I. Application for the appointment of an Emergency Arbitrator

File Notice of Arbitration (NoA) + File application for EA to SIAC (concurrently with NoA or after NoA, but prior to constitution of tribunal) Application for EA to include: The party shall notify the Registrar and all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis. The application shall also set forth the reasons why the party is entitled to such relief. Such application must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties. Pay the requisite fees based on the SIAC Schedule of Fees : Non-refundable application fee of SGD 5,350 (inclusive of 7% GST) for Singapore parties, or SGD 5,000 for overseas parties; and The deposits towards the Emergency Arbitrator’s fees and expenses are fixed at SGD 30,000 unless the Registrar determines otherwise. (The Emergency Arbitrator’s fees are fixed at SGD 25,000 unless the Registrar determines otherwise. ) To avoid delay, it is recommended that a party applying for the appointment of an Emergency Arbitrator include payment for both the application fee and the deposits in its application.

II. Determination of application for emergency interim relief

The President of the Court of Arbitration of SIAC (President) shall determine whether SIAC should accept the application for emergency interim relief.

III. If application for emergency interim relief is accepted, Emergency Arbitrator to be appointed within 1 day

The President shall, if she determines that SIAC should accept the application for emergency interim relief, seek to appoint an Emergency Arbitrator within one day of receipt by the Registrar of such application and payment of the administration fee and deposits.

IV. Issuance of order / award of interim relief within 14 days

Within 14 days from appointment of EA to issue Order or Award of Interim Relief.

Emergency Arbitration - Singapore International Arbitration Centre

SHANTI MOGAN, MEMBER

Shanti Mogan has over 30 years of experience in a broad commercial practice, representing clients in commercial litigation and arbitration, both domestic and international. She acts both as counsel and arbitrator. She is head of the Arbitration Practice and Personal Data Protection & Privacy Law Practice and co-heads the Competition Law Practice. She is a Member of the Court of Arbitration (SIAC). She is a recognised and recommended dispute resolution lawyer (Chambers, Legal 500, Expert Guides, Who’s Who Legal, Asialaw).

Her experience covers a wide range range of disputes including banking, commercial, corporate, regulatory and technology related disputes.

She regularly acts for banks, regulatory bodies and corporations in relation to consumer protection, data protection and privacy, defamation, entertainment, multimedia and communications disputes.

Her arbitral experience is varied; the most recent of which involves large scale disputes relating to a cellular blocking system, an integrated complex in respect of the provision of chilled water and delays in the construction and operation of an airport. Other disputes involve the design, construction and commissioning of a steel plant, software development agreement for a regulatory body, disputes relating to a public automated enforcement system, design and construction contract, contract for the marketing of natural resources, pharmaceutical supplies to a government concessionaire, hotel management agreement, development of an integrated resort, warranty claims for a car tracking system.

Some significant Court matters relating to arbitration disputes include injunctions relating to cellular access network for an airport and the termination of a public service pending arbitration. Shanti also has experience in the area of competition and antitrust laws, and offers advisory services, compliance audits and legal representation in competition law investigations and disputes. Specific industries she has represented in her competition practice include the pharmaceutical, insurance, energy, travel, banking, automotive, entertainment and retail sectors.

Shanti advises on regulatory compliance and activities coming under the purview of various authorities including the Securities Commission, the Anti-Corruption Commission and the Communications and Multimedia Commission.

She is a Fellow of the Chartered Institute of Arbitrators, the Malaysian Institute of Arbitrators, a member of the LCIA and sits on various committees relating to the practice of arbitration including the Bar Council, the International Chamber of Commerce (ICC) Malaysia and the Malaysian International Chamber of Commerce and Industry.

PIERRE BIENVENU, MEMBER

Pierre Bienvenu, Ad. E. is a disputes lawyer with more than 35 years’ experience practising in international commercial arbitration, commercial litigation, and constitutional law. He has acted as counsel or served as arbitrator in international arbitrations involving disputes in telecommunications, transportation, energy, international distribution and joint ventures, mergers and acquisitions, construction, pharmaceuticals, and foreign investment.

A former co-chair of the IBA’s Arbitration Committee (2008-2009), he has served on the LCIA Court (2010-2015), of which he was a vice-president (2011-2015), and the ICC International Court of Arbitration (2015-2021). He was appointed by the Government of Canada to ICSID’s Panel of Arbitrators in 2021 for a six-year term. Mr Bienvenu has pleaded before the courts of Quebec, the Federal Court of Canada, and the Supreme Court of Canada. He was involved in numerous challenges to the constitutional validity of provincial and federal legislation and has extensive experience in public law litigation. He has participated in more than 15 appeals before the Supreme Court of Canada, representing government bodies, institutions, corporations, and individuals in a range of international, constitutional, and commercial law disputes, including representing the Attorney General of Canada in the landmark Reference re Secession of Quebec.

Mr. Bienvenu practiced for more than 35 years at Norton Rose Fulbright Canada (previously Ogilvy Renault LLP) and served as global co-head of Norton Rose Fulbright’s international arbitration practice from 2011 to 2022. He withdrew from the partnership of Norton Rose Fulbright in June 2022 to focus on his practice as an international arbitrator and joined IMK LLP, a Montreal-based disputes firm, in July 2022. He is also a member of the roster of arbitrators of Arbitration Place, in Toronto. Mr Bienvenu is a Fellow of the American College of Trial Lawyers and the Chartered Institute of Arbitrators.

He was awarded the distinction Advocatus Emeritus by the Quebec Bar in 2008, and the Paul-André Crépeau Medal by the Canadian Bar Association in 2013 for his contribution to the advancement of the international dimension of private law and commercial law in Canada.

Emergency Arbitration