Singapore: International Arbitration Comparative Guide

Last Updated: 11 September 2019
Article by Alvin Yeo
Do you want to compare other jurisdictions?... Click here

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

Domestic arbitration in Singapore is governed by the Arbitration Act (Cap 10) (AA) and international arbitration is governed by the International Arbitration Act (Cap 143A) (IAA).

An arbitration agreement must be in writing (Section 4(3) of the AA; Section 2A (3) of the IAA), and may be in the form of an arbitration clause in a contract or as a separate agreement (Section 4(2) of the AA; Section 2A(2) of the IAA). The writing requirement is satisfied if the content of an arbitration agreement is recorded in any form, including through electronic communication, irrespective of whether the arbitration agreement or contract has been concluded orally, by conduct or by other means (Sections 4(4) and 4(5) of the AA; Sections 2A(4) and 2A(5) of the IAA). The arbitration agreement must express a clear and unequivocal intention to arbitrate.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

See question 1.

The AA applies to any arbitration where the place of arbitration is Singapore and where Part II of the IAA does not apply to that arbitration (Section 3 of the AA).

Part II of the IAA applies if the arbitration is ‘international' or if the parties have agreed in writing that Part II of the IAA or the UNCITRAL Model Law on International Commercial Arbitration applies (Section 5(1) of the IAA).

An arbitration is ‘international' if:

  • at least one of the parties to the arbitration agreement, at the time of conclusion of the agreement, has its place of business in any state other than Singapore;
  • one of the following places is situated outside the state in which the parties have their places of business:
    • the place of arbitration; or
    • the place where a substantial part of the obligations of the commercial relationship are to be performed or the place with which the subject matter of the dispute is most closely connected; or
  • the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country (Section 5(2) of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?

The AA, which governs domestic arbitration, is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration (Model Law) (without the 2006 amendments). The Court of Appeal has observed, in the context of the AA, that there was a clear legislative intent to align the AA with the Model Law (LW Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd [2013] 1 SLR 125).

As to the IAA, which governs international arbitrations, the Model Law – save for Chapter VIII – has the force of law in Singapore (Section 3 of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.4 Are all provisions of the legislation in your jurisdiction mandatory?

The AA and the IAA do not expressly identify any of their provisions as being mandatory. However, according to Section 15 of the IAA, any rules of arbitration that the parties have agreed to adopt shall be given full effect, to the extent that this is not inconsistent with a provision of the Model Law or Part II of the IAA, from which the parties cannot derogate. For example, the Singapore courts have pronounced that Article 12 of the Model Law relating to the independence or impartiality of arbitrators is mandatory (PT Central Investindo v Franciscus Wongso [2014] 4 SLR 978).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.5 Are there any current plans to amend the arbitration legislation in your jurisdiction?

The Supreme Court of Judicature (Amendment) Act 2018 came into operation on 1 November 2018 and provides for the Singapore International Commercial Court to have the same jurisdiction as the High Court to hear matters relating to the IAA such as cases where the High Court exercises its supervisory jurisdiction over international arbitrations seated in Singapore.

In January 2018, the Ministry of Law circulated a consultation paper seeking views on whether the Singapore courts should award costs to the successful party on an indemnity basis in unsuccessful proceedings to set aside an arbitration award or to resist enforcement, save where the unsuccessful party can provide compelling reasons. In May 2018, the Ministry of Law sought feedback through a public consultation on whether the existing third party funding framework should be extended to new areas (See question 37 for the current third party funding framework).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.6 Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?

Yes, Singapore is a signatory to the New York Convention. Singapore acceded to the New York Convention on 21 August 1986, with the reservation that on the basis of reciprocity, it will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State to the Convention.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

1.7 Is your jurisdiction a signatory to any other treaties relevant to arbitration?

Singapore ratified the International Convention on the Settlement of Investment Disputes (ICSID Convention) on 14 October 1968. The Arbitration (International Investment Disputes) Act 1968 was enacted to implement the ICSID Convention.

Singapore is also party to a number of bilateral and multilateral investment treaties and free trade agreements which include arbitration as a mode of dispute settlement – for example, the Association of Southeast Asian Nations Comprehensive Investment Agreement, which entered into force in March 2012.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

2 Arbitrability and restrictions on arbitration

2.1 How is it determined whether a dispute is arbitrable in your jurisdiction?

Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement will be determined by arbitration, unless it is contrary to public policy (Section 11 of the IAA). Non-arbitrability is one of the grounds for setting aside an award (Section 48(1)(b)(i) of the AA; Article 34(2)(b) of the Model Law) and for refusing recognition or enforcement (Section 31(4)(a) of the IAA).

The matters which are non-arbitrable are not expressly set out in either the AA or the IAA. Matters which involve public interest issues could be considered to be non-arbitrable. These include matters pertaining to citizenship, marriage, statutory licences, validity and registration of intellectual property rights, winding up of companies, bankruptcy and criminal liability.

There have been various decisions by the Singapore courts on the question of arbitrability. In Larsen Oil and Gas Pte Ltd v Petroprod Ltd [2011] 3 SLR 414, it was held that disputes arising from the operation of the statutory provisions of the insolvency regime per se are non-arbitrable. In L Capital Jones Ltd v Maniach Pte Ltd [2017] 1 SLR 312, it was held that minority oppression claims are generally arbitrable, unless the particular facts raise public policy concerns.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

2.2 Are there any restrictions on the choice of seat of arbitration for certain disputes?

There are no restrictions on the choice of a seat of arbitration. Party autonomy is given paramount importance, and the parties are at liberty to choose any seat of arbitration.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

3 Arbitration agreement

3.1 What are the validity requirements for an arbitration agreement in your jurisdiction?

See question 1. In any arbitral or legal proceedings, if any party asserts the existence of an arbitration agreement and the same is not denied by the other party, when the assertion calls for a reply, there is deemed to be an arbitration agreement between the parties (Section 4(6) of the AA; Section 2A(6) of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

3.2 Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?

The doctrine of separability is captured under Section 21 of the AA and Article 16 of the Model Law. These provisions make clear that an arbitration clause which forms a part of a contract shall be treated as an agreement independent of the other terms of the contract. Further, the invalidity of the underlying contract does not automatically invalidate the arbitration agreement contained therein. A decision by the tribunal that the contract is null and void shall not ipso jure invalidate the arbitration clause.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

3.3 Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?

Article 20 of the Model Law provides that the parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration will be determined by the arbitral tribunal, having regard to the circumstances of the case.

The parties are also free to agree on the language of the arbitration, failing which the arbitral tribunal is likewise free to determine the language of the proceedings.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

4 Objections to jurisdiction

4.1 When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

A party must raise an objection to the jurisdiction of the tribunal no later than the submission of the statement of defence. A plea that the tribunal is exceeding the scope of its authority shall be raised as soon as such a matter is raised during the proceedings. However, in either of the cases mentioned above, a tribunal may admit a later plea if it considers the delay justified (Article 16(2) of the Model Law). Similar provisions may be found in Sections 21(4), (5), (6), and (7) of the AA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

4.2 Can a tribunal rule on its own jurisdiction?

Yes, the arbitral tribunal can rule on its own jurisdiction, including the existence or validity of an arbitration agreement. This doctrine of competence-competence is provided for under Article 16 of the Model Law and Section 21 of the AA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

4.3 Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

A party should typically raise its jurisdictional objection before the tribunal first, before it turns to the courts of the seat. There is a possibility that a party could simply not participate in the arbitration by stating its jurisdictional objection and, after obtaining a jurisdictional ruling from the tribunal as a preliminary question, apply to the High Court to challenge the jurisdiction.

A party may apply to the High Court challenging either positive or negative jurisdictional rulings by the tribunal. If the tribunal rules that it has jurisdiction as a preliminary question, or on a plea at any stage of the arbitral proceedings that it has no jurisdiction, any party may apply to the High Court within 30 days of receiving notice of the jurisdictional ruling to challenge the same (Section 21(9) of the AA; Section 10(3) of the IAA).

However, a tribunal's preliminary ruling on jurisdiction can be challenged under Article 16(3) of the Model Law only if the ruling does not deal with the merits of the case (AQZ v ARA [2015] 2 SLR 972). If the ruling on jurisdiction also deals with the merits and is an award within the meaning of the IAA, recourse can then be had only to Article 34 of the Model Law and the provisions therein in relation to the setting aside of arbitral awards.

In reviewing the tribunal's jurisdictional rulings, the Singapore courts apply a de novo standard of review (PT First Media TBK v Astro Nusantara International BV [2014] 1 SLR 372; Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] 5 SLR 536). Even if a party does not apply to a court challenging the jurisdictional ruling of the tribunal pursuant to and within the timeframe stipulated under Article 16(3) of the Model Law, this does not preclude that same party from subsequently relying on the tribunal's lack of jurisdiction to resist enforcement of the final substantive arbitral award (PT First Media TBK v Astro Nusantara International BV [2014] 1 SLR 372).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

5 The parties

5.1 Are there any restrictions on who can be a party to an arbitration agreement?

There are generally no restrictions on who can be a party to an arbitration agreement, so long as that party possesses the necessary legal capacity to enter into contracts.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

5.2 Are the parties under any duties in relation to the arbitration?

If the underlying contract, arbitration agreement or applicable rules of arbitration specify any duties in relation to the arbitration, the parties will be bound by those duties as long as they are not inconsistent with a non-derogable provision of the Model Law or the IAA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

5.3 Are there any provisions of law which deal with multi-party disputes?

There are no specific provisions in the AA and the IAA dealing with multi-party disputes. However, the parties are free to agree upon rules of arbitration (eg, the Arbitration Rules of the Singapore International Arbitration Centre) which may contain such provisions.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

6 Applicable law issues

6.1 How is the law of the arbitration agreement determined in your jurisdiction?

The Singapore courts apply a three-step approach. The courts will first give effect to the express choice of the parties; absent which the courts will look at all relevant facts and circumstances of the case to determine whether there is an implied choice as to the law of the arbitration agreement. If no implied choice can be determined, the courts will then apply the law that has the closest and most real connection to the arbitration agreement. In BCY v BCZ [2016] SGHC 249, the Singapore High Court held that when the arbitration agreement forms a part of the main contract, in the absence of express choice by the parties on the law governing the arbitration agreement, the governing law of the main contract is a strong indicator of the governing law of the arbitration agreement.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

6.2 Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Yes, the arbitral tribunal is bound to decide the dispute in accordance with the law chosen by the parties as applicable to the substance of the dispute (Section 32(1) of the AA; Article 28 of the Model Law). Any reference to the laws of a particular state exclude its conflict of laws rules, unless otherwise expressed by the parties (Article 28(1) of the Model Law).

If the parties have not decided on an applicable law, the law applicable to the substance of the dispute will be decided by the arbitral tribunal, in accordance with the conflict of laws rules that it considers applicable (Section 32(2) of the AA; Article 28(2) of the Model Law). Under the Model Law, a tribunal may decide the dispute ex aequo et bono or as amiable compositeur only upon express authorisation by the parties (Article 28(3) of the Model Law).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

7 Consolidation and third parties

7.1 Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?

Consolidation of proceedings is permissible when the parties agree or when the rules of arbitration chosen by the parties permit consolidation.

The AA specifically permits consolidation of proceedings on such terms as have been agreed by the parties; the parties may also agree to hold concurrent hearings (Section 26(1) of the AA). Unless the parties have agreed to confer the power on the tribunal to order consolidation or to hold concurrent hearings, the tribunal has no such power (Section 26(2) of the AA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

7.2 Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?

The AA and the IAA are silent on the issue of joinder of parties. However, a joinder of parties may be ordered where:

  • the party sought to be joined is found to be a contracting party to the arbitration agreement; or
  • the parties to the arbitration agreement have consented to extend the agreement to a person who was not a party to the agreement, but who consents to be bound by it, with such consent forming an agreement to arbitrate (The Titan Unity [2014] SGHCR 4).

The Court of Appeal has observed that any forced joinder would impinge upon party autonomy and confidentiality (PT First Media TBK v Astro Nusantara International BV [2014] 1 SLR 372). Joinder of parties may also be permissible under the applicable rules of arbitration agreed upon by the parties.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

7.3 Does an arbitration agreement bind assignees or other third parties?

Section 9 of the Contracts (Rights of Third Parties) Act read with Section 2 of the same Act provides that an arbitration agreement binds third parties if:

  • the underlying contract expressly provides that the third party may enforce the terms of the contract in its own right; or
  • the underlying contract purports to confer a benefit on the third party.

If, on a proper construction of the underlying contract, it appears that the parties did not intend the contract to be enforceable by a third party, then the arbitration agreement will not bind that third party.

Under Singapore law, arbitration agreements are capable of being assigned. However, the effect of the assignment – in particular, whether the assignee is entitled to invoke the arbitration agreement, is obliged to perform the arbitration agreement or both – is a matter that has not been finally decided by the Singapore courts. Under common law, assignments are legally capable of transferring rights, but not obligations, and it is an open question whether an assignment of an arbitration agreement transfers only the right to invoke the arbitration agreement, and not the obligation to perform the arbitration agreement (Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza SpA [2016] 5 SLR 455). Pending clarification from the Singapore courts, parties to an assignment wishing for the assignee to be bound by the arbitration agreement in the underlying contract would be well advised either to expressly provide for this in the terms of the assignment or to enter into an agreement to novate the arbitration agreement.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8 The tribunal

8.1 How is the tribunal appointed?

The parties are free to agree upon a procedure for appointing the tribunal (Section 13(2) of the AA); Article 11(2) of the Model Law). If the parties have chosen to conduct their arbitration under any particular arbitration rules, the procedure under the chosen rules will be followed for the appointment of the tribunal. When the agreed mechanism for appointment fails, a party may request the appointing authority to take measures to secure the necessary appointments (Section 13(5) of the AA; Article 11(4) of the Model Law).

If the parties have not agreed upon a procedure for appointing the tribunal:

  • in an arbitration with a sole arbitrator, the arbitrator shall be appointed upon the request of a party by the appointing authority; and
  • in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators shall appoint the third.

If a party fails to appoint its arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made upon the request of a party by the appointing authority (Article 11(3) of the Model Law; Section 13(3) of the AA)

For these purposes, the President of the Court of Arbitration of the Singapore International Arbitration Centre has been designated as the appointing authority (Section 13(8) of the AA; Section 8(2) of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.2 Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?

If the number of arbitrators is not determined by the parties, there shall be a single arbitrator (Section 12 of the AA; Section 9 of the IAA).

Parties are generally free to agree on any qualifications required of arbitrators. No person shall be precluded by reason of nationality from acting as an arbitrator, unless otherwise agreed by the parties (Section 13(1) of the AA; Article 11(1) of the Model Law).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.3 Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?

An arbitrator may be challenged only if justifiable doubts exist as to his or her independence or impartiality, or if he or she does not possess the qualifications agreed to by the parties. A party may challenge an arbitrator it has appointed only for reasons of which it becomes aware after the appointment has been made (Section 14(3) of the AA; Article 12 of the Model Law).

In respect of an arbitrator's independence or impartiality, the test to be applied is an objective one: whether there are any circumstances that would give rise to a reasonable suspicion or apprehension in a fair-minded reasonable person with knowledge of the relevant facts that the tribunal was biased.

The parties are free to agree on a procedure for challenging an arbitrator (Section 15(1) of the AA; Article 13 of the Model Law). If there is no such agreement, any party which intends to challenge an arbitrator may send a written statement to the tribunal specifying the reasons for the challenge within 15 days of the constitution of the tribunal or after becoming aware of the circumstances for challenge. If the challenged arbitrator does not withdraw or the other party does not agree to the challenge, the arbitral tribunal shall decide on the challenge. If the challenge is rejected, the challenging party may apply to the Singapore courts within 30 days of receiving the notice of the decision rejecting the challenge to ask the Singapore courts to decide on the challenge (Section 15(4) of the AA; Article 13(3) of the Model Law).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.4 If a challenge is successful, how is the arbitrator replaced?

An arbitrator is replaced in accordance with the rules applicable to the appointment of the arbitrator being replaced (Article 15 of the Model Law). Under the AA, the parties are free to agree on how the vacancy is to be filled (Section 18 of the AA). Failing any such agreement, the procedure for appointment of arbitrators under Section 13 of the AA shall apply (see question 24).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.5 What duties are imposed on arbitrators? Are these all imposed by legislation?

Both the AA and the IAA impose a duty on an arbitrator to disclose the existence of any circumstances that may give rise to justifiable doubts as to his or her impartiality or independence – this duty is a continuing one and persists throughout the course of the arbitration (Sections 14(1) and (2) of the AA; Article 12(1) of the Model Law).

The tribunal is obliged to act fairly and impartially, treat parties with equality and give each party a reasonable opportunity to present its case (Section 22 of the AA; Article 18 of the Model Law).

The tribunal is not permitted to delegate its task of deciding on the issues in dispute to others. The tribunal is also obliged to give reasons for its decision (Section 38(2) of the AA; Article 31(2) of the Model Law).

While there is an increasing recognition in international jurisprudence that a tribunal is under a duty to render an enforceable award, this is not expressly provided for in the AA or the IAA; nor have the Singapore courts had the opportunity to address this.

An arbitrator is not liable for:

  • negligence in respect of anything done or omitted to be done in the capacity of an arbitrator; or
  • any mistake of law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award (Section 20 of the AA; Section 25 of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.6 What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?

(a) Procedure, including evidence?

The parties are free to agree upon the procedure to be followed in the conduct of arbitral proceedings (Section 23 of the AA; Article 19 of the Model Law). If there is no such agreement, the arbitral tribunal may conduct the arbitration in a manner it considers appropriate. This power includes the power to determine the admissibility, relevance, materiality and weight of any evidence (Section 23 of the AA; Article 19 of the Model Law).

An arbitral tribunal has powers to give orders and issue directions for security for costs, discovery of documents and interrogatories, giving of evidence by affidavit and power to administer oaths (Section 28 of the AA; Section 12 of the IAA). Unless otherwise agreed by the parties, the tribunal also has power to appoint experts (Section 27 of the AA; Article 26 of the Model Law). Specifically, in respect of international arbitrations, the tribunal may request court assistance in taking evidence (Article 27 of the Model Law).

(b) Interim relief?

Article 17 of the Model Law and Section 12 of the IAA provide that an arbitral tribunal has power to grant various types of interim reliefs, including interim injunctions, security for costs, and orders for the preservation and interim custody of any property or evidence. On the other hand, whilst Section 28 of the AA likewise provides an arbitral tribunal the power to grant interim reliefs, there are certain powers that are available to arbitral tribunals under Section 12 of the IAA that are not available to arbitral tribunals under Section 28 of the AA. These include, the power to secure the amount in dispute, to grant freezing injunctions, and to grant interim injunctions – these are reserved for the Court under Section 31 of the AA.

(c) Parties which do not comply with its orders?

In general, a tribunal may make adverse costs orders against parties that do not comply with its orders. An aggrieved party may also apply to the Singapore courts for leave to enforce the arbitral tribunal's orders as if they were orders made by the court; if leave is given, judgment may be entered into terms of the order (Section 28(4) of the AA; Section 12(6) of the IAA).

Specifically, under Section 29(1) of the AA, the parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party's failure to take any necessary action for the proper and expeditious conduct of the proceedings (which would include non-compliance with the tribunal's orders). Further, the tribunal may make an award dismissing the claim if it is satisfied that:

  • there has been inordinate and inexcusable delay on the part of the claimant in pursuing its claims; and
  • the delay has given rise or is likely to give rise to a substantial risk that a fair resolution of the issues in that claim is not possible, or has caused or is likely to cause serious prejudice to the respondent (Section 29(3) of the AA).

Under both Section 29(2) of the AA and Article 25 of the Model Law, if, without showing sufficient cause:

  • the claimant fails to communicate its statement of claim, the arbitral tribunal may terminate the proceedings;
  • the respondent fails to communicate its statement of defence, the tribunal may continue the proceedings without treating such failure as an admission of the claimant's allegations; and
  • any party fails to appear at a hearing or to produce documentary evidence, the tribunal may continue the proceedings and make the award on the evidence before it.

(d) Issuing partial final awards?

Unless otherwise agreed by the parties, a tribunal may make more than one award at different points in time on different aspects of the matter, and may make an award relating to an issue affecting the whole claim or a part of the claim or counter-claim (Section 33 of the AA; Section 19A of the IAA). Award means a decision of the arbitral tribunal on the substance of the dispute and the definition of an ‘award' includes interim, interlocutory or partial awards, but excludes any orders or directions made under Section 12 of the IAA or Section 28 of the AA, as the case may be (Section 2 of the AA; Section 2 of the IAA). In respect of such orders or directions, see question 29(c).

(e) The remedies it can grant in a final award?

An arbitral tribunal may grant any remedy or relief that the High Court in Singapore could have ordered if the dispute had been the subject of civil proceedings in that court (Section 34 of the AA; Section 12(5) of the IAA).

(f) Interest?

The tribunal may award interest on a simple or compound basis, from such date and at such rate as the tribunal considers appropriate, on the whole or any part of any sum awarded by the tribunal or any sum which is in issue in the proceedings, or costs awarded in the proceedings. Unless the award otherwise directs, the sum awarded shall carry interest from the date of the award and at the same rate as a judgment debt (being simple interest at a rate of 5.33% per annum) (Section 35 of the AA; Section 20 of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.7 How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?

See question 29(c).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

8.8 Are arbitrators immune from liability?

An arbitrator shall not be liable for negligence in respect of any acts or omissions in the capacity of an arbitrator, and any mistake in law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award (Section 20 of the AA; Section 25 of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

9 The role of the court during an arbitration

9.1 Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

Yes. A party to an arbitration agreement, or any person claiming through or under such party, may make an application to the Singapore courts to stay the proceedings in respect of any matter which is the subject matter of the arbitration agreement between the parties. Such an application may be made at any time after appearance and before delivering any pleading or taking any other step in the proceedings (Sections 6(1) and 6(5) of the AA; Sections 6(1) and 6(5) of the IAA).

Under the IAA, the court to which an application is made shall make an order staying the proceedings insofar as they relate to the subject matter of the arbitration agreement, unless the court is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed (Section 6(2) of the IAA).

Under the AA, the court has the discretion to grant a stay if it is satisfied that;

  • there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
  • the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper conduct of the arbitration (Section 6 of the AA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

9.2 Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

Under both the AA and the IAA in respect of domestic and international arbitrations, the Singapore courts have the power to:

  • order a stay of court proceedings in favour of arbitration (see question 32) and make various orders ancillary to the stay (Sections 6(3), 6(4), and 7 of the AA; Sections 6(3), 6(4) and 7 of the IAA);
  • review the tribunal's jurisdictional rulings (see question 15);
  • hear challenges against arbitrators (see question 26);
  • order interim relief (Section 31 read with Section 28 of the AA; Section 12A read with Section 12 of the IAA);
  • enforce orders or directions made by the tribunal (see question 29(c)); and
  • hear applications to set aside or to enforce arbitral awards, as the case may be (see questions 38 to 43).

Specifically, under the IAA in respect of international arbitrations, the Singapore courts have the power to:

  • order that a subpoena to testify or to produce documents be issued to compel the attendance before an arbitral tribunal of a witness, wherever he or she may be in Singapore (Section 13 of the IAA); and
  • order interim relief in aid of international arbitrations to which Part II of the IAA applies, irrespective of whether the place of arbitration is in the territory of Singapore (Section 12A(1)(b) of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

9.3 Can the parties exclude the court's powers by agreement?

Neither the AA nor the IAA has provisions expressly permitting the parties to exclude the powers of the court by agreement.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

10 Costs

10.1 How will the tribunal approach the issue of costs?

The tribunal has wide discretion to award costs, unless otherwise agreed between the parties. The general practice in this regard has been that ‘costs follow the event' (ie, costs are paid by the losing party). There is generally no limit on the quantum of costs that may be awarded. However, if the overall successful party has not succeeded on all issues raised, this may be taken into account to reduce the costs awarded to reflect the relative measure of success.

Section 21 of the IAA provides that costs in an international arbitration may be taxed by the Registrar of the Singapore International Arbitration Centre; while Section 39 of the AA provides that costs in a domestic arbitration may be taxed by the Registrar of the Supreme Court of Singapore. For domestic arbitrations, it is presumed that the principles applicable to taxation of costs in Singapore court proceedings will be applied. However, for international arbitrations, neither the IAA nor the arbitration rules of the Singapore International Arbitration Centre provide any guidance as to the principles to be applied.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

10.2 Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

For an arbitration governed by the AA, any provision in the arbitration agreement to the effect that the parties or any party shall, in any event, pay its own costs of the reference or award or any part thereof shall be void (Section 39(2) of the AA). However, such a provision will not be void if it is part of an agreement to submit to arbitration a dispute which arose before such agreement was made (Section 39(3) of the AA).

There is no equivalent provision for international arbitrations under the IAA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

11 Funding

11.1 Is third-party funding permitted for arbitrations seated in your jurisdiction?

Third-party funding is permitted for international arbitrations and related court and mediation proceedings funded by a qualifying third-party funder. The Civil Law (Amendment) Act, 2017 (passed on 10 January 2017) abolished the common law torts of maintenance and champerty . The Civil Law (Third-party Funding) Regulations came into force on 1 March 2017 and provide that a qualifying third-party funder must satisfy and continue to satisfy the following criteria:

  • It carries on the principal business, in Singapore or elsewhere, of the funding of the costs of dispute resolution proceedings; and
  • It has a paid-up share capital of not less than S$5 million or not less than S$5 million in managed assets.

Amendments to the Legal Profession Act and Legal Profession (Professional Conduct) Rules clarify that legal practitioners may introduce or refer funders to their client and can advise their clients in relation to the third-party funding contract (as long as they receive no direct financial benefit from the referral); but also that legal practitioners are under a duty to disclose to the court or tribunal, as the case may be, the existence of third-party funding and the identity of the third-party funder.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

12 Award

12.1 What procedural and substantive requirements must be met by an award?

The award must be in writing and be signed by the sole arbitrator or by a majority of the arbitrators (provided that the reason for any omitted signature is stated). The award must state the reasons upon which it is based, unless the parties have agreed otherwise or the award is made by consent of the parties. The award must mention the date of the award and the place of arbitration; the award is deemed to have been made at the place of the arbitration. After the award has been made, a signed copy of the award must be delivered to each party (Section 38 of the AA; Article 31 of the Model Law).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

12.2 Must the award be produced within a certain timeframe?

There is no time limit prescribed for rendering an award. Specifically, under Section 36 of the AA, the court has power to extend the time for making an award for such period and on such terms as it thinks fit when the time is limited by the arbitration agreement. There is no equivalent power under the IAA.

In this regard, the Singapore courts have held that an undue delay in the making of an award in and of itself does not suggest that the arbitrator or tribunal is partial or lacks independence, and is also not a basis on which the award may be set aside (PT Central Investindo v Franciscus Wongso [2014] 4 SLR 978).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

13 Enforcement of awards

13.1 Are awards enforced in your jurisdiction? Under what procedure?

An award (regardless of whether it is made in a domestic arbitration or in an international arbitration seated within or outside of Singapore) may be enforced by leave of the High Court, in the same manner as a judgment or an order to that effect. When leave to enforce is granted, a judgment may be entered in terms of the award (Section 46 of the AA; Sections 19 and 29 of the IAA).

Specifically, in respect of awards made in international arbitrations (whether seated within or outside of Singapore), the party seeking to enforce the award must produce to the court:

  • the duly authenticated original award or a duly certified copy thereof;
  • the original arbitration agreement under which the award purports to have been made or a duly certified copy thereof; and
  • where the award or agreement is in a foreign language, a translation in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made (Section 30 of the IAA; Article 35 of the Model Law; Order 69A Rule 6 of the Rules of Court).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

14 Grounds for challenging an award

14.1 What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?

An award (whether made in a domestic or international arbitration seated in Singapore) may be set aside on the following grounds set out in Section 48 of the AA or Article 34(2) of the Model Law:

  • A party to the arbitration agreement was under some incapacity; or the said agreement was not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Singapore.
  • The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case.
  • The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside.
  • The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement is in conflict with a non-derogable provision of the Model Law, the AA or the IAA or, failing such agreement, was not in accordance with the Model Law, the AA or the IAA (as the case may be).
  • The subject matter of the dispute is not capable of settlement by arbitration under the law of Singapore.
  • The award conflicts with the public policy of Singapore.

In addition, Section 48 of the AA and Section 24 of the IAA provide the following grounds on which an award may be set aside:

  • The making of the award was induced or affected by fraud or corruption; or
  • A breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.

Specifically, under Section 49 of the AA, a party may appeal an award on a question of law arising out of the award. A question or law does not mean an error of law; a question of law is rather a point of law in controversy which must be resolved after opposing views and arguments have been considered. If the point of law is settled and not something novel, and it is contended that the arbitrator made an error in the application of the law, there lies no appeal against that error, for there is no question of law which calls for an opinion of the court (Prestige Marine Services Pte Ltd v Marubeni International Petroleum (S) Pte Ltd [2012] 1 SLR 917). There is no equivalent provision in the IAA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

14.2 Are there are any time limits and/or other requirements to bring a challenge?

An application to set aside an award (whether made in a domestic or international arbitration) must be made within three months of the date on which the party making the application had received the award, or if a request has been made for the correction or interpretation of an award or for the arbitral tribunal to make an additional award, three months from the date on which the request is disposed of by the arbitral tribunal (Section 48(2) of the AA; Article 34(3) of the Model Law). An application to appeal an award made in a domestic arbitration on a point of law under Section 49 of the AA must be made within 28 days of the date of the award Section 50(3), AA.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

14.3 Are parties permitted to exclude any rights of challenge or appeal?

Yes, this is permitted, provided that the parties' intention to do so is clear and unequivocal.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

15 Confidentiality

15.1 Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

The AA and the IAA do not explicitly impose a duty of confidentiality. However, a party may apply to have hearings otherwise than in open court and for other measures to preserve the confidentiality of the proceedings in relation to arbitration (Sections 56 and 57 of the AA; Sections 22 and 23 of the IAA).

An implied obligation of confidentiality in arbitrations has been recognised by the Singapore courts (AAY v AAZ [2011] 1 SLR 1093; Myanma Yaung Chi Oo Co Ltd v Win Win Nu [2003] 2 SLR(R) 547).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

15.2 Are there any exceptions to confidentiality?

The scope and nature of the exceptions to the obligation of confidentiality have not been exhaustively and precisely identified by the Singapore courts. Currently, the exceptions to the obligation of confidentiality that have been recognised include the following (Myanma Yaung Chi Oo Co Ltd v Win Win Nu [2003] 2 SLR(R) 547; AAY v AAZ [2011] 1 SLR 1093):

  • Consent (whether express or implied) has been obtained from the party which originally produced the material;
  • An order or leave of the court has been obtained;
  • Disclosure is reasonably necessary for the protection of the legitimate interests of one party; or
  • The public interest or the interests of justice require disclosure.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Singhania & Partners LLP, Solicitors and Advocates
 
In association with
Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Singhania & Partners LLP, Solicitors and Advocates
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions