involved, the users, lawyers, the judiciary
and arbitral institutions.
How
many cases at SIAC involved Indian parties in recent past?
In
2012, about 21% of cases at SIAC involved at least one Indian party. I attach a
Statistical Report on our India-related cases. Some interesting facts:
(i) The
number of new cases at SIAC has gone up by 25% from 2011 to 2012
(ii) The
number of new cases involving at least one Indian party has grown tenfold in the
period from 2001 to 2012 and by almost 50% from 2011 to 2012
(iii) The
monetary quantum of disputes involving at least one Indian party has similarly
gone up by 200% from 2011 to 2012
(iv) The
largest case for 2012 was a case involving an Indian party and involved a sum
in dispute of SGD 1.5 billion
(v) The
average dispute amount at the SIAC for 2012 in cases involving Indian parties
was SGD 41.88 million. Even without the largest case being accounted for, the
average sum in dispute for cases involving Indian parties went up by 66% from
2011 to 2012. This implies that not only are more Indian parties opting to
arbitrate at the SIAC but that higher value contracts involving Indian parties
increasingly provide for arbitration at the SIAC.
The
link to the full report is below:
Statistical Report of Singapore International Arbitration Centre (SIAC) on India 2012
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