Resolving complex cross-border commercial disputes from Singapore.
Singapore counsel for international commercial arbitration, SIAC, SICC matters and cross-border disputes. We act for Indian promoters, companies and investors in SIAC arbitrations, Singapore International Commercial Court (SICC) proceedings and Singapore-seated disputes, with lawyers who understand how Indian businesses work.
Silvester Legal LLC was attentive and efficient in dealing with my legal issue. They are well-versed in the law and also have excellent client relations. Highly recommended.
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Silvester Legal are a reliable law firm. When I approached them, they dealt with my matter expertly and resolved my legal issue without fuss. They know what needs to be done and do it in the most appropriate way.
Silvester Legal provided clear, professional, and practical support in reviewing our contracts. Their attention to detail and understanding of MCST requirements gave our council strong assurance in our decisions.
Silvester Legal is a Singapore law firm focused on dispute resolution and corporate advisory, advising businesses, founders, directors and companies on complex commercial matters, including SIAC arbitrations, SICC proceedings and Singapore-seated disputes involving Indian parties.
We approach each matter with precision and purpose. Issues are thoroughly assessed, strategies are developed with clarity, and every detail is examined before action is taken.
Whether SIAC has jurisdiction, how many arbitrators will sit and which rules apply all start with the wording of your arbitration clause. It is usually the first document we review.
Deadlines under the SIAC Rules can be short. A Response to the Notice of Arbitration is generally due within 14 days. Responding to a Notice of Arbitration, choosing an arbitrator and raising any jurisdictional objection each need early, careful attention.
Cost, timing, confidentiality and where an award may need to be enforced all influence strategy. Considering them early helps businesses decide how to proceed with a clear view of the process.
SIAC becomes relevant where the contract contains an arbitration clause naming SIAC. This is common in shareholder agreements, joint ventures, supply and distribution contracts, and investment arrangements with Singapore-related counterparties.
Points that can matter include the exact wording of the clause, which entities are bound, whether Singapore is the seat or merely the venue, and the number of arbitrators. These details shape what happens if a dispute arises.
Indian contracts often name Singapore as the “venue” rather than the “seat”. The seat decides which country’s courts supervise the arbitration and which law governs any challenge to the award, so this distinction can change your strategy.
Where a clause is unclear or names an institution inconsistently, careful analysis is needed before deciding on next steps.
A Notice of Arbitration formally commences the arbitration. Under the SIAC Rules, the respondent is generally expected to file a response within 14 days of receiving the Notice (or of commencement, if later; SIAC Rules 2025, Rule 7.1), so the notice should be reviewed as soon as it arrives.
Early questions usually include: does a valid arbitration agreement exist and does it cover this dispute; is the claim brought against the right party; how should the arbitrator be nominated; and is there a counterclaim to consider.
It is also sensible to preserve relevant documents and correspondence from the outset.
Instead of a court, an arbitral tribunal hears both sides and issues a binding award. The Singapore International Arbitration Centre (SIAC) is the independent institution that administers the arbitration.
For arbitrations seated in Singapore, the International Arbitration Act 1994 and the Singapore courts support and supervise the process, which is generally private and confidential.
The SIAC Rules 2025 offer a streamlined procedure for claims up to S$1 million, an expedited procedure for claims up to S$10 million, and emergency arbitrator relief before the tribunal is formed.
Costs typically include SIAC administrative fees, the tribunal’s fees and legal costs. How long a matter takes depends on its complexity, the number of parties and whether the streamlined or expedited procedure applies. Third-party funding is permitted for international arbitration in Singapore.
Where an award is not complied with voluntarily, it may need to be enforced. Awards made in Singapore-seated arbitrations can be enforced in more than 170 countries under the New York Convention. India enforces awards from Singapore-seated arbitrations as foreign awards, and the grounds to resist them are limited.
We aim to give clients a realistic view of cost, timing and enforcement at the outset, so decisions can be made with that in mind.
Select a stage to explore what happens.
Every arbitration is different. The applicable procedure, timetable and strategic considerations depend on the arbitration agreement, applicable rules and circumstances of the dispute.
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An initial discussion to understand your situation and the dispute.
We review agreements, the arbitration clause and options.
A focused approach aligned with your commercial objectives.
Advice and representation through the relevant dispute-resolution process.
Arbitration is a private dispute resolution process where parties agree to have disputes decided by an independent tribunal rather than courts. Where Singapore is the seat, the arbitration is governed by the International Arbitration Act 1994 and supervised by the Singapore courts. Indian businesses often choose Singapore as a neutral seat with experienced arbitrators, supportive courts and awards that Indian courts recognise as foreign awards.
Businesses should consider arbitration when disputes involve cross-border elements, foreign counterparties or shareholders, or offshore holding structures, or where neutrality, confidentiality, and enforceability of outcomes are critical.
The Singapore International Arbitration Centre (SIAC) is a leading global arbitration institution administering domestic and international arbitrations around the world. SIAC also has representative offices in India, in Delhi, Mumbai and GIFT City.
SIAC offers a neutral and well-regarded arbitral framework, experienced international tribunals, procedural efficiency, and, where the arbitration is seated in Singapore, awards enforceable in more than 170 countries under the New York Convention. This makes SIAC a common choice for Indian businesses in cross-border joint venture, shareholder and commercial disputes. Indian parties have been among SIAC's top three foreign users over the past decade.
The SICC is part of the High Court of Singapore for international commercial disputes, with a bench of Singapore and international judges. Disputes usually reach the SICC through a jurisdiction clause in the contract.
The SICC suits parties who want a court judgment with a right of appeal, the ability to join third parties more easily, or a public precedent. Arbitration may suit parties who want confidentiality, a choice of arbitrators and the widest international enforcement. The choice is usually made when the contract is drafted, through the dispute resolution clause.
Singapore is a reciprocating territory under section 44A of the Code of Civil Procedure, and Indian courts have treated the SICC as a superior court for this purpose. A judgment can therefore be executed in India as if it were an Indian decree, but it can be refused on the grounds in section 13, including where a party did not submit to the SICC's jurisdiction. A clear, written SICC jurisdiction clause signed by the right parties is essential.
Generally, yes. Arbitration requires a valid arbitration agreement, usually contained in the main commercial contract, such as a joint venture, shareholders', supply or distribution agreement. Parties can also agree to arbitrate after a dispute has arisen. If your clause names Singapore only as the venue, it is worth checking whether Singapore is also the seat, because the seat decides which courts supervise the arbitration. We also advise on strategic options where arbitration clauses are absent or defective.
Yes. Singapore-seated arbitral awards are enforceable in more than 170 countries under the New York Convention, making SIAC arbitration particularly effective for cross-border shareholder and commercial disputes. In India, awards from Singapore-seated arbitrations are enforced under Part II of the Arbitration and Conciliation Act 1996. The application is made to the relevant High Court, which does not review the merits of the dispute and can refuse enforcement only on the limited grounds in section 48.
Costs include arbitrator fees, institutional fees, and legal costs, and vary based on dispute value and complexity. SIAC publishes a schedule of fees and a cost calculator. The tribunal can order the unsuccessful party to bear some or all of the costs, and third-party funding is permitted for international arbitration in Singapore.
Yes. Under the SIAC Rules, an emergency arbitrator can be appointed before the tribunal is formed, and an application can now be made even before the Notice of Arbitration is filed. Where the arbitration is seated in Singapore, Indian courts can also grant interim relief under section 9 of the Arbitration and Conciliation Act 1996.
Yes. Two Indian parties can choose a foreign seat such as Singapore, and the resulting award can be enforced in India as a foreign award. The clause still needs careful drafting, and Indian law may continue to govern the substance of the contract.
Yes. In international arbitrations seated in Singapore, parties can be represented by lawyers of their choice, including foreign lawyers. We can work alongside your Indian counsel, who advise on Indian law, while we handle the Singapore and SIAC aspects of the matter.
Yes. The seat is a legal concept, not a physical location. Hearings in a Singapore-seated arbitration can be held in India, elsewhere or online where the tribunal considers it appropriate after consulting the parties, without changing the seat.
If the dispute is covered by a valid arbitration agreement, you can ask the Indian court to refer the parties to arbitration under section 45 of the Arbitration and Conciliation Act 1996. It is best to act early, before taking steps that could be seen as accepting the court's jurisdiction.
Speak with Silvester Legal about your international commercial dispute or arbitration matter.
Managing Director
A formidable force in shareholder and boardroom disputes, Walter is the strategist clients trust when the stakes are high.
Known for his precision, insight, and unrelenting drive to win, Walter leads Silvester Legal’s commercial litigation and dispute resolution practice with clarity and conviction.
As the firm’s founder and Managing Director, he is a steady and assertive presence, empowering clients to operate with confidence and control.
Director
Robert brings over two decades of litigation experience across Singapore and Malaysia.
With prior stints at Zaid Ibrahim & Co. and Drew & Napier LLC, Robert has handled high-value shareholder disputes, defamation claims, and arbitration matters with precision. After running his own successful practice, Gravitas Law LLC, for seven years, he later served as Senior Regional Legal Counsel at a Dutch multinational.
Now a Director at Silvester Legal, Robert’s deep regional insights and litigation acumen continue to serve clients navigating complex cross-border and corporate disputes.
Director
Siraj co-leads the firm’s Dispute Resolution team and spearheads its Criminal Defence practice which have both been acknowledged in the Straits Times’ List of Singapore’s Best Law Firms from 2023 to 2027.
He also has successfully acted as lead counsel at all levels of the Singapore Courts in high-stakes civil & commercial litigation matters involving employment, investor and shareholder disputes as well as contractual, tortious and intellectual property infringement claims.
Siraj has been recognised by LexisNexis as an honouree for Under-40 awards for 3 years running, by Asian Legal Business as one of Singapore’s Rising Stars, and named among Singapore’s Best Criminal Lawyers by Singapore Legal Advice 3 years in a row.
Director
Yi Yang is a Director at Silvester Legal and heads the firm’s Corporate & Advisory Practice. With over 15 years of experience spanning both transactional and dispute work, he has practised at top-tier local and international law firms and held senior in-house positions at a leading technology group.
Yi Yang has acted for financial institutions, government-linked entities, multinational corporations, and major regional players across diverse sectors, including financial services, technology, media, communications, defence, transportation, energy, and construction, in both disputes and transactional matters. His dual expertise in contentious and non-contentious matters allows him to deliver commercially attuned, end-to-end legal solutions for complex issues.