Singapore Arbitration Legislation: Annotated

Description

This book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included. Cover Half Title Title Copyright Preface Contents Table of Cases Chapter 1 BACKGROUND TO THE SINGAPORE LEGISLATION Structure of the arbitration system in Singapore The two systems Structure of the present work Reception of the Model Law Chapter 2 INTERNATIONAL ARBITRATION ACT PART I—PRELIMINARY Short title PART II—INTERNATIONAL COMMERCIAL ARBITRATION Interpretation of Part II Definition and form of arbitration agreement Background Agreement Scope of arbitration clause Agreement in writing Incorporation Bills of lading cases Variations and settlements Conflicting clauses Arbitration and other dispute resolution mechanisms Model Law to have force of law Relationship between Model Law and IAA "Place" of the arbitration Interpretation of Model Law by use of extrinsic material Application of Part II Enforcement of international arbitration agreement Stay of judicial proceedings Who decides jurisdictional issues? Existence of dispute Null and void, inoperative or incapable of being performed Loss of right to seek stay Ancillary orders Delay Third Parties Procedure Anti-arbitration injunctions Court's powers on stay of proceedings Authorities specified for purposes of Article 6 of Model Law Application of Limitation Act and Foreign Limitation Periods Act 2012 Effect of section 8A Running of time for commencing arbitration proceedings under Singapore law Effect of award being set aside Limitation period and enforcement of award Number of arbitrators for purposes of Article 10(2) of Model Law Default appointment of arbitrators Appeal on ruling of jurisdiction Legislative structure Article 16(3) of the Model Law: scope Article 16(3) of the Model Law and other mechanisms Article 16(3) of the Model Law: procedure IAA, section 10 Procedure under IAA, section 10 Appeals under section 10 and article 16(3) of the Model Law Nature of judicial proceedings Costs Public policy and arbitrability Reference of interpleader issue to arbitration Powers of arbitral tribunal The powers of arbitrators Enforcement and judicial support Security for costs Procedure and evidence Obtaining evidence Language and representation Experts Security Remedies Interest Court-ordered interim measures Scope of court's power to grant interim measures Geographical scope Relationship between court and arbitrators Orders for security Preservation of assets Anti-suit injunctions Witnesses may be summoned by subpoena Law of arbitration other than Model Law Application of rules of arbitration Appointment of conciliator Power of arbitrator to act as conciliator Award by consent Enforcement of awards Awards made on different issues Effect of award Authentication of awards and arbitration agreements Interest on awards Taxation of costs Proceedings to be heard otherwise than in open court Privacy and confidentiality The position in Singapore Exceptions Determination of privacy and confidentiality questions Restrictions on reporting of proceedings heard otherwise than in open court Court may set aside award Grounds for setting award aside Fraud or corruption Breach of the rules of natural justice: prejudice Illustrations of natural justice Procedure Liability of arbitrator Immunity of appointing authority and arbitral institutions, etc. Transitional provisions PART III—FOREIGN AWARDS Interpretation of Part III Application of Part III Recognition and enforcement of foreign awards Evidence Refusal of enforcement Availability of power to refuse enforcement Incapacity Invalid arbitration agreement Inability to present case Substantive jurisdiction Breach of agreed procedure Appeal against award pending Public policy Convention countries Enforcement of awards under other provisions of law PART IV—GENERAL Act to bind Government Rules of Court FIRST SCHEDULE, UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION CHAPTER I—GENERAL PROVISIONS Article 1. Scope of application Article 2. Definitions and rules of interpretation Article 2A. International origin and general principles Article 3. Receipt of written communications Article 4. Waiver of right to object Article 5. Extent of court intervention Article 6. Court or other authority for certain functions of arbitration assistance and supervision CHAPTER II—ARBITRATION AGREEMENT Article 7. Definition and form of arbitration agreement Article 8. Arbitration agreement and substantive claim before court Article 9. Arbitration agreement and interim measures by court CHAPTER III—COMPOSITION OF ARBITRAL TRIBUNAL Article 10. Number of arbitrators Article 11. Appointment of arbitrators Article 12. Grounds for challenge Article 13. Challenge procedure Article 14. Failure or impossibility to act Article 15. Appointment of substitute arbitrator CHAPTER IV—JURISDICTION OF ARBITRAL TRIBUNAL Article 16. Competence of arbitral tribunal to rule on its jurisdiction Article 17. Power of arbitral tribunal to order interim measures CHAPTER IVA—INTERIM MEASURES AND PRELIMINARY ORDERS Section 1. Interim measures Article 17. Power of arbitral tribunal to order interim measures Article 17A. Conditions for granting interim measures Section 2. Preliminary orders Article 17B. Applications for preliminary orders and conditions for granting preliminary orders Article 17C. Specific regime for preliminary orders Section 3. Provisions applicable to interim measures and preliminary orders Article 17D. Modification, suspension, termination Article 17E. Provision of security Article 17F. Disclosure Article 17G. Costs and damages Section 4. Recognition and enforcement of interim measures Article 17H. Recognition and enforcement Article 17I. Grounds for refusing recognition or enforcement Section 5. Court-ordered interim measures Article 17J. Court-ordered interim measures CHAPTER V—CONDUCT OF ARBITRAL PROCEEDINGS Article 18. Equal treatment of parties Article 19. Determination of rules of procedure Article 20. Place of arbitration Article 21. Commencement of arbitral proceedings Article 22. Language Article 23. Statements of claim and defence Article 24. Hearings and written proceedings Article 25. Default of a party Article 26. Expert appointed by arbitral tribunal Article 27. Court assistance in taking evidence CHAPTER VI—MAKING OF AWARD AND TERMINATION OF PROCEEDINGS Article 28. Rules applicable to substance of dispute The importance of the applicable law Express choice of law No express choice of law Choice other than a system of law Article 29. Decision-making by panel of arbitrators Article 30. Settlement Article 31. Form and contents of award Article 32. Termination of proceedings Article 33. Correction and interpretation of award; additional award Correction of errors on application Correction without application Interpretation of award Additional award CHAPTER VII—RECOURSE AGAINST AWARD Article 34. Application for setting aside as exclusive recourse against arbitral award Incapacity Arbitration agreement not valid Inability to present case Dispute not within the arbitration agreement Improper composition of tribunal Improper procedure Subject matter not capable of arbitration Public policy of Singapore Time limit Procedure Effect of successful application CHAPTER VIII—RECOGNITION AND ENFORCEMENT OF AWARDS SECOND SCHEDULE, CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS CONCLUDED AT NEW YORK ON 10TH JUNE 1958 Chapter 3 ARBITRATION ACT PART I—PRELIMINARY Short title and commencement Interpretation Application of this Act PART II—ARBITRATION AGREEMENT Definition and form of arbitration agreement Arbitration agreement not to be discharged by death of party PART III—STAY OF LEGAL PROCEEDINGS Stay of legal proceedings Court's powers on stay of proceedings Reference of interpleader issue to arbitration PART IV—COMMENCEMENT OF ARBITRAL PROCEEDINGS Commencement of arbitration proceedings Powers of Court to extend time for beginning of arbitration proceedings Application of Limitation Act and Foreign Limitation Periods Act 2012 PART V—ARBITRAL TRIBUNAL Number of arbitrators Appointment of arbitrators Grounds for challenge Challenge procedure Failure or impossibility to act Arbitrator ceasing to hold office Appointment of substitute arbitrator Decision by panel of arbitrators Liability of arbitrator PART VI—JURISDICTION OF ARBITRATION TRIBUNAL Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction Appeal on ruling of jurisdiction PART VII—ARBITRAL PROCEEDINGS General duties of arbitral tribunal Determination of rules of procedure Statements of claim and defence Hearings and written proceedings Consolidation of proceedings and concurrent hearings Power to appoint experts General powers exercisable by arbitral tribunal Powers of arbitral tribunal in case of party's default Witnesses may be summoned by subpoena Court's powers exercisable in support of arbitration proceedings PART VIII—AWARD Law applicable to substance of dispute Awards made on different issues Remedies Interest Extension of time for making award Award by consent Form and contents of award Costs of arbitration Fees of arbitrator Power to withhold award in case of non-payment Court may charge property with payment of solicitor's costs in arbitration Correction or interpretation of award and additional award Effect of award PART IX—POWERS OF THE COURT IN RELATION TO AWARD Determination of preliminary point of law Enforcement of award No judicial review of award Court may set aside award Appeal against award Criteria for permission to appeal Questions of law Exclusion by agreement Consensual appeals Non-consensual appeals The grant of permission: considerations "Just and proper" Determination: remedies Procedural matters Supplementary provisions to challenge appeal Effect of order of Court upon appeal or challenge against award Application for leave of Court, etc. PART X—MISCELLANEOUS Notice and other requirements in connection with legal proceedings Powers of Court and Registrar Rules of Court Proceedings to be heard otherwise than in open court Restrictions on reporting of proceedings heard otherwise than in open court Application to references under statutory powers Immunity of arbitral institutions Authentication of awards and arbitration agreements Service of notices Reckoning periods of time Appointment of mediator Power of arbitrator to act as mediator Act to bind Government Transitional provisions Chapter 4 OTHER LEGISLATION STATE IMMUNITY ACT General immunity from jurisdiction Arbitration provisions General Arbitration Injunction relief CONTRACTS (RIGHTS OF THIRD PARTIES) ACT Right of third party to enforce contractual term Arbitration provisions General Arbitration Relationship between s. 9(1) and s. 9(2) Applicable law Chapter 5 RULES OF COURT ORDER 69—ARBITRATION PROCEEDINGS Interpretation Matters for Judge in person Matters for Judge or Registrar Preliminary question of law Application to set aside an award Appeals on a question of law arising out of an award Applications for leave to appeal on a question of law arising out of an award Leave to appeal to Court of Appeal Extension of time: applications under section 10 of the Act Service out of jurisdiction of summons, notice, etc. Requirements as to notice Subpoena Enforcement of interlocutory orders or directions Enforcement of arbitration awards Registration in High Court of Commonwealth awards Saving provisions ORDER 69A INTERNATIONAL ARBITRATION ACT Interpretation Matters for a Judge in person Matters for Judge or Registrar Service out of jurisdiction of originating process Enforcement of interlocutory orders or directions Enforcement of arbitral awards Subpoena Taking of evidence Chapter 6 RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE Rule 1: Scope of Application and Interpretation Rule 2: Notice, Calculation of Periods of Time Rule 3: Notice of Arbitration Rule 4: Response to the Notice of Arbitration Rule 5: Expedited Procedure Rule 6: Number and Appointment of Arbitrators Rule 7: Sole Arbitrator Rule 8: Three Arbitrators Rule 9: Multi-party Appointment of Arbitrator(s) Rule 10: Qualifications of Arbitrators Rule 11: Challenge of Arbitrators Rule 12: Notice of Challenge Rule 13: Decision on Challenge Rule 14: Replacement of an Arbitrator Rule 15: Repetition of Hearings in the Event of Replacement of an Arbitrator Rule 16: Conduct of the Proceedings Rule 17: Submissions by the Parties Rule 18: Seat of Arbitration Rule 19: Language of Arbitration Rule 20: Party Representatives Rule 21: Hearings Rule 22: Witnesses Rule 23: Tribunal-Appointed Experts Rule 24: Additional Powers of the Tribunal Rule 25: Jurisdiction of the Tribunal Rule 26: Interim and Emergency Relief Rule 27: Applicable law, amiable compositeur Rule 28: The Award Rule 29: Correction of Awards and Additional Awards Rule 30: Fees and Deposits Rule 31: Costs of the Arbitration Rule 32: Tribunal's Fees and Expenses Rule 33: Party's Legal and Other Costs Rule 34: Exclusion of Liability Rule 35: Confidentiality Rule 36: Decisions of the President, the Court and the Registrar Rule 37: General Provisions SCHEDULE 1, EMERGENCY ARBITRATOR SCHEDULE 2, SPECIAL PROVISIONS FOR SIAC DOMESTIC ARBITRATION RULES Index