Read the first time on 25th September 2001
Passed on 5 October 2001
Assented on 27 October 2001
Commencement
Date: 1 March 2002
An Act to provide for the conduct of arbitration and to repeal the
Arbitration Act (Chapter 10 of the 1985 Revised Edition) and also to make
consequential amendнments to the Bankruptcy Act (Chapter 20 of the 2000 Revised
Edition) and the Limitation Act (Chapter 163 of the 1996 Revised Edition).
{Revised 2002 Edition }
Be it enacted by the President with the advice and consent of the
Parliament of Singapore, as follows:
1. This Act may be
cited as the Arbitration Act 2001 and shall come into operation on such date
as the Minister may, by notification in the Gazette,
appoint.
2. Ч(1) In
this Act, unless the context otherwise requires Ч
Уappointing authorityФ means the appointing authority
designated under section 13 (8) or (9);
Уarbitral tribunalФ means a sole arbitrator or a panel
of arbitrators or an arbitral institution;
Уarbitration agreementФ has the meaning given to it in
section 4;
УawardФ means a decision of the arbitral tribunal on
the substance of the dispute and includes any interim, interlocutory or partial
award but excludes any orнders or directions made under section
28;
УCourtФ means the High Court in Singapore;
УcourtФ , for the purposes of sections 6, 7, 8, 11(1),
55, 56 and 57, means the High Court, District Court, MagistrateТs Court or any
other court in which the proceedings referred to in those sections are
instituted or heard;
УpartyФ means a party to an arbitration agreement or,
in any case where an arbiнtration does not involve all of the parties to the
arbitration agreement, means a party to the arbitration;
Уthe place of the arbitrationФ means the juridical
seat of the arbitration designated by Чааа
(a) the parties to the arbitration agreement;
(b) any arbitral or other institution or person
authorised by the parties for that purpose; or
(c) ааааааааа the arbitral
tribunal as authorised by the parties,
or determined, in
the absence of such designation, having regard to the arbiнtration agreement
and all the relevant circumstances.
(2) Where any provision in this Act allows the parties to
determine any issue, the parties may authorise a third party, including an
arbitral institution, to make that deнtermination.
(3) Where any provision in this Act refers to the fact that
the parties have agreed or that they may agree or in any other way refers to an
agreement of the parties, such agreement includes any arbitration rules
incorporated in that agreement.
(4) Where any provision in this Act refers to a claim, it
shall also apply to a cross- claim or counter-claim, and where such provision
refers to a defence, it shall also apply to a defence to such cross-claim or
counter-claim.
3. This Act shall
apply to any arbitration where the place of arbitration is Sinнgapore and where
Part II of the International Arbitration Act (Cap. 143A) does not apply to that
arbitration.
4. Ч(1) In
this Act, Уarbitration agreementФ means an agreement by the parties to submit
to arbitration all or certain disputes which have arisen or which may arise beнtween
them whether contractual or not.
(2) An arbitration agreement may be in the form of an
arbitration clause in a conнtract or in the form of a separate agreement.
(3) An arbitration agreement shall, except as provided for
in subsection (4), be in writing, being contained in Ч
(a) ааааааааааа a document signed by the
parties; or
(b) ааааааааааа an exchange of letters,
telex, telefacsimile or other means of communicaнtion which provide a record of
the agreement.
(4) Where in any arbitral or legal proceedings, a party
asserts the existence of an arbitration agreement in a pleading, statement of
case or any other document in cirнcumstances in which the assertion calls for a
reply and the assertion is not denied, there shall be deemed to be an effective
arbitration agreement as between the parties to the proceedings.
(5) A reference in a bill of lading to a charterparty or
other document containing an arbitration clause shall constitute an arbitration
agreement if the reference is such as to make that clause part of the bill of
lading.
5. Ч(1) An
arbitration agreement shall not be discharged by the death of any parнty to the
agreement but shall continue to be enforceable by or against the personal
representative of the deceased party.
(2) The authority of an arbitrator shall not be revoked by
the death of any party by whom he was appointed.
(3) Nothing in this section shall be taken to affect the
operation of any written law or rule of law by virtue of which any right of
action is extinguished by the death of a person.
6. Ч(1)
Where any party to an arbitration agreement institutes any
proceedings in any court against any other party to the agreement in respect of
any matter which is the subject of the agreement, any party to the agreement
may, at any time after appearance and before delivering any pleading or taking
any other step in the proнceedings, apply to that court to stay the proceedings
so far as the proceedings relate to that matter.
(2) The court to which an application has been made in
accordance with subsecнtion (1) may, if the court it is satisfied that Ч
(a) ааааааааааааааа there is no sufficient reason
why the matter should not be referred in accorнdance with the arbitration
agreement; and
(b) ааааааааа the applicant was, at the time
when the proceedings were commenced, and still remains, ready and willing to do
all things necessary to the proper conнduct of the arbitration,
make an order, upon such
terms as the court thinks fit, staying the proceedings so far as the
proceedings relate to that matter.
(3) Where a court makes an order under subsection (2), the
court may, for the purнpose of preserving the rights of parties, make such
interim or supplementary orders as the court thinks fit in relation to any
property which is or forms part of the subject of the dispute to which the
order under that subsection relates.
(4) Where no party to the proceedings has taken any further
step in the proceedнings for a period of not less than 2 years after an order
staying the proceedings has been made, the court may, on its own motion, make
an order discontinuing the proнceedings without prejudice to the right of any
of the parties to apply for the disconнtinued proceedings to be reinstated.
(5) For the purposes of this section and section 8, a
reference to a party includes a reference to any person claiming through or
under such party.
7. Ч(1)
Where a court stays proceedings under section 6, the court may, if
in those proceedings property has been arrested or bail or other security has
been given to prevent or obtain release from arrest, order that Ч
(a) ааааааааа the property arrested be
retained as security for the satisfaction of any award made on the arbitration;
or
(b) ааааааааа the stay be conditional on
the provision of equivalent security for the satisнfaction of any such award.
(2) Subject to the Rules of Court and to any necessary
modification, the same law and practice shall apply in relation to property
retained in pursuance of an order unнder this section as would apply if it were
held for the purposes of proceedings in the court which made the order.
8. Where in
proceedings before any court relief by way of interpleader is granted and any
issue between the claimants is one in respect of which there is an arbitration
agreement between them, the court granting the relief may direct the issue
between the claimants to be determined in accordance with the agreement.
9. Unless otherwise
agreed by the parties, the arbitration proceedings in respect of a particular
dispute shall commence on the date on which a request for that dispute to be referred
to arbitration is received by the respondent.
10. Ч(1)
Where the terms of an arbitration agreement to refer future
disputes to arbitration provide that a claim to which the arbitration agreement
applies shall be barred unless Ч
(a) ааааааааааааааа some step has been taken to
begin other dispute resolution procedures which must be exhausted before
arbitration proceedings can be begun;
(b) ааааааааааааааа notice to appoint an
arbitrator is given;
(c) ааааааааа an arbitrator is appointed; or
(d) ааааааааааааааа some other step is taken to
commence arbitration proceedings,
within a time fixed by the
agreement and a dispute to which the agreement applies has arisen, the Court
may, if it is of the opinion that in the circumstances of the case undue
hardship would otherwise be caused, extend the time for such period and on such
terms as the Court thinks fit.
(2) An order of extension of time made by the Court under
subsection (1) Ч
(a) ааааааааа may be made only after any
available arbitral process for obtaining an exнtension of time has been
exhausted;
(b) ааааааааа may be made notwithstanding
that the time so fixed has expired; and
(c) ааааааааа shall not affect the
operation of section 9 or 11 or any other written law reнlating to the
limitation of actions.
11. Ч(1)
The Limitation Act (Cap. 163) shall apply to arbitration
proceedings as it applies to proceedings before any court and a reference in
that Act to the comнmencement of any action shall be construed as a reference
to the commencement of arbitration proceedings.
(2) The Court may order that in computing the time
prescribed by the Limitation Act for the commencement of proceedings (including
arbitration proceedings) in reнspect of a dispute which was the subject- matter
of Ч
(a) ааааааааа an award which the Court
orders to be set aside or declares to be of no efнfect; or
(b) ааааааааа the affected part of an award
which the Court orders to be set aside in part or declares to be in part of no
effect,
the period between the commencement
of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.
(3) Notwithstanding any term in an arbitration agreement to
the effect that no cause of action shall accrue in respect of any matter
required by the agreement to be referred until an award is made under the
agreement, the cause of action shall, for the purpose of the Limitation Act, be
deemed to have accrued in respect of any such matter at the time when it would
have accrued but for that term in the agreement.
12. Ч(1)
The parties are free to determine the number of arbitrators.
(2) Failing such determination, there shall be a single
arbitrator.
13. Ч(1)
Unless otherwise agreed by the parties, no person shall be
precluded by reason of his nationality from acting as an arbitrator.
(2) The parties are free to agree on a procedure for
appointing the arbitrator or arнbitrators.
(3) Where the parties fail to agree on a procedure for
appointing the arbitrator or arbitrators Ч
(a) ааааааааа in an arbitration with 3
arbitrators, each party shall appoint one arbitrator, and the parties shall by
agreement appoint the third arbitrator; or
(b) ааааааааа in an arbitration with a sole
arbitrator, if the parties are unable to agree on the arbitrator, the
arbitrator shall be appointed, upon the request of a party, by the appointing
authority.
(4) Where subsection (3)(a)
applies Ч
(a) ааааааааа if a party fails to appoint
an arbitrator within 30 days of receipt of a first request to do so from the
other party; or
(b) ааааааааа if the 2 parties fail to
agree on the appointment of the third arbitrator within 30 days of the receipt
of the first request by either party to do so,
the appointment shall be
made, upon the request of a party, by the appointing auнthority.
(5) If, under an appointment procedure agreed upon by the
parties Ч
(a) ааааааааа a party fails to act as
required under such procedure;
(b) ааааааааа the parties are unable to
reach an agreement expected of them under such procedure; or
(c) ааааааааа a third party, including an
arbitral institution, fails to perform any function entrusted to it under such
procedure,
any party may apply to the
appointing authority to take the necessary measure unнless the agreement on the
appointment procedure provides other means for securing the appointment.
(6) Where a party makes a request or makes an application to
the appointing auнthority under subsection (3), (4) or (5), the appointing
authority shall, in appointing an arbitrator, have regard to the following:
(a) ааааааааа the nature of the
subject-matter of the arbitration;
(b) ааааааааа the availability of any
arbitrator;
(c) ааааааааа the identities of the parties
to the arbitration;
(d) ааааааааа any suggestion made by any of
the parties regarding the appointment of any arbitrator;
(e) ааааааааа any qualifications required
of the arbitrator by the arbitration agreement; and
(f) аааааааааа such considerations as are
likely to secure the appointment of an indepenнdent and impartial arbitrator. а
(7) No appointment by the appointing authority shall be
challenged except in acнcordance with this Act.
(8) For the purposes of this Act, the appointing authority
shall be the Chairman of the Singapore International Arbitration Centre.
(9) The Chief Justice may, if he thinks fit, by notification
published in the Gazette, appoint any
other person to exercise the powers of the appointing authority under this
section.
14. Ч(1)
Where any person is approached in connection with his possible apнpointment
as an arbitrator, he shall disclose any circumstance likely to give rise to
justifiable doubts as to his impartiality or independence.
(2) An arbitrator shall, from the time of his appointment
and throughout the arbiнtration proceedings, without delay disclose without
delay any such circumstance as is referred to in subsection (1) to the
parties unless they have already been so informed by him.
(3) Subject to subsection (4), an arbitrator may be
challenged only if Ч
(a) ааааааааааааааа circumstances exist that give
rise to justifiable doubts as to his impartiality or independence; or
(b) ааааааааа he does not possess the
qualifications agreed to by the parties.
(4) A party who has appointed or participated in the
appointment of any arbitrator may challenge such arbitrator only if he becomes
aware of any of the grounds of challenge set out in subsection (3) as may be
applicable to the arbitrator after the arнbitrator has been appointed.
15. Ч(1)
Subject to subsection (3), the parties are free to agree on a
procedure for challenging an arbitrator.
(2) If the parties have not agreed on a procedure for
challenge, a party who intends to challenge an arbitrator shall Ч
(a) ааааааааааааааа within 15 days after becoming
aware of the constitution of the arbitral triнbunal; or
(b) ааааааааа after becoming aware of any
circumstance referred to in section 14(3),
send a written statement of
the grounds for the challenge to the arbitral tribunal.
(3) The arbitral tribunal shall, unless the challenged
arbitrator withdraws from his office or the other party agrees to the
challenge, decide on the challenge.
(4) If a challenge before the arbitral tribunal is
unsuccessful, the aggrieved party may, within 30 days after receiving notice of
the decision rejecting the challenge, apply to the Court to decide on the
challenge and the Court may make such order as it thinks fit.
(5) No appeal shall lie against the decision of the Court
under subsection (4).
(6) While an application to the Court under subsection (4)
is pending, the arbitral tribunal, including the challenged arbitrator, may
continue the arbitration proceedнings and make an award.
16. Ч(1) A
party may request the Court to remove an arbitrator Ч
(a) ааааааааа who is physically or mentally
incapable of conducting the proceedings or where there are justifiable doubts
as to his capacity to do so; or
(b) ааааааааа who has refused or failed Ч
(i) to properly
conduct the proceedings; or
(ii) to use all
reasonable despatch in conducting the proceedings or makнing an award,
and where substantial injustice has been or will be caused to that party.
(2) If there is an arbitral or other institution or person
vested by the parties with power to remove an arbitrator, the Court shall not
exercise its power of removal unнless it is satisfied that the applicant has
first exhausted any available recourse to that institution or person.
(3) While an application to the Court under this section is
pending, the arbitral triнbunal, including the arbitrator concerned may
continue the arbitration proceedings and make an award.
(4) Where the Court removes an arbitrator, the Court may
make such order as it thinks fit with respect to his entitlement, if any, to
fees or expenses, or the repayment of any fees or expenses already paid.
(5) The arbitrator concerned is entitled to appear and be
heard by the Court before it makes any order under this section.
(6) No appeal shall lie against the decision of the Court
made under subsection (4).
17. Ч(1)
The authority of an arbitrator shall cease upon his death.
(2) An arbitrator shall cease to hold office if Ч
(a) ааааа he withdraws from office under section 15 (3);
(b) ааааа an order is made under section 15 (4) for the
termination of his mandate or his removal;
(c) аааааа he is removed by the Court under section 16 or by an
institution referred to in section 16 (2); or
(d) ааааа the parties agree on the termination of his mandate.
(3) The withdrawal of an arbitrator or the termination of an
arbitratorТs mandate by the parties shall not imply acceptance of the validity
of any ground referred to in section 14 (3) or 16 (1).
18. Ч(1)
Where an arbitrator ceases to hold office, the parties are free to
agree Ч
(a) ааааааааааа whether and if so how the vacancy is to be filled;
(b) ааааааааааа whether and if so to what extent the previous
proceedings should stand; and
(c) аааааа what effect (if any) his ceasing to hold office has on
any appointment made by him (alone or jointly).
(2) If or to the extent that there is no such agreement, the
following subsections shall apply.
(3) Section 13 (appointment of arbitrators) shall apply in
relation to the filling of the vacancy as in relation to an original
appointment.
(4) The arbitral tribunal (when reconstituted) shall
determine whether and if so to what extent the previous proceedings should
stand.
(5) The reconstitution of the arbitral tribunal shall not
affect any right of a party to challenge the previous proceedings on any ground
which had arisen before the arнbitrator ceased to hold office.
(6) The ceasing to hold office by the arbitrator shall not
affect any appointment by him (alone or jointly) of another arbitrator, in
particular any appointment of a preнsiding arbitrator.
19. Ч(1) In
arbitration proceedings with more than one arbitrator, any decision of the
arbitral tribunal shall be made, unless otherwise agreed by the parties, by all
or a majority of all its members.
(2) Any question of procedure may be decided by a presiding
arbitrator if so authorised by the parties or all members of the arbitral
tribunal.
20. An arbitrator
shall not be liable for Ч
(a) ааааааааааа negligence in respect of anything done or omitted to
be done in the capacity of the arbitrator; or
(b) ааааа any mistake of law, fact or procedure made in the
course of arbitration proнceedings or in the making of an arbitral award.
21. Ч(1)
The arbitral tribunal may rule on its own jurisdiction, including
any obнjections to the existence or validity of the arbitration agreement.
(2) For the purpose of subsection (1), an arbitration clause
which forms part of a contract shall be treated as an agreement independent of
the other terms of the conнtract.
(3) A decision by the arbitral tribunal that the contract is
null and void shall not entail ipso jure (as a matter of law) the invalidity of
the arbitration clause.
(4) A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the submission of the statement of
defence.
(5) A party shall not be precluded from raising the plea
that the arbitral tribunal does not have jurisdiction by the fact that he has
appointed, or participated in the apнpointment of, an arbitrator.
(6) A plea that the arbitral tribunal is exceeding the scope
of its authority shall be raised as soon as the matter alleged to be beyond the
scope of its authority is raised during the arbitration proceedings.
(7) Notwithstanding any delay in raising a plea referred to
in subsection (4) or (6), the arbitral tribunal may admit such plea if it
considers the delay to be justified in the circumstances.
(8) The arbitral tribunal may rule on a plea referred to in
this section either as a preliminary question or in an award on the merits.
(9) If the arbitral tribunal rules on a plea as a
preliminary question that it has juнrisdiction, any party may, within 30 days
after having received notice of that ruling, apply to the Court to decide the
matter.
(10) The leave of the Court is required for any appeal from
a decision of the Court under this section.
(11) While an application under subsection (9) is pending,
the arbitral tribunal may continue the arbitration proceedings and make an
award.
22. The arbitral
tribunal shall act fairly and impartially and shall give each party a
reasonable opportunity of presenting his case.
23. Ч(1)
Subject to the provisions of this Act, the parties are free to
agree on the procedure to be followed by the arbitral tribunal in conducting
the proceedings.
(2) Failing such agreement, the arbitral tribunal may,
subject to the provisions of this Act, conduct the arbitration in such manner
as it considers appropriate.
(3) The power conferred on the arbitral tribunal under
subsection (2) includes the power to determine the admissibility, relevance,
materiality and weight of any eviнdence.
24. Ч(1)
Within the period of time agreed by the parties or, failing such
agreeнment, as determined by the arbitral tribunal, the claimant shall state Ч
(a) ааааа the facts supporting his claim;
(b) ааааа the points at issue; and
(c) аааааа the relief or remedy sought,
and the respondent shall
state his defence in respect of the particulars set out in this subsection, unless
the parties have otherwise agreed to the required elements of such statements.
(2) The parties may submit to the arbitral tribunal with
their statements, all docuнments they consider to be relevant or other
documents which refer to such docuнments, or other evidence.
(3) Except as otherwise agreed by the parties, either party
may amend or suppleнment his claim or defence during the course of the
arbitration proceedings, unless the arbitral tribunal considers it
inappropriate to allow such amendment, having reнgard to the delay in making
the amendment.
25. Ч(1)
Subject to any contrary agreement by the parties, the arbitral
tribunal shall determine if proceedings are to be conducted by oral hearing for
the presentaнtion of evidence or oral argument or on the basis of documents and
other materials.
(2) Unless the parties have agreed that no hearings shall be
held, the arbitral triнbunal shall, upon the request of a party, hold such
hearings at an appropriate stage of the proceedings.
(3) The parties shall be given sufficient notice in advance
of any hearing and of any meeting of the arbitral tribunal for the purposes of
inspection of goods, other property or documents.
(4) All statements, documents or other information supplied
to the arbitral tribuнnal by one party shall be communicated to the other party.
(5) Any expert report or evidentiary document on which the
arbitral tribunal may rely in making its decision shall be communicated to the
parties.
26. Ч(1)
The parties may agree Ч
(a) ааааааааа that the arbitration
proceedings shall be consolidated with other arbitration proceedings; or
(b) ааааааааа that concurrent hearings
shall be held,
on such terms as may be
agreed.
(2) Unless the parties agree to confer such power on the
arbitral tribunal, the triнbunal has no power to order consolidation of
arbitration proceedings or concurrent hearings.
27. Ч(1)
Unless otherwise agreed by the parties, the arbitral tribunal may Ч
(a) ааааааааааааааа appoint one or more experts
to report to it on specific issues to be deterнmined by the tribunal; and
(b) ааааааааааааааа require a party to give the
expert any relevant information or to produce, or to provide access to, any
relevant documents, goods or other property for his inspection.
(2) Unless otherwise agreed by the parties, if a party so
requests or if the arbitral tribunal considers it necessary, the expert shall,
after delivery of his written or oral report, participate in a hearing where
the parties have the opportunity to put quesнtions to him and to present other
expert witnesses in order to testify on the points at issue.
28. Ч(1)
The parties may agree on the powers which may be exercised by the
arнbitral tribunal for the purposes of and in relation to the arbitration
proceedings.
(2) Without prejudice to the powers conferred on the
arbitral tribunal by the parнties under subsection (1), the tribunal shall have
powers to make orders or give diнrections to any party for Ч
(a) ааааааааааааааа security for costs;
(b) ааааааааааааааа discovery of documents and
interrogatories;
(c) ааааааааааааааа giving of evidence by
affidavit;
(d) ааааааааа a party or witness to be examined
on oath or affirmation, and may for that purpose administer any necessary oath
or take any necessary affirmation;
(e) ааааааааа the preservation and interim
custody of any evidence for the purposes of the proceedings;
(f) ааааааааааааааа samples to be taken from, or
any observation to be made of or experiment conducted upon, any property which
is or forms part of the subject-matter of the dispute; and
(g) ааааааааа the preservation, interim
custody or sale of any property which is or forms part of the subject-matter of
the dispute.
(3) The power of the arbitral tribunal to order a claimant
to provide security for costs as referred to in subsection (2)(a) shall not be exercised by reason only
that the claimant is Ч
(a) ааааааааа an individual ordinarily
resident outside Singapore; or
(b) ааааааааа a corporation or an
association incorporated or formed under the law of a country outside
Singapore, or whose central management and control is exнercised outside
Singapore.
(4) All orders or directions made or given by an arbitral
tribunal in the course of an arbitration shall, by leave of the Court, be
enforceable in the same manner as if they were orders made by the Court and,
where leave is so given, judgment may be entered in terms of the order or
direction.
29. Ч(1)
The parties may agree on the powers which may be exercised by the
arнbitral tribunal in the case of a partyТs failure to take any necessary
action for the proper and expeditious conduct of the proceedings.
(2) Unless otherwise agreed by the parties, if, without
showing sufficient cause Ч
(a) ааааааааа the claimant fails to
communicate his statement of claim in accordance with section 24, the arbitral
tribunal may terminate the proceedings;
(b) ааааааааа the respondent fails to
communicate his statement of defence in accordance with section 24, the
arbitral tribunal may continue the proceedings without treating such failure in
itself as an admission of the claimantТs allegations; and
(c) ааааааааа any party fails to appear at
a hearing or to produce documentary evidence, the arbitral tribunal may
continue the proceedings and make the award on the evidence before it.
(3) If the arbitral tribunal is satisfied that there has
been inordinate and inexcusнable delay on the part of the claimant in pursuing
his claim, and the delay Ч
(a) ааааааааааааааа gives rise, or is likely to
give rise, to a substantial risk that it is not possible to have a fair
resolution of the issues in that claim; or
(b) ааааааааа has caused, or is likely to
cause, serious prejudice to the respondent,
the tribunal may make an
award dismissing the claim.
30. Ч(1)
Any party to an arbitration agreement may take out a writ of
subpoena ad testificandum (writ to compel witness to attend and give evidence)
or a writ of subpoena duces tecum (writ to compel witness to attend and give
evidence and proнduce specified documents).
(2) The Court may order that a writ of subpoena ad
testificandum or a writ of subнpoena duces tecum shall be issued to compel the
attendance before an arbitral tribuнnal of a witness wherever he may be within
Singapore.
(3) The Court may also issue an order under section 38 of
the Prisons Act (Cap. 247) to bring up a prisoner for examination before an
arbitral tribunal.
(4) No person shall be compelled under any such writ to
produce any document which he could not be compelled to produce on the trial of
an action.
31. Ч(1)
The Court shall have the following powers for the purpose of and in
reнlation to an arbitration to which this Act applies:
(a) the same power
to make orders in respect of any of the matters set out in section 28 as it has
for the purpose of and in relation to an action or matter in the Court;
(b) securing the
amount in dispute;
(c) ensuring that
any award which may be made in the arbitral proceedнings is not rendered
ineffectual by the dissipation of assets by a party; and
(d) an interim
injunction or any other interim measure.
(2) An order of the Court under this section shall cease to
have effect in whole or in part if the arbitral tribunal or any such arbitral
or other institution or person having power to act in relation to the
subject-matter of the order makes an order to which the order of the Court
relates.
(3) The Court, in exercising any power under this section,
shall have regard to Ч
(a) ааааа any application made before the arbitral tribunal; or
(b) ааааа any order made by the arbitral tribunal,
in respect of the same issue.
(4) Provision may be made by Rules of Court for conferring
on the Registrar of the Supreme Court (within the meaning of the Supreme Court
of Judicature Act (Cap. 322)) or other officer of the Court all or any of the
jurisdiction conferred by this Act on the Court.
32. Ч(1)
The arbitral tribunal shall decide the dispute in accordance with
the law chosen by the parties as applicable to the substance of the dispute.
(2) If or to the extent that the parties have not chosen the
law applicable to the substance of their dispute, the arbitral tribunal shall
apply the law determined by the conflict of laws rules.
(3) The arbitral tribunal may decide the dispute, if the
parties so agree, in accorнdance with such other considerations as are agreed
by them or determined by the triнbunal.
33. Ч(1)
Unless otherwise agreed by the parties, the arbitral tribunal may
make more than one award at different points in time during the proceedings on
different aspects of the matters to be determined.
(2) The arbitral tribunal may, in particular, make an award
relating to Ч
(a) ааааааааа an issue affecting the whole
claim; or
(b) ааааааааа a part only of the claim,
counter-claim or cross-claim, which is submitted to the tribunal for decision.
(3) If the arbitral tribunal makes an award under this
section, it shall specify in its award, the issue, or claim or part of a claim,
which is the subject-matter of the award.
34. Ч(1) The
parties may agree on the powers exercisable by the arbitral tribunal as regards
remedies.
(2) Unless otherwise agreed by the parties, the arbitral
tribunal may award any remedy or relief that could have been ordered by the
Court if the dispute had been the subject of civil proceedings in that Court.
35. Ч(1)
The arbitral tribunal may award interest, including interest on a
comнpound basis, on the whole or any part of any sum that Ч
(a) ааааааааа is awarded to any party; or
(b) ааааааааа is in issue in the arbitral
proceedings but is paid before the date of the award,
for the whole or any part of
the period up to the date of the award or payment, whichever is applicable.
(2) A sum directed to be paid by an award shall, unless the
award otherwise diнrects, carry interest as from the date of the award and at
the same rate as a judgment debt.
36. Ч(1)
Where the time for making an award is limited by the arbitration
agreeнment, the Court may by order, unless otherwise agreed by the parties,
extend that time.
(2) An application for an order under this section may be
made Ч
(a) ааааааааааааааа upon notice to the parties,
by the arbitral tribunal; or
(b) ааааааааааааааа upon notice to the arbitral
tribunal and the other parties, by any party to the proceedings.
(3) An application under this section shall not be made
unless all available tribuнnal processes for application of extension of time
have been exhausted.
(4) The Court shall not make an order under this section
unless it is satisfied that substantial injustice would otherwise be done.
(5) The Court may extend the time for such period and on
such terms as it thinks fit, and may do so whether or not the time previously
fixed by or under the arbitraнtion agreement or by a previous order has expired.
(6) The leave of the Court shall be required for any appeal
from a decision of the Court under this section.
37. Ч(1)
If, during arbitration proceedings, the parties settle the dispute,
the arнbitral tribunal shall terminate the proceedings and, if requested by the
parties and not objected to by the arbitral tribunal, record the settlement in
the form of an arbitral award on agreed terms.
(2) An arbitral award on agreed terms Ч
(a) ааааааааа shall be made in accordance
with section 38;
(b) ааааааааа shall state that it is an
award; and
(c) ааааааааа shall have the same status
and effect as any other award on the merits of the case.
(3) An award on agreed terms may, with the leave of the
Court, be enforced in the same manner as a judgment or order to the same
effect, and where leave is so given, judgment may be entered in terms of the
award.
38. Ч(1)
The award shall be made in writing and shall be
signed Ч
(a) ааааааааа in the case of a single arbitrator,
by the arbitrator himself; or
(b) ааааааааа in the case of 2 or more
arbitrators, by all the arbitrators or the majority of the arbitrators provided
that the reason for any omitted signature of any arнbitrator is stated.
(2) The award shall state the reasons upon which it is
based, unless the parties have agreed that no grounds are to be stated or the
award is an award on agreed terms under section 37.
(3) The date of the award and place of arbitration shall be
stated in the award.
(4) The award shall be deemed to have been made at the place
of arbitration.
(5) After the award is made, a copy of the award signed by
the arbitrators in acнcordance with subsection (1) shall be delivered to each
party.
39. Ч(1)
Any costs directed by an award to be paid shall, unless the award
othнerwise directs, be taxed by the Registrar of the Supreme Court within the
meaning of the Supreme Court of Judicature Act (Cap. 322).
(2) Subject to subsection (3), any provision in an
arbitration agreement to the efнfect that the parties or any party shall in any
event pay their or his own costs of the reference or award or any part thereof
shall be void; and this Act shall, in the case of an arbitration agreement
containing any such provision, have effect as if there were no such provision.
(3) Subsection (2) shall not apply where a provision in an
arbitration agreement to the effect that the parties or any party shall in any
event pay their or his own costs is part of an agreement to submit to
arbitration a dispute which has arisen before the making of such agreement.
(4) If no provision is made by an award with respect to the
costs of the reference, any party to the reference may, within 14 days of the
delivery of the award or such further time as the arbitral tribunal may allow,
apply to the arbitral tribunal for an order directing by and to whom such costs
shall be paid.
(5) The arbitral tribunal shall, after giving the parties a
reasonable opportunity to be heard, amend its award by adding thereto such
directions as it thinks fit with reнspect to the payment of the costs of the
reference.
40. Ч(1)
The parties are jointly and severally liable to pay to the
arbitrators such reasonable fees and expenses as are appropriate in the
circumstances.
(2) Unless the fees of the arbitral tribunal have been fixed
by written agreement or such agreement has provided for determination of the
fees by a person or instituнtion agreed to by the parties, any party to the
arbitration may require that such fees be taxed by the Registrar of the Supreme
Court within the meaning of the Supreme Court of Judicature Act (Cap. 322).
41. Ч(1)
The arbitral tribunal may refuse to deliver an award to the parties
if the parties have not made full payment of the fees and expenses of the
arbitrators.
(2) Where subsection (1) applies, a party to the arbitration
proceedings may, upon notice to the other parties and the arbitral tribunal,
apply to the Court, which may order that Ч
(a) ааааааааа the arbitral tribunal shall
deliver the award upon payment into Court by the applicant of the fees and
expenses demanded, or such lesser amount as the Court may specify;
(b) ааааааааа the amount of the fees and
expenses demanded shall be taxed by the Regнistrar of the Supreme Court; and
(c) ааааааааа out of the money paid into
Court, the arbitral tribunal shall be paid such fees and expenses as may be
found to be properly payable and the balance of such money (if any) shall be
paid out to the applicant.
(3) A taxation of fees under this section shall be reviewed
in the same manner as a taxation of costs.
(4) The arbitrator shall be entitled to appear and be heard
on any taxation or reнview of taxation under this section.
(5) For the purpose of this section, the amount of fees and
expenses properly payнable is the amount the applicant is liable to pay under
section 40 or under any agreeнment relating to the payment of fees and expenses
of the arbitrators.
(6) No application to the Court may be made unless the Court
is satisfied that the applicant has first exhausted any available arbitral
process for appeal or review of the amount of the fees or expenses demanded by
the arbitrators.
(7) This section shall apply to any arbitral or other
institution or person vested with powers by the parties in relation to the
delivery of the award by the tribunal and any reference to the fees and
expenses of the arbitrators shall be construed as includнing the fees and
expenses of that institution or person.
(8) The leave of the Court shall be required for any appeal
from a decision of the Court under this section.
42. Section 117 of the
Legal Profession Act (Cap. 161) (which empowers a Court in which a solicitor
has been employed in any proceeding to charge property recovнered or preserved
in the proceeding with the payment of his costs) shall apply as if an
arbitration were a proceeding in the Court, and the Court may make declarations
and orders accordingly.
43. Ч(1) A
party may, within 30 days of the receipt of the award, unless another period of
time has been agreed upon by the
parties Ч
(a) ааааааааааааааа upon notice to the other
parties, request the arbitral tribunal to correct in the award any error in
computation, any clerical or typographical error, or othнer error of similar
nature; and
(b) ааааааааааааааа upon notice to the other parties,
request the arbitral tribunal to give an inнterpretation of a specific point or
part of the award, if such request is also agreed to by the other parties.
(2) If the arbitral tribunal considers the request in
subsection (1) to be justified, the tribunal shall make such correction or give
such interpretation within 30 days of the receipt of the request and such
interpretation shall form part of the award.
(3) The arbitral tribunal may correct any error of the type
referred to in subsection (1)(a) or
give an interpretation referred to in subsection (1)(b), on its own initiative, within 30 days of the date of the award.
(4) Unless otherwise agreed by the parties, a party may,
within 30 days of receipt of the award and upon notice to the other party,
request the arbitral tribunal to make an additional award as to claims
presented during the arbitration proceedings but omitted from the award.
(5) If the arbitral tribunal considers the request in
subsection (4) to be justified, the tribunal shall make the additional award
within 60 days of the receipt of such reнquest.
(6) The arbitral tribunal may, if necessary, extend the
period of time within which it shall make a correction, interpretation or an
additional award under this section.
(7) Section 38 shall apply to an award in respect of which a correction
or interpreнtation has been made under this section and to an additional award.
44. Ч(1) An
award made by the arbitral tribunal pursuant to an arbitration agreeнment shall
be final and binding on the parties and on any person claiming through or under
them and may be relied upon by any of the parties by way of defence, set-off or
otherwise in any proceedings in any court of competent jurisdiction.
(2) Except as provided in section 43, upon an award being
made, including an award made in accordance with section 33, the arbitral
tribunal shall not vary, amend, correct, review, add to or revoke the award.
(3) For the purposes of subsection (2), an award is made
when it has been signed and delivered in accordance with section 38.
(4) This section shall not affect the right of a person to
challenge the award by any available arbitral process of appeal or review or in
accordance with the provisions of this Act.а
45. Ч(1)
Unless otherwise agreed by the parties, the Court may, on the
applicaнtion of a party to the arbitration proceedings who has given notice to
the other parнties, determine any question of law arising in the course of the
proceedings which the Court is satisfied substantially affects the rights of
one or more of the parties.
(2) The Court shall not consider an application under this
section unless Ч
(a) ааааааааа it is made with the agreement
of all parties to the proceedings; or
(b) ааааааааа it is made with the
permission of the arbitral tribunal and the Court is satнisfied that Ч
(i) the
determination of the question is likely to produce substantial savнings in
costs; and
(ii) the
application is made without delay.
(3) The application shall identify the question of law to be
determined and, except where made with the agreement of all parties to the
proceedings, shall state the grounds on which it is said that the question
should be decided by the Court.
(4) Unless otherwise agreed by the parties, the arbitral
tribunal may continue the arbitral proceedings and make an award while an
application to the Court under this section is pending.
(5) Except with the leave of the Court, no appeal shall lie
from a decision of the Court on whether the conditions in subsection (2) are
met.
(6) The decision of the Court on a question of law shall be
a judgment of the Court for the purposes of an appeal to the Court of Appeal.
(7) The Court may give leave to appeal against the decision
of the Court in subнsection (6) only if the question of law before it is one of
general importance, or is one which for some other special reason should be
considered by the Court of Apнpeal.
46. Ч(1) An
award made by the arbitral tribunal pursuant to an arbitration agreeнment may,
with leave of the Court, be enforced in the same manner as a judgment or order
of the Court to the same effect.
(2) Where leave of the Court is so granted, judgment may be
entered in the terms of the award.
47. The Court shall
not have jurisdiction to confirm, vary, set aside or remit an award on an
arbitration agreement except where so provided in this Act.
48. Ч(1) An
award may be set aside by the Court Ч
(a) ааааа if the party who applies to
the Court to set aside the award proves to the satisfaction of the Court that Ч
(i) a party to the
arbitration agreement was under some incapacity;
(ii) the
arbitration agreement is not valid under the law to which the parнties have
subjected it, or failing any indication thereon, under the laws of Singapore;
(iii) the party making
the application was not given proper notice of the apнpointment of an
arbitrator or of the arbitration proceedings or was othнerwise unable to
present his case;
(iv) the award
deals with a dispute not contemplated by or not falling withнin the terms of
the submission to arbitration, or contains decisions on matters beyond the
scope of the submission to arbitration, except that, if the decisions on
matters submitted to arbitration can be separated from those not so submitted,
only that part of the award which conнtains decisions on matters not submitted
to arbitration may be set aside;
(v) the
composition of the arbitral tribunal or the arbitral procedure is not in
accordance with the agreement of the parties, unless such agreeнment is
contrary to any provisions of this Act from which the parties cannot derogate,
or, in the absence of such agreement, is contrary to the provisions of this Act;
(vi) the making of
the award was induced or affected by fraud or corrupнtion;
(vii) 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 prejнudiced; or
(b) ааааа if the Court finds that Ч
(i) the
subject-matter of the dispute is not capable of settlement by arbiнtration
under this Act; or
(ii) the award is
contrary to public policy.
(2) An application for setting aside an award may not be
made after the expiry of 3 months from the date on which the party making the
application had received the award, or if a request has been made under section
43, from the date on which that request had been disposed of by the arbitral
tribunal.
(3) When a party applies to the Court to set aside an award
under this section, the Court may, where appropriate and so requested by a
party, suspend the proceedings for setting aside an award, for such period of
time as it may determine, to allow the arbitral tribunal to resume the
arbitration proceedings or take such other action as may eliminate the grounds
for setting aside an award.
49. Ч(1) A
party to arbitration proceedings may (upon notice to the other parties and to
the arbitral tribunal) appeal to the Court on a question of law arising out of
an award made in the proceedings.
(2) Notwithstanding subsection (1), the parties may agree to
exclude the jurisdicнtion of the Court under this section and an agreement to
dispense with reasons for the arbitral tribunalТs award shall be treated as an
agreement to exclude the jurisdicнtion of the Court under this section.
(3) An appeal shall not be brought under this section except
Ч
(a) ааааа with the agreement of all the other parties to the
proceedings; or
(b) ааааа with the leave of the Court.
(4) The right to appeal under this section shall be subject
to the restrictions in secнtion 50.
(5) Leave to appeal shall be given only if the Court is
satisfied that Ч
(a) ааааа the determination of the question will substantially
affect the rights of one or more of the parties;
(b) ааааа the question is one which the arbitral tribunal was
asked to determine;
(c) аааааа on the basis of the findings of fact in the award Ч
(i) the decision
of the arbitral tribunal on the question is obviously wrong; or
(ii) the question
is one of general public importance and the decision of the arbitral tribunal
is at least open to serious doubt; andа
(d) ааааааааааа despite the agreement of the parties to resolve the
matter by arbitration, it is just and proper in all the circumstances for the
Court to determine the question.
(6) An application for leave to appeal under this section
shall identify the question of law to be determined and state the grounds on
which it is alleged that leave to apнpeal should be granted.
(7) The leave of the Court shall be required for any appeal
from a decision of the Court under this section to grant or refuse leave to
appeal.
(8) On an appeal under this section, the Court may by order Ч
(a) ааааааааааа confirm the award;
(b) ааааа vary the award;
(c) аааааа remit the award to the arbitral tribunal, in whole or
in part, for reconsiderнation in the light of the CourtТs determination; or
(d) ааааа set aside the award in whole or in part.
(9) The Court shall not exercise its power to set aside an
award, in whole or in part, unless it is satisfied that it would be
inappropriate to remit the matters in quesнtion to the arbitral tribunal for
reconsideration.
(10) The decision of the Court on an appeal under this
section shall be treated as a judgment of the Court for the purposes of an
appeal to the Court of Appeal.
(11) The Court may give leave to appeal against the decision
of the Court in subнsection (10) only if the question of law before it is one
of general importance, or one which for some other special reason should be
considered by the Court of Appeal.
50. Ч(1)
This section shall apply to an application or appeal under section 45,48
or 49.
(2) An application or appeal may not be brought if the
applicant or appellant has not first exhausted Ч
(a) ааааа any available arbitral process of appeal or review; and
(b) ааааа any available recourse under section 43 (correction or
interpretation of award and additional award).
(3) Any application or appeal shall be brought within 28
days of the date of the award or, if there has been any arbitral process of
appeal or review, of the date when the applicant or appellant was notified of
the result of that process.
(4) If on an application or appeal it appears to the Court
that the award Ч
(a) ааааа does not contain the arbitral tribunalТs reasons; or
(b) ааааа does not set out the arbitral tribunalТs reasons in
sufficient detail to enable the Court to properly consider the application or
appeal,
the Court may order the
arbitral tribunal to state the reasons for its award in suffiнcient detail for
that purpose.
(5) Where the Court makes an order under subsection (4), it
may make such furнther order as it thinks fit with respect to any additional
costs of the arbitration resultнing from its order.
(6) The Court may order the applicant or appellant to
provide security for the costs of the application or appeal, and may direct
that the application or appeal be dismissed if the order is not complied with.
(7) The power to order security for costs shall not be
exercised by reason only that the applicant or appellant is Ч
(a) ааааааааа an individual ordinarily
resident outside Singapore; or
(b) ааааааааа a corporation or association incorporated
or formed under the law of a country outside Singapore or whose central
management and control is exнercised outside Singapore.
(8) The Court may order that any money payable under the
award shall be brought into Court or otherwise secured pending the
determination of the application or apнpeal, and may direct that the
application or appeal be dismissed if the order is not complied with.
(9) The Court may grant leave to appeal subject to
conditions to the same or simнilar effect as an order under subsection (6) or
(8) and this shall not affect the general discretion of the Court to grant
leave subject to conditions.
51. Ч(1)
Where the Court makes an order under section 45, 48 or 49
with respect to an award, subsections (2), (3) and (4) shall apply.
(2) Where the award is varied by the Court, the variation
shall have effect as part of the arbitral tribunalТs award.
(3) Where the award is remitted to the arbitral tribunal, in
whole or in part, for reconsideration, the tribunal shall make a fresh award in
respect of the matters reнmitted within 3 months of the date of the order for
remission or such longer or shortнer period as the Court may direct.
(4) Where the award is set aside or declared to be of no
effect, in whole or in part, the Court may also order that any provision that
an award is a condition precedent to the bringing of legal proceedings in
respect of a matter to which the arbitration agreement applies, shall be of no
effect as regards the subject-matter of the award or, as the case may be, the
relevant part of the award.
52. Ч(1) An
application for the leave of the Court to appeal or make an applicaнtion
referred to in section 21 (10), 36 (6) or 49 (3) (b) or (76) shall be made in such manner as may be prescribed
in the Rules of Court.
(2) The Court shall determine an application for leave to
appeal without a hearing unless it appears to the Court that a hearing is
required.
(3) For the purposes of this section Ч
(a) ааааааааа an application for leave of
the Court may be heard and determined by a Judge in Chambers; and
(b) ааааааааа the Court of Appeal shall
have the like powers and jurisdiction on the hearнing of such applications as
the High Court or any Judge in Chambers has on the hearing of such applications.
53. Ч(1)
References in this Act to an application, appeal or other step in
relation to legal proceedings being taken upon notice to the other parties to
the arbitration proceedings, or to the arbitral tribunal, are references to
such notice of the originatнing process as is required by the Rules of Court.
(2) Subject to any provision made by Rules of Court, a
requirement to give notice to the arbitral tribunal of legal proceedings shall
be construed Ч
(a) ааааааааа if there is more than one
arbitrator, as a requirement to give notice to each of them; and
(b) ааааааааа if the arbitral tribunal is
not fully constituted, as a requirement to give noнtice to any arbitrator who
has been appointed.
(3) References in this Act to making an application or
appeal to the Court within a specified period are references to the issue
within that period of the appropriate originating process in accordance with
the Rules of Court.
(4) Where any provision of this Act requires an application
or appeal to be made to the Court within a specified time, the Rules of Court
relating to the reckoning of periods, the extending or abridging of periods,
and the consequences of not taking a step within the period prescribed by the
Rules, shall apply in relation to that requireнment.
(5) Provision may be made by Rules of Court amending the
provisions of this Act Ч
(a) ааааааааа with respect to the time
within which any application or appeal to the Court must be made;
(b) ааааааааа so as to keep any provision
made by this Act in relation to arbitral proceedнings in step with the corresponding
provision of the Rules of Court applyнing in relation to proceedings in the
Court; or
(c) ааааааааа so as to keep any provision
made by this Act in relation to legal proceedнings in step with the
corresponding provisionа of the Rules of
Court applyнing generally in relation to proceedings in the Court.
(6) Nothing in this section shall affect the generality of
the power of the Rules Committee to make Rules of Court.
54. Provision may be
made by Rules of Court for conferring on the Registrar of the Supreme Court or
other officer of the Court all or any of the jurisdiction conнferred by this
Act on the Court.
55. The Rules
Committee constituted under section 80 of the Supreme Court of Judicature Act
(Cap. 322) may make Rules of Court regulating the practice and proнcedure of
any court in respect of any matter under this Act.
56. Proceedings under
this Act in any court shall, on the application of any party to the
proceedings, be heard otherwise than in open court.
57. Ч(1)
This section shall apply to proceedings under this Act in any court
heard otherwise than in open court.
(2) A court hearing any proceedings to which this section
applies shall, on the apнplication of any party to the proceedings, give
directions as to whether any and, if so, what information relating to the
proceedings may be published.
(3) A court shall not give a direction under subsection (2)
permitting information to be published unless Ч
(a) ааааааааа all parties to the
proceedings agree that such information may be pubнlished; or
(b) ааааааааа the court is satisfied that
the information, if published in accordance with such directions as it may
give, would not reveal any matter, including the identity of any party to the
proceedings, that any party to the proceedings reasonably wishes to remain
confidential.
(4) Notwithstanding subsection (3), where a court gives
grounds of decision for a judgment in respect of proceedings to which this
section applies and considers that judgment to be of major legal interest, the
court shall direct that reports of the judgнment may be published in law
reports and professional publications but, if any party to the proceedings
reasonably wishes to conceal any matter, including the fact that he was such a
party, the court shall Ч
(a) ааааааааа give directions as to the
action that shall be taken to conceal that matter in those reports; and
(b) ааааааааа if it considers that a report
published in accordance with directions given under paragraph (a) would be likely to reveal that
matter, direct that no reнport shall be published until after the end of such
period, not exceeding 10 years, as it considers appropriate.
58. This Act shall
apply in relation to every arbitration under any other written law (other than
the International Arbitration Act (Cap. 143A)), as if the arbitration were commenced
pursuant to an arbitration agreement, except in so far as this Act is
inconsistent with that other written law.
59. Ч(1)
The appointing authority, or an arbitral or other institution or
person designated or requested by the parties to appoint or nominate an
arbitrator, shall not be liable for anything done or omitted in the discharge
or purported discharge of that function unless the act or omission is shown to
have been in bad faith.
(2) The appointing authority, or an arbitral or other
institution or person by whom an arbitrator is appointed or nominated, shall
not be liable, by reason only of having appointed or nominated him, for
anything done or omitted by the arbitrator, his emнployees or agents in the discharge
or purported discharge of his functions as arbitraнtor.
(3) This section shall apply to an employee or agent of the
appointing authority or of an arbitral or other institution or person as it
applies to the appointing authority, institution or person himself.
60. Ч(1)
The parties are free to agree on the manner of service of any
notice or other document required or authorised to be given or served in
pursuance of the arнbitration agreement or for the purposes of the arbitration
proceedings.
(2) If or to the extent that there is no such agreement as
is referred to in subsection (1), subsections (3) and (4) shall apply.
(3) A notice or other document may be served on a person by
any effective means.
(4) If a notice or other document is addressed, prepaid and
delivered by post Ч
(a) ааааааааа to the addresseeТs usual or
last known place of residence or, if he is or has been carrying on a trade,
profession or business, his usual or last known place of business; or
(b) ааааааааа if the addressee is a body
corporate, to the body corporateТs registered ofнfice,
it shall be treated as
effectively served.
(5) This section shall not apply to the service of documents
for the purposes of legal proceedings, for which provision is made by Rules of
Court.
(6) References in this Part to a notice or other document
include any form of comнmunication in writing and references to giving or
serving a notice or other document shall be construed accordingly.
61. Ч(1)
The parties may agree on the method of reckoning periods of time
for the purposes of Ч
(a) ааааааааа any provision agreed by them;
or
(b) ааааааааа any provision of this Act
having effect in default of such agreement.
(2) If or to the extent that the parties have not agreed on
the method of reckoning time, periods of time shall be reckoned in accordance
with this section.
(3) Where the act is required to be done within a specified
period after or from a specified date, the period shall begin immediately after
that date.
(4) Where an act is required to be done within or not less
than a specified period before a specified date, the period shall end
immediately before that date.
(5) Where the act is required to be done, a specified number
of clear days after a specified date, at least that number of days shall
intervene between the day on which the act is done and that date.
(6) Where the period in question being a period of 7 days or
less would include a Saturday, Sunday or a public holiday, that day shall be
excluded.
62. Ч(1) In
any case where an agreement provides for the appointment of a meнdiator by a
person who is not one of the parties and that person refuses to make the
appointment or does not make the appointment within the time specified in the
agreement or, if no time is so specified, within a reasonable time of being
requested by any party to the agreement to make the appointment, the Chairman
of the Sinнgapore Mediation Centre may, on the application of any party to the
agreement, apнpoint a mediator who shall have the like powers to act in the
mediation proceedings as if he had been appointed in accordance with the terms
of the agreement.
(2) The Chief Justice may, if he thinks fit, by notification
published in the Gazette, appoint any
other person to exercise the powers of the Chairman of the Singapore Mediation
Centre under subsection (1).
(3) Where an arbitration agreement provides for the
appointment of a mediator and further provides that the person so appointed
shall act as an arbitrator in the event of the mediation proceedings failing to
produce a settlement acceptable to the parties Ч
(a) ааааааааа no objection shall be taken
to the appointment of such person as an arbitraнtor, or to his conduct of the
arbitral proceedings, solely on the ground that he had acted previously as a
mediator in connection with some or all of the matters referred to arbitration;
and
(b) ааааааааа if such person declines to
act as an arbitrator, any other person appointed as an arbitrator shall not be
required first to act as a mediator unless a conнtrary intention appears in the
arbitration agreement.
(4) Unless a contrary intention appears therein, an
agreement which provides for the appointment of a mediator shall be deemed to
contain a provision that in the event of the mediation proceedings failing to
produce a settlement acceptable to the parties within 4 months, or such longer
period as the parties may agree to, of the date of the appointment of the
mediator or, where he is appointed by name in the agreeнment, of the receipt by
him of written notification of the existence of a dispute, the mediation
proceedings shall thereupon terminate.
63. Ч(1) If
all parties to any arbitral proceedings consent in writing and for so long as
no party has withdrawn his consent in writing, an arbitrator may act as a meнdiator.
(2) An arbitrator acting as a mediator Ч
(a) ааааааааа may communicate with the
parties to the arbitral proceedings collectively or separately; and
(b) ааааааааа shall treat information
obtained by him from a party to the arbitration proнceedings as confidential,
unless that party otherwise agrees or unless subнsection (3) applies.
(3) Where confidential information is obtained by an
arbitrator from a party to the arbitration proceedings during mediation
proceedings and those proceedings termiнnate without the parties reaching
agreement in settlement of their dispute, the arbiнtrator shall before resuming
the arbitration proceedings disclose to all other parties to the arbitration
proceedings as much of that information as he considers material to the
arbitration proceedings.
(4) No objection shall be taken to the conduct of
arbitration proceedings by a perнson solely on the ground that that person had
acted previously as a mediator in acнcordance with this section.
(5) For the purposes of this section and section 62 Ч
(a) ааааааааа any reference to a mediator
shall include a reference to any person who acts as a conciliator;
(b) ааааааааа any reference to mediation
proceedings shall include a reference to concilнiation proceedings.
64. This Act shall
bind the Government.
65. Ч(1)
The Arbitration Act (Cap. 10) is repealed.
(12) This Act shall apply to arbitration proceedings
commenced on or after 1st March 2002 the apнpointed day
but the parties may in writing agree that this Act shall apply to arbitraнtion
proceedings commenced before 1st March 2002а the appointed day.
(2 3) Notwithstanding subsection (1), where the
arbitration proceedings were comнmenced before 1st March 2002а the appointed day, the law governing
the arbitration agreement and the arbitration shall be the law which would have
applied if this Act had not been enacted.
(3 4) Where an arbitration agreement made or entered
into before 1st March 2002а
the appointed day provides for the appointment of an umpire or an
arbitral tribunal comprising 2 arbiнtrators, the law to the extent that it
governs the appointment, role and function of the umpire shall be the law which
would have applied if this Act had not been enacted.
(4 5) For the purposes of this section, arbitration
proceedings are to be taken as havнing commenced on the date of the receipt by
the respondent of a request for the disнpute to be referred to arbitration, or,
where the parties have agreed in writing that any other date is to be taken as
the date of commencement of the arbitration proceedнings, then on that date.
(5 6) For the purposes of this section, Уappointed dayФ
means the date of comнmencement of this Act.
66. The Bankruptcy Act
(Cap. 20) is amended by inserting, immediately after secнtion 148, the
following section:
148A. Ч(1)
This section shall apply where a bankrupt had become party to a
contract containing an arbitration agreement before the commencement of his
bankruptcy.
(2) If the Official Assignee adopts the contract, the
arbitration agreement shall be enforceable by or against the Official Assignee
in relation to matters arising from or connected with the contract.
(3) If the Official Assignee does not adopt the contract and
a matter to which the arbitration agreement applies requires to be determined
in connection with or for the purposes of the bankruptcy proceedings Ч
(a) ааааааааааа the Official Assignee; or
(b) ааааааааааа any other party to the
agreement,
may apply to the
court which may, if it thinks fit in all the circumstances of the case, order
that the matter be referred to arbitration in accordance with the arbiнtration
agreement.
(4) In this section, УcourtФ means the court which has
jurisdiction in the bankнruptcy proceedings.
67. Ч(1)
Section 30 of the Limitation Act (Cap. 163) is repealed.
(2) Nothing in
this section shall affect the application of section 30 of the Limitaнtion Act
in respect of arbitration proceedings under the repealed Arbitration Act (Cap.
10) or the International Arbitration Act (Cap. 143A), as the case may be, comнmenced
before the date of commencement of this Act.
Internet Source: http://www.arbiter.net/AA2001-v2.htm
з See section 9 of the Contracts (Rights of Third Parties) Act (Cap. 53B) on third parties who are treated as parties to an arbitration agreement