Vol 23 (2026) - Issue 1

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Unchartered Waters: The SIAC’s Insolvency Arbitration Protocol

Synopsis
Traditionally, insolvency and restructuring disputes have been litigated in court. However, with the growing complexity and cross-border nature of insolvency disputes, arbitration is emerging as a promising alternative for resolving key pressure points within the insolvency process. The Singapore International Arbitration Centre ('SIAC') took the first steps towards reconciling the two regimes by releasing a draft Insolvency Arbitration Protocol in December 2024 ('the Protocol'). As recent case law (not least on Sian Participation) illustrates, this streamlining is no easy task. This article analyses the key elements of the Protocol and considers the substantive and procedural issues that arise at this novel intersection of arbitration and insolvency law.