Combating Dilatory Conduct And Non-participation In Arbitration Proceedings - The Delicate Balance

While most will agree that justice should not be hurried, what happens when parties refuse to comply to arbitration procedural timelines? In this article, we discuss the challenges in balancing efficiency and procedural fairness in arbitration proceedings by examining the recent Singapore court decision of Sai Wan Shipping Ltd v Landmark Line Co, Ltd [2021] SGHC 8 ("Sai Wan").

Dilatory tactics in arbitration proceedings

The use of dilatory tactics by recalcitrant parties is a common, if not expected, problem in arbitral proceedings. For the aggrieved party, a delay in proceedings necessarily increases the overall costs involved. Understandably, an aggrieved party will attempt to press ahead with proceedings as best it can. The arbitrator also has a general duty to conduct proceedings efficiently under some major institutional rules. The SIAC Rules 2016 requires the Tribunal to conduct the arbitration in a manner that ensures the "expeditious" and "economical"