NEWSLETTER-2017

146 NEWSLETTER 2017 concerning an award made under the SIAC Expedited Procedure is worthy of note 9 . In this decision, one of the parties challenged the award based on the contention that the appointment of a sole arbitra- tor instead of three arbitrators, as stated in the arbitration agreement, constituted grounds to set-aside, since the arbitral procedure had not been conducted in accordance with the agreement of the parties. The Singapore court rejected this challenge, giving weight to the SIAC Court President’s discretion to appoint a sole arbitrator under the SIAC Rules. Therefore, the discretionary power of the court has been recognized by the Singapore High Court. It should also be pointed out that, in practice, the parties tend to appoint a sole arbitrator in disputes with a lower amount of claim without being particularly concerned about the number of arbitrators; therefore, the expedited procedure with a sole arbitrator reflects the practice. Particularities in Expedited Proceedings and the Right to be heard In addition to conducting the arbitration with a sole arbitrator, expedited proceedings provide other measures with the aim to achieve efficiency and quick resolution of disputes. However, these measures should not affect the parties’ fundamental procedural rights for the sake of a quick resolution of disputes, such as the right to be heard. As an example to the particularities of expedited proceedings, the terms of reference, which is an important document in arbitration pro- ceedings, is not required to be drafted. It should also be emphasized that the arbitrator enjoys considerable discretion as per the procedural measures he considers appropriate, such as limiting the document production, written submissions and witness evidence. It may also be possible to conduct hearings by means of videoconference, or not to conduct a hearing, and to render a decision on a document-basis. While 9 For the analysis of the decision please see Gary Born – Jonathan W. Lim, AQZ v. ARA: Singapore High Court Upholds Award Made under SIAC Expedited Proce- dure . Source: http://arbitrationblog.kluwerarbitration.com/2015/03/09/aqz-v-ara- singapore-high-court-upholds-award-made-under-siac-expedited-procedure/.