SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
Where the SIAC Rules 2025 apply, under Rule 38, par - ties are obliged to: • notify the tribunal, parties and registrar of any changes to any disclosed third-party funding agreement; and • disclose details of the funder’s interest in the out - come of the proceedings and whether the funder has committed to undertake adverse costs liability, if ordered by the tribunal. 13.4 Consolidation Section 26 AA provides that, unless parties agree that arbitration proceedings are to be consolidated with other arbitration proceedings, the tribunal has no power to order consolidation. The IAA does not con - tain a similar provision, but also does not provide for a general power to consolidate separate proceedings without the parties’ consent. Under Rule 16 SIAC Rules 2025, prior to the constitu - tion of the tribunal, a party may file an application with the registrar to consolidate two or more arbitrations into a single arbitration on the basis of any of the fol - lowing grounds (in which case, the SIAC Court would decide on the application). • All parties have agreed to the consolidation. • All the claims, counterclaims and cross-claims in the arbitrations are made under the same arbitra- tion agreement.
• The arbitration agreements are compatible, and either: (a) the disputes arise out of or in connection with the same legal relationship(s); (b) the disputes arise out of or in connection with contracts consisting of a principal contract and its ancillary contract(s); or (c) the disputes arise out of or in connection with the same transaction or series of transactions. After the tribunal is constituted, a party may apply to the tribunal for consolidation on the basis of simi - lar grounds to the above (in which case, the tribunal would decide on the application), save that for the second and third points above there is an additional requirement that either the same tribunal has been constituted in both arbitrations or no tribunal has been As indicated in 5.6 Jurisdiction Over Third Parties , Singapore courts have appeared to accept that in cer - tain situations (eg, where there is a collateral contract, or based on theories of alter ego or agency) non-sig - natories may be considered a party to an arbitration agreement. The courts do not appear to have drawn a distinction between Singapore and foreign third par - ties, for the purposes of such principles. constituted in the other arbitration. 13.5 Binding of Third Parties
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