Short title
1. This Act may be cited as the International Arbitration Act.
Interpretation of Part II
2. —(1) In this Part, unless the context otherwise requires —
"arbitral tribunal" means a sole arbitrator or a
panel of arbitrators or a permanent arbitral institution;
"appointing authority" means the authority
designated under section 8 (2) or (3);
"arbitration agreement" means an agreement in
writing referred to in Article 7 of the Model Law and includes an agreement
deemed or constituted under subsection (3) or (4);
"award" means a decision of the arbitral tribunal
on the substance of the dispute and includes any interim, interlocutory or
partial award but excludes any orders or directions made under section 12;
"Model Law" means the UNCITRAL Model Law on
International Commercial Arbitration adopted by the United Nations Commission
on International Trade Law on 21st June 1985, the text in English of which is
set out in the First Schedule;
"party" means a party to an arbitration agreement
or, in any case where an arbitration does not involve all of the parties to the
arbitration agreement, means a party to the arbitration.
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(2) Except so far as the contrary intention appears, a word
or expression that is used both in this Part and in the Model Law (whether or
not a particular meaning is given to it by the Model Law) has, in the Model
Law, the same meaning as it has in this Part.
(3) 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 circumstances 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.
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(4) A reference in a bill of lading to a
charterparty or some 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.
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Model Law to have force of law
3. —(1) Subject to this Act, the Model Law, with the exception of
Chapter VIII thereof, shall have the force of law in Singapore.
(2) In the Model Law —
"State" means Singapore and any country other than
Singapore;
"this State" means Singapore.
Interpretation of Model Law by use of extrinsic material
4. —(1) For the purposes of interpreting the Model Law, reference may be
made to the documents of —
(a) the United Nations Commission on International Trade
Law; and
(b) its working group for the preparation of the Model Law,
relating to the Model Law.
(2) Subsection (1) shall not affect the application of
section 9A of the Interpretation Act (Cap. 1) for the purposes of interpreting
this Act.
Application of Part II
5. —(1) This Part and the Model Law shall not apply to an arbitration
which is not an international arbitration unless the parties agree in writing
that this Part or the Model Law shall apply to that arbitration.
(2) Notwithstanding Article 1 (3) of the Model Law, an
arbitration is international if —
(a) at least one of the parties to an arbitration agreement,
at the time of the conclusion of the agreement, has its place of business in
any State other than Singapore; or
(b) one of the following places is situated outside the
State in which the parties have their places of business:
(i) the place of arbitration if determined in, or pursuant
to, the arbitration agreement;
(ii) any place where a substantial part of the obligations
of the commercial relationship is to be performed or the place with which the
subject-matter of the dispute is most closely connected; or
(c) the parties have expressly agreed that the
subject-matter of the arbitration agreement relates to more than one country.
(3) For the purposes of subsection (2) —
(a) if a party has more than one place of business, the
place of business shall be that which has the closest relationship to the
arbitration agreement;
(b) if a party does not have a place of business, a
reference to his place of business shall be construed as a reference to his
habitual residence.
(4) Notwithstanding any provision to the contrary in the
Arbitration Act (Cap. 10), that Act shall not apply to any arbitration to which
this Part applies.
Enforcement of international arbitration agreement
6. —(1) Notwithstanding Article 8 of the Model Law, where
any party to an arbitration agreement to which this Act applies 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 proceedings, apply to that court to stay the proceedings
so far as the proceedings relate to that matter.
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(2) The court to which an application has been made in
accordance with subsection (1) shall make an order, upon such terms or
conditions as it may think fit, staying the proceedings so far as the
proceedings relate to the matter, unless it is satisfied that the arbitration
agreement is null and void, inoperative or incapable of being performed.
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(3) Where a court makes an order under subsection (2), the
court may, for the purpose of preserving the rights of parties, make such
interim or supplementary orders as it may think fit in relation to any property
which is 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 proceedings 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 proceedings without prejudice to the
right of any of the parties to apply for the discontinued proceedings to be
reinstated.
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(5) For the purposes of this section and
sections 7 and 11A —
(a) a reference to a party shall include a reference to any
person claiming through or under such party;
(b) “court” means the High Court, District Court,
Magistrate’s Court or any other court in which proceedings are instituted.
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Court’s powers on stay of proceedings
7. —(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 —
(a) that the property arrested be retained as security for
the satisfaction of any award made on the arbitration; or
(b) that the stay be conditional on the provision of
equivalent security for the satisfaction of any such award.
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(2) Subject to 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 under this section as would apply if it were
held for the purposes of proceedings in the court which made the order.
Authorities specified for purposes of Article 6 of Model
Law
8. —(1) The High Court in Singapore shall be taken to have been
specified in Article 6 of the Model Law as courts competent to perform the
functions referred to in that Article except for Article 11 (3) and (4) of the
Model Law.
(2) The Chairman of the Singapore International
Arbitration Centre shall be taken to have been specified as the authority
competent to perform the functions under Article 11 (3) and (4) of the Model
Law.
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(3) 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 International Arbitration
Centre under subsection (2).
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Application of Limitation Act
8A. —(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 commencement of any action shall be construed as a reference to
the commencement of arbitration proceedings.
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(2) The High Court may order that in computing
the time prescribed by the Limitation Act for the commencement of proceedings
(including arbitration proceedings) in respect of a dispute which was the
subject-matter of —
(a) an award which the High Court orders to be set aside or
declares to be of no effect; or
(b) the affected part of an award which the High 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.
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(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
(Cap. 163), 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.
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Number of arbitrators for purposes of Article 10 (2) of
Model Law
9. Notwithstanding Article 10 (2) of the Model Law, if the number of
arbitrators is not determined by the parties, there shall be a single
arbitrator.
Default appointment of arbitrators
9A. —(1) Notwithstanding Article 11 (3) of the Model Law, in
an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and
the parties shall by agreement appoint the third arbitrator.
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(2) Where the 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 authority.
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Appeal under Article 16 (3) of Model Law
10. —(1) Notwithstanding Article 16 (3) of the Model Law, an appeal from
a decision of the High Court made under Article 16 (3) of the Model Law shall
lie to the Court of Appeal only with the leave of the High Court.
(2) There shall be no appeal against a refusal for grant of
leave of the High Court.
Public policy and arbitrability
11. —(1) Any dispute which the parties have agreed to submit to
arbitration under an arbitration agreement may be determined by arbitration
unless it is contrary to public policy to do so.
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(2) The fact that any written law confers jurisdiction in
respect of any matter on any court of law but does not refer to the
determination of that matter by arbitration shall not, of itself, indicate that
a dispute about that matter is not capable of determination by arbitration.
Reference of interpleader issue to arbitration
11A. 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.
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Powers of arbitral tribunal
12. —(1) Without prejudice to the powers set out in any other provision
of this Act and in the Model Law, an arbitral tribunal shall have powers to
make orders or give directions to any party for —
(a) security for costs;
(b) discovery of documents and interrogatories;
(c) giving of evidence by affidavit;
(d) the preservation, interim custody or sale of any
property which is or forms part of the subject-matter of the dispute;
(e) 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;
(f) the preservation and interim custody of any evidence for
the purposes of the proceedings;
(g) securing the amount in dispute;
(h) ensuring that any award which may be made in the
arbitral proceedings is not rendered ineffectual by the dissipation of assets
by a party; and
(i) an interim injunction or any other interim measure.
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(2) An arbitral tribunal shall, unless the parties to an
arbitration agreement have (whether in the arbitration agreement or in any
other document in writing) agreed to the contrary, have power to administer
oaths to or take affirmations of the parties and witnesses.
(3) An arbitral tribunal shall, unless the parties to an
arbitration agreement have (whether in the arbitration agreement or in any
other document in writing) agreed to the contrary, have power to adopt if it
thinks fit inquisitorial processes.
(4) The power of the arbitral tribunal to order
a claimant to provide security for costs as referred to in subsection (1) (a)
shall not be exercised by reason only that the claimant is —
(a) an individual ordinarily resident outside Singapore; or
(b) a corporation or an association incorporated or formed
under the law of a country outside Singapore, or whose central management and
control is exercised outside Singapore.
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(5) Without prejudice to the application of Article 28 of
the Model Law, an arbitral tribunal, in deciding the dispute that is the
subject of the arbitral proceedings —
(a) may award any remedy or relief that could have been
ordered by the High Court if the dispute had been the subject of civil
proceedings in that Court;
(b) may award interest (including interest on a compound
basis) on the whole or any part of any sum which —
(i) is awarded to any party, for the whole or any part of
the period up to the date of the award; or
(ii) 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 payment.
(6) All orders or directions made or given by an arbitral
tribunal in the course of an arbitration shall, by leave of the High Court or a
Judge thereof, be enforceable in the same manner as if they were orders made by
a court and, where leave is so given, judgment may be entered in terms of the
order or direction.
(7) The High Court or a Judge thereof shall have, for the
purpose of and in relation to an arbitration to which this Part applies, the
same power of making orders in respect of any of the matters set out in
subsection (1) as it has for the purpose of and in relation to an action or
matter in the court.
Witnesses may be summoned by subpoena
13. —(1) Any party to an arbitration agreement may take out
a subpoena to testify or a subpoena to produce documents.
(2) The court may order that a subpoena to
testify or a subpoena to produce documents shall be issued to compel the
attendance before an arbitral tribunal of a witness wherever he may be within
Singapore.
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(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.
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(4) No person shall be compelled under any such
subpoena to produce any document which he could not be compelled to produce on
the trial of an action.
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Power to compel attendance of witness
14. —(1) The High Court or a Judge thereof may order that a subpoena to
testify or a subpoena to produce documents shall be issued to compel the
attendance before an arbitral tribunal of a witness wherever he may be within
Singapore.
(2) The High Court or a Judge thereof may also issue an
order under section 38 of the Prisons Act to bring up a prisoner for
examination before an arbitral tribunal.
Law of arbitration other than Model Law
15. —(1) If the parties to an arbitration agreement (whether
made before or after 1st November 2001*) have expressly agreed either —
*Date of commencement of the International Arbitration
(Amendment) Act 2001 (Act 38/2001).
(a) that the Model Law or this Part shall not apply to the
arbitration; or
(b) that the Arbitration Act (Cap. 10) or the repealed
Arbitration Act (Cap. 10, 1985 Ed.) shall apply to the arbitration,
then, both the Model Law and this Part shall not apply to
that arbitration but the Arbitration Act or the repealed Arbitration Act (if
applicable) shall apply to that arbitration.
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(2) For the avoidance of doubt, a provision in
an arbitration agreement referring to or adopting any rules of arbitration
shall not of itself be sufficient to exclude the application of the Model Law
or this Part to the arbitration concerned.
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Application of rules of arbitration
15A. —(1) It is hereby declared for the avoidance of doubt
that a provision of rules of arbitration agreed to or adopted by the parties,
whether before or after the commencement of the arbitration, shall apply and be
given effect to the extent that such provision is not inconsistent with a
provision of the Model Law or this Part from which the parties cannot derogate.
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(2) Without prejudice to subsection (1),
subsections (3) to (6) shall apply for the purposes of determining whether a
provision of rules of arbitration is inconsistent with the Model Law or this
Part.
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(3) A provision of rules of arbitration is not
inconsistent with the Model Law or this Part merely because it provides for a
matter on which the Model Law and this Part is silent.
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(4) Rules of arbitration are not inconsistent
with the Model Law or this Part merely because the rules are silent on a matter
covered by any provision of the Model Law or this Part.
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(5) A provision of rules of arbitration is not
inconsistent with the Model Law or this Part merely because it provides for a
matter which is covered by a provision of the Model Law or this Part which
allows the parties to make their own arrangements by agreement but which applies
in the absence of such agreement.
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(6) The parties may make the arrangements
referred to in subsection (5) by agreeing to the application or adoption of
rules of arbitration or by providing any other means by which a matter may be
decided.
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(7) In this section and section 15, “rules of
arbitration” means the rules of arbitration agreed to or adopted by the parties
including the rules of arbitration of an institution or organisation.
[28/2002]
Appointment of conciliator
16. —(1) Where an agreement provides for the appointment of a
conciliator by a person who is not one of the parties and that person refuses
to make the appointment or does not make it 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
for the time being of the Singapore International Arbitration Centre may, on
the application of any party to the agreement, appoint a conciliator who shall
have the like powers to act in the conciliation 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 International Arbitration Centre under
subsection (1).
(3) Where an arbitration agreement provides for the
appointment of a conciliator and further provides that the person so appointed
shall act as an arbitrator in the event of the conciliation proceedings failing
to produce a settlement acceptable to the parties —
(a) no objection shall be taken to the appointment of such
person as an arbitrator, or to his conduct of the arbitral proceedings, solely
on the ground that he had acted previously as a conciliator in connection with
some or all of the matters referred to arbitration;
(b) 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
conciliator unless a contrary intention appears in the arbitration agreement.
(4) Unless a contrary intention appears therein, an
agreement which provides for the appointment of a conciliator shall be deemed
to contain a provision that in the event of the conciliation 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 conciliator or, where he is appointed by name in the agreement, of the
receipt by him of written notification of the existence of a dispute, the
conciliation proceedings shall thereupon terminate.
(5) For the purposes of this section and section
17 —
(a) any reference to “conciliator” shall include a reference
to any person who acts as a mediator;
(b) any reference to “conciliation proceedings” shall
include a reference to mediation proceedings.
[38/2001]
Power of arbitrator to act as conciliator
17. —(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
or umpire may act as a conciliator.
(2) An arbitrator or umpire acting as conciliator —
(a) may communicate with the parties to the arbitral
proceedings collectively or separately; and
(b) shall treat information obtained by him from a party to
the arbitral proceedings as confidential, unless that party otherwise agrees or
unless subsection (3) applies.
(3) Where confidential information is obtained by an
arbitrator or umpire from a party to the arbitral proceedings during
conciliation proceedings and those proceedings terminate without the parties
reaching agreement in settlement of their dispute, the arbitrator or umpire
shall before resuming the arbitral proceedings disclose to all other parties to
the arbitral proceedings as much of that information as he considers material
to the arbitral proceedings.
(4) No objection shall be taken to the conduct of arbitral
proceedings by a person solely on the ground that that person had acted
previously as a conciliator in accordance with this section.
Award by consent
18. If the parties to an arbitration agreement reach agreement in
settlement of their dispute and the arbitral tribunal has recorded the terms of
settlement in the form of an arbitral award on agreed terms in accordance with
Article 30 of the Model Law, the award —
(a) shall be treated as an award on an arbitration
agreement; and
(b) may, by leave of the High Court or a Judge thereof, be
enforced in the same manner as a judgment or an order to the same effect, and
where leave is so given, judgment may be entered in terms of the award.
Enforcement of awards
19. An award on an arbitration agreement may, by leave of the High Court
or a Judge thereof, be enforced in the same manner as a judgment or an order to
the same effect and, where leave is so given, judgment may be entered in terms
of the award.
Awards made on different issues
19A. —(1) Unless otherwise agreed by the parties, the
arbitral tribunal may make more than one award at different points in time
during the arbitration proceedings on different aspects of the matters to be
determined.
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(2) The arbitral tribunal may, in particular,
make an award relating to —
(a) an issue affecting the whole claim; or
(b) a part only of the claim, counter-claim or cross-claim,
which is submitted to it for decision.
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(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.
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Effect of award
19B. —(1) An award made by the arbitral tribunal pursuant to
an arbitration agreement is final and binding on the parties and on any persons
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.
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(2) Except as provided in Articles 33 and 34 (4)
of the Model Law, upon an award being made, including an award made in
accordance with section 19A, the arbitral tribunal shall not vary, amend,
correct, review, add to or revoke the award.
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(3) For the purposes of subsection (2), an award
is made when it has been signed and delivered in accordance with Article 31 of
the Model Law.
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(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 and the Model Law.
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Interest on awards
20. Where an award directs a sum to be paid, that sum shall, unless the
award otherwise directs, carry interest as from the date of the award and at
the same rate as a judgment debt.
Taxation of costs
21. —(1) Any costs directed by an award to be paid shall, unless the
award otherwise directs, be taxable by the Registrar of the Singapore
International Arbitration Centre (referred to in this section as the
Registrar).
(2) Unless the fees of the arbitral tribunal have been fixed
by a written agreement or such agreement has provided for determination of the
fees by a person or an institution agreed to by the parties, any party to the
arbitration may require that such fees be taxed by the Registrar.
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(3) A certificate signed by the Registrar on the amount of
costs or fees taxed shall form part of the award of the arbitral tribunal.
(4) The Chief Justice may, if he thinks fit, by notification
published in the Gazette, appoint any other person to exercise the
powers of the Registrar under this section.
Proceedings to be heard otherwise than in open court
22. Proceedings under this Act in any court shall, on the application of
any party to the proceedings, be heard otherwise than in open court.
Restrictions on reporting of proceedings heard otherwise
than in open court
23. —(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 application 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 —
(a) all parties to the proceedings agree that such
information may be published; or
(b) 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 judgment 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 —
(a) give directions as to the action that shall be taken to
conceal that matter in those reports; and
(b) 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 report shall be published until after the end of such
period, not exceeding 10 years, as it considers appropriate.
Court may set aside award
24. Notwithstanding Article 34 (1) of the Model Law, the High Court may,
in addition to the grounds set out in Article 34 (2) of the Model Law, set
aside the award of the arbitral tribunal if —
(a) the making of the award was induced or affected by fraud
or corruption; or
(b) 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.
Liability of arbitrator
25. An arbitrator shall not be liable for —
(a) negligence in respect of anything done or omitted to be
done in the capacity of arbitrator; and
(b) any mistake in law, fact or procedure made in the course
of arbitral proceedings or in the making of an arbitral award.
Immunity of appointing authority and arbitral institutions,
etc.
25A. —(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.
[38/2001]
(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 employees or agents in the
discharge or purported discharge of his functions as arbitrator.
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(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.
[38/2001]
Transitional provisions
26. —(1) This Part shall not apply in relation to an international
arbitration between parties to an arbitration agreement that was commenced
before 27th January 1995 unless the parties have (whether in the agreement or
in any other document in writing) otherwise agreed.
(2) Subject to subsection (1), where the arbitral
proceedings were commenced before 27 January 1995, 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) In any written law, agreement in writing or other
document, a reference to arbitration under the Arbitration Act (Cap. 10) shall,
so far as relevant and unless the contrary intention appears, be construed to
include a reference to arbitration under this Act.
(4) For the purposes of this section, arbitral proceedings
are to be taken as having commenced on the date of the receipt by the
respondent of a request for the dispute 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 arbitral proceedings, then on that date.
Interpretation of Part III
27. —(1) In this Part, unless the context otherwise requires —
"agreement in writing" includes an agreement
contained in an exchange of letters, telegrams, telefacsimile or in a
communication by teleprinter;
"arbitral award" has the same meaning as in the
Convention;
"arbitration agreement" means an agreement in
writing of the kind referred to in paragraph 1 of Article II of the Convention;
"Convention" means the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards adopted in 1958 by the
United Nations Conference on International Commercial Arbitration at its
twenty-fourth meeting, the English text of which is set out in the Second
Schedule;
"Convention country" means a country (other than
Singapore) that is a Contracting State within the meaning of the Convention;
"court" means the High Court in Singapore;
"foreign award" means an arbitral award made in pursuance
of an arbitration agreement in the territory of a Convention country other than
Singapore.
(2) In this Part, where the context so admits,
“enforcement”, in relation to a foreign award, includes the recognition of the
award as binding for any purpose, and “enforce” and “enforced” have
corresponding meanings.
(3) For the purposes of this Part, a body corporate shall be
taken to be habitually resident in a country if it is incorporated or has its
principal place of business in that country.
Application of Part III
28. —(1) This Part shall apply to arbitration agreements made before
27th January 1995 as it applies to arbitration agreements made on or after that
date.
(2) This Part shall not apply to foreign awards made before
19th November 1986.
Recognition and enforcement of foreign awards
29. —(1) Subject to this Part, a foreign award may be enforced in a
court either by action or in the same manner as an award of an arbitrator made
in Singapore is enforceable under section 19.
(2) Any foreign award which is enforceable under subsection
(1) shall be recognised as binding for all purposes upon the persons between
whom it was made and may accordingly be relied upon by any of those parties by
way of defence, set-off or otherwise in any legal proceedings in Singapore.
Evidence
30. —(1) In any proceedings in which a person seeks to enforce a foreign
award by virtue of this Part, he shall produce to the court —
(a) the duly authenticated original award or a duly
certified copy thereof;
(b) the original arbitration agreement under which the award
purports to have been made, or a duly certified copy thereof; and
(c) where the award or agreement is in a foreign language, a
translation of it 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.
(2) A document produced to a court in accordance with this
section shall, upon mere production, be received by the court as prima facie
evidence of the matters to which it relates.
Refusal of enforcement
31. —(1) In any proceedings in which the enforcement of a foreign award
is sought by virtue of this Part, the party against whom the enforcement is
sought may request that the enforcement be refused, and the enforcement in any
of the cases mentioned in subsections (2) and (4) may be refused but not
otherwise.
(2) A court so requested may refuse enforcement of a foreign
award if the person against whom enforcement is sought proves to the
satisfaction of the court that —
(a) a party to the arbitration agreement in pursuance of
which the award was made was, under the law applicable to him, under some
incapacity at the time when the agreement was made;
(b) the arbitration agreement is not valid under the law to
which the parties have subjected it or, in the absence of any indication in
that respect, under the law of the country where the award was made;
(c) he was not given proper notice of the appointment of the
arbitrator or of the arbitration proceedings or was otherwise unable to present
his case in the arbitration proceedings;
(d) subject to subsection (3), the award deals with a
difference not contemplated by, or not falling within the terms of, the
submission to arbitration or contains a decision on the matter beyond the scope
of the submission to arbitration;
(e) the composition of the arbitral authority or the
arbitral procedure was not in accordance with the agreement of the parties or,
failing such agreement, was not in accordance with the law of the country where
the arbitration took place; or
(f) the award has not yet become binding on the parties to
the arbitral award or has been set aside or suspended by a competent authority
of the country in which, or under the law of which, the award was made.
(3) When a foreign award referred to in subsection (2) (d)
contains decisions on matters not submitted to arbitration but those decisions
can be separated from decisions on matters submitted to arbitration, the award
may be enforced to the extent that it contains decisions on matters so
submitted.
(4) In any proceedings in which the enforcement of a foreign
award is sought by virtue of this Part, the court may refuse to enforce the
award if it finds that —
(a) the subject-matter of the difference between the parties
to the award is not capable of settlement by arbitration under the law of
Singapore; or
(b) enforcement of the award would be contrary to the public
policy of Singapore.
(5) Where, in any proceedings in which the enforcement of a
foreign award is sought by virtue of this Part, the court is satisfied that an
application for the setting aside or for the suspension of the award has been
made to a competent authority of the country in which, or under the law of
which, the award was made, the court may and may —
(a) if the court considers it proper to do so, adjourn the
proceedings or, as the case may be, so much of the proceedings as relates to
the award; and
(b) on the application of the party seeking to enforce the
award, order the other party to give suitable security.
Convention countries
32. —(1) Where the Minister by an order published in the Gazette
declares that any State specified in the order is a Convention country, the
order, while in force, shall be evidence of that fact.
(2) For the purposes of this Part, a certificate signed by
the Minister stating that a State specified in the certificate but not
specified in any order made under subsection (1) which is in force is, or was
at a time specified in the certificate, a Convention country shall, upon mere
production, be prima facie evidence of that fact.
Enforcement of awards under other provisions of law
33. —(1) Nothing in this Part shall affect the right of any person to
enforce an arbitral award otherwise than as is provided for in this Part.
(2) Notwithstanding section 3 (5) of the Reciprocal
Enforcement of Commonwealth Judgments Act (Cap. 264), where a foreign award is
both enforceable under this Part and registrable as a judgment under that Act,
proceedings to enforce the award under this Part may be commenced without any
disentitlement to recover any costs of the proceedings, unless otherwise
ordered by the court.
(3) Notwithstanding section 7 of the Reciprocal Enforcement
of Foreign Judgments Act (Cap. 265), proceedings to enforce a foreign award
under this Part may be commenced where the award is both enforceable under this
Part and registrable as a judgment under that Act.
Act to bind Government
34. This Act shall bind the Government.
Rules of Court
35. 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 procedure of any court in respect of any matter under this Act.
Section 2
Article 1. Scope of application*
*Article headings are for reference purposes only and are
not to be used for purposes of interpretation.
(1) This Law applies to international commercial*
arbitration, subject to any agreement in force between this State and any other
State or States.
*The term “commercial” should be given a wide interpretation
so as to cover matters arising from all relationships of a commercial nature,
whether contractual or not. Relationships of a commercial nature include, but
are not limited to, the following transactions: any trade transaction for the
supply or exchange of goods or services; distribution agreement; commercial
representation or agency; factoring; leasing; construction of works;
consulting; engineering; licensing; investment; financing; banking; insurance;
exploitation agreement or concession; joint venture and other forms of
industrial or business co-operation; carriage of goods or passengers by air,
sea, rail or road.
(2) The provisions of this Law, except Articles 8, 9, 35 and
36, apply only if the place of arbitration is in the territory of this State.
(3) An arbitration is international if:
(a) the parties to an arbitration agreement have, at the
time of the conclusion of that agreement, their places of business in different
States; or
(b) one of the following places is situated outside the
State in which the parties have their places of business:
(i) the place of arbitration if determined in, or pursuant
to, the arbitration agreement;
(ii) any place where a substantial part of the obligations
of the commercial relationship is to be performed or the place with which the
subject-matter of the dispute is most closely connected; or
(c) the parties have expressly agreed that the
subject-matter of the arbitration agreement relates to more than one country.
(4) For the purposes of paragraph (3) of this Article:
(a) if a party has more than one place of business, the
place of business is that which has the closest relationship to the arbitration
agreement;
(b) if a party does not have a place of business, reference
is to be made to his habitual residence.
(5) This Law shall not affect any other law of this State by
virtue of which certain disputes may not be submitted to arbitration or may be
submitted to arbitration only according to provisions other than those of this
Law.
Article 2. Definitions and rules of interpretation
For the purposes of this Law:
(a) “arbitration” means any arbitration whether or not
administered by a permanent arbitral institution;
(b) “arbitral tribunal” means a sole arbitrator or a panel
of arbitrators;
(c) “court” means a body or organ of the judicial system of
a State;
(d) where a provision of this Law, except Article 28, leaves
the parties free to determine a certain issue, such freedom includes the right
of the parties to authorise a third party, including an institution, to make
that determination;
(e) where a provision of this Law 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
referred to in that agreement;
(f) where a provision of this Law, other than in Articles 25
(a) and 32 (2) (a), refers to a claim, it also applies to a
counter-claim, and where it refers to a defence, it also applies to a defence
to such counter-claim.
Article 3. Receipt of written communications
(1) Unless otherwise agreed by the parties:
(a) any written communication is deemed to have been
received if it is delivered to the addressee personally or if it is delivered
at his place of business, habitual residence or mailing address; if none of
these can be found after making a reasonable inquiry, a written communication
is deemed to have been received if it is sent to the addressee’s last-known
place of business, habitual residence or mailing address by registered letter
or any other means which provides a record of the attempt to deliver it;
(b) the communication is deemed to have been received on the
day it is so delivered.
(2) The provisions of this Article do not apply to
communications in court proceedings.
Article 4. Waiver of right to object
A party who knows that any provision of this Law from which
the parties may derogate or any requirement under the arbitration agreement has
not been complied with and yet proceeds with the arbitration without stating
his objection to such non-compliance without undue delay or, if a time-limit is
provided therefor, within such period of time, shall be deemed to have waived
his right to object.
Article 5. Extent of court intervention
In matters governed by this Law, no court shall intervene
except where so provided in this Law.
Article 6. Court or other authority for certain functions
of arbitration assistance and supervision
The functions referred to in Articles 11 (3), 11 (4), 13
(3), 14, 16 (3) and 34 (2) shall be performed by ........... [Each State
enacting this Model Law specifies the court, courts or, where referred to
therein, other authority competent to perform these functions.]
Article 7. Definition and form of arbitration agreement
(1) “Arbitration agreement” is an agreement by the parties
to submit to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship, whether
contractual or not. An arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a separate agreement.
(2) The arbitration agreement shall be in writing. An
agreement is in writing if it is contained in a document signed by the parties
or in an exchange of letters, telex, telegrams or other means of
telecommunication which provide a record of the agreement, or in an exchange of
statements of claim and defence in which the existence of an agreement is
alleged by one party and not denied by another. The reference in a contract to
a document containing an arbitration clause constitutes an arbitration
agreement provided that the contract is in writing and the reference is such as
to make that clause part of the contract.
Article 8. Arbitration agreement and substantive claim
before court
(1) A court before which an action is brought in a matter
which is the subject of an arbitration agreement shall, if a party so requests
not later than when submitting his first statement on the substance of the
dispute, refer the parties to arbitration unless it finds that the agreement is
null and void, inoperative or incapable of being performed.
(2) Where an action referred to in paragraph (1) of this
Article has been brought, arbitral proceedings may nevertheless be commenced or
continued, and an award may be made, while the issue is pending before the
court.
Article 9. Arbitration agreement and interim measures by
court
It is not incompatible with an arbitration agreement for a
party to request, before or during arbitral proceedings, from a court an
interim measure of protection and for a court to grant such measure.
Article 10. Number of arbitrators
(1) The parties are free to determine the number of
arbitrators.
(2) Failing such determination, the number of arbitrators
shall be three.
Article 11. Appointment of arbitrators
(1) No person shall be precluded by reason of his
nationality from acting as an arbitrator, unless otherwise agreed by the
parties.
(2) The parties are free to agree on a procedure of
appointing the arbitrator or arbitrators, subject to the provisions of
paragraphs (4) and (5) of this Article.
(3) Failing such agreement,
(a) in an arbitration with three arbitrators, each party
shall appoint one arbitrator, and the two arbitrators thus appointed shall
appoint the third arbitrator; if a party fails to appoint the arbitrator within
thirty 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 thirty days of
their appointment, the appointment shall be made, upon request of a party, by
the court or other authority specified in Article 6;
(b) in an arbitration with a sole arbitrator, if the parties
are unable to agree on the arbitrator, he shall be appointed, upon request of a
party, by the court or other authority specified in Article 6.
(4) Where, under an appointment procedure agreed upon by the
parties,
(a) a party fails to act as required under such procedure;
or
(b) the parties, or two arbitrators, are unable to reach an
agreement expected of them under such procedure; or
(c) a third party, including an institution, fails to
perform any function entrusted to it under such procedure,
any party may request the court or other authority specified
in Article 6 to take the necessary measure, unless the agreement on the
appointment procedure provides other means for securing the appointment.
(5) A decision on a matter entrusted by paragraph (3) or (4)
of this Article to the court or other authority specified in Article 6 shall be
subject to no appeal. The court or other authority, in appointing an
arbitrator, shall have due regard to any qualifications required of the
arbitrator by the agreement of the parties and to such considerations as are
likely to secure the appointment of an independent and impartial arbitrator
and, in the case of a sole or third arbitrator, shall take into account as well
the advisability of appointing an arbitrator of a nationality other than those
of the parties.
Article 12. Grounds for challenge
(1) When a person is approached in connection with his
possible appointment as an arbitrator, he shall disclose any circumstances
likely to give rise to justifiable doubts as to his impartiality or
independence. An arbitrator, from the time of his appointment and throughout
the arbitral proceedings, shall without delay disclose any such circumstances
to the parties unless they have already been informed of them by him.
(2) An arbitrator may be challenged only if circumstances
exist that give rise to justifiable doubts as to his impartiality or
independence, or if he does not possess qualifications agreed to by the
parties. A party may challenge an arbitrator appointed by him, or in whose
appointment he has participated, only for reasons of which he becomes aware
after the appointment has been made.
Article 13. Challenge procedure
(1) The parties are free to agree on a procedure for
challenging an arbitrator, subject to the provisions of paragraph (3) of this
Article.
(2) Failing such agreement, a party who intends to challenge
an arbitrator shall, within fifteen days after becoming aware of the
constitution of the arbitral tribunal or after becoming aware of any
circumstance referred to in Article 12 (2), send a written statement of the
reasons for the challenge to the arbitral tribunal. Unless the challenged
arbitrator withdraws from his office or the other party agrees to the
challenge, the arbitral tribunal shall decide on the challenge.
(3) If a challenge under any procedure agreed upon by the
parties or under the procedure of paragraph (2) of this Article is not
successful, the challenging party may request, within thirty days after having
received notice of the decision rejecting the challenge, the court or other
authority specified in Article 6 to decide on the challenge, which decision
shall be subject to no appeal; while such a request is pending, the arbitral
tribunal, including the challenged arbitrator, may continue the arbitral
proceedings and make an award.
Article 14. Failure or impossibility to act
(1) If an arbitrator becomes de jure or de facto unable to
perform his functions or for other reasons fails to act without undue delay, his
mandate terminates if he withdraws from his office or if the parties agree on
the termination. Otherwise, if a controversy remains concerning any of these
grounds, any party may request the court or other authority specified in
Article 6 to decide on the termination of the mandate, which decision shall be
subject to no appeal.
(2) If, under this Article or Article 13 (2), an arbitrator
withdraws from his office or a party agrees to the termination of the mandate
of an arbitrator, this does not imply acceptance of the validity of any ground
referred to in this Article or Article 12 (2).
Article 15. Appointment of substitute arbitrator
Where the mandate of an arbitrator terminates under Article
13 or 14 or because of his withdrawal from office for any other reason or
because of the revocation of his mandate by agreement of the parties or in any
other case of termination of his mandate, a substitute arbitrator shall be
appointed according to the rules that were applicable to the appointment of the
arbitrator being replaced.
Article 16. Competence of arbitral tribunal to rule on
its jurisdiction
(1) The arbitral tribunal may rule on its own jurisdiction,
including any objections with respect to the existence or validity of the
arbitration agreement. For that purpose, an arbitration clause which forms part
of a contract shall be treated as an agreement independent of the other terms
of the contract. A decision by the arbitral tribunal that the contract is null and
void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the submission of the statement of
defence. A party is not precluded from raising such a plea by the fact that he
has appointed, or participated in the appointment of, an arbitrator. 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 arbitral proceedings. The arbitral tribunal may, in either
case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in
paragraph (2) of this Article either as a preliminary question or in an award
on the merits. If the arbitral tribunal rules as a preliminary question that it
has jurisdiction, any party may request, within thirty days after having
received notice of that ruling, the court specified in Article 6 to decide the
matter, which decision shall be subject to no appeal; while such a request is
pending, the arbitral tribunal may continue the arbitral proceedings and make
an award.
Article 17. Power of arbitral tribunal to order interim
measures
Unless otherwise agreed by the parties, the arbitral
tribunal may, at the request of a party, order any party to take such interim
measure of protection as the arbitral tribunal may consider necessary in
respect of the subject-matter of the dispute. The arbitral tribunal may require
any party to provide appropriate security in connection with such measure.
Article 18. Equal treatment of parties
The parties shall be treated with equality and each party
shall be given a full opportunity of presenting his case.
Article 19. Determination of rules of procedure
(1) Subject to the provisions of this Law, 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 Law, conduct the arbitration in such manner
as it considers appropriate. The power conferred upon the arbitral tribunal
includes the power to determine the admissibility, relevance, materiality and
weight of any evidence.
Article 20. Place of arbitration
(1) The parties are free to agree on the place of
arbitration. Failing such agreement, the place of arbitration shall be
determined by the arbitral tribunal having regard to the circumstances of the
case, including the convenience of the parties.
(2) Notwithstanding the provisions of paragraph (1) of this
Article, the arbitral tribunal may, unless otherwise agreed by the parties,
meet at any place it considers appropriate for consultation among its members,
for hearing witnesses, experts or the parties, or for inspection of goods,
other property or documents.
Article 21. Commencement of arbitral proceedings
Unless otherwise agreed by the parties, the arbitral
proceedings in respect of a particular dispute commence on the date on which a
request for that dispute to be referred to arbitration is received by the
respondent.
Article 22. Language
(1) The parties are free to agree on the language or languages
to be used in the arbitral proceedings. Failing such agreement, the arbitral
tribunal shall determine the language or languages to be used in the
proceedings. This agreement or determination, unless otherwise specified
therein, shall apply to any written statement by a party, any hearing and any
award, decision or other communication by the arbitral tribunal.
(2) The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the language or languages
agreed upon by the parties or determined by the arbitral tribunal.
Article 23. Statements of claim and defence
(1) Within the period of time agreed by the parties or
determined by the arbitral tribunal, the claimant shall state the facts
supporting his claim, the points at issue and the relief or remedy sought, and
the respondent shall state his defence in respect of these particulars, unless
the parties have otherwise agreed as to the required elements of such
statements. The parties may submit with their statements all documents they
consider to be relevant or may add a reference to the documents or other
evidence they will submit.
(2) Unless otherwise agreed by the parties, either party may
amend or supplement his claim or defence during the course of the arbitral
proceedings, unless the arbitral tribunal considers it inappropriate to allow
such amendment having regard to the delay in making it.
Article 24. Hearings and written proceedings
(1) Subject to any contrary agreement by the parties, the
arbitral tribunal shall decide whether to hold oral hearings for the
presentation of evidence or for oral argument, or whether the proceedings shall
be conducted on the basis of documents and other materials. However, unless the
parties have agreed that no hearings shall be held, the arbitral tribunal shall
hold such hearings at an appropriate stage of the proceedings, if so requested
by a party.
(2) The parties shall be given sufficient advance notice of
any hearing and of any meeting of the arbitral tribunal for the purposes of
inspection of goods, other property or documents.
(3) All statements, documents or other information supplied
to the arbitral tribunal by one party shall be communicated to the other party.
Also any expert report or evidentiary document on which the arbitral tribunal
may rely in making its decision shall be communicated to the parties.
Article 25. Default of a party
Unless otherwise agreed by the parties, if, without showing
sufficient cause —
(a) the claimant fails to communicate his statement of claim
in accordance with Article 23 (1), the arbitral tribunal shall terminate the
proceedings;
(b) the respondent fails to communicate his statement of
defence in accordance with Article 23 (1), the arbitral tribunal shall continue
the proceedings without treating such failure in itself as an admission of the
claimant’s allegations;
(c) 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.
Article 26. Expert appointed by arbitral tribunal
(1) Unless otherwise agreed by the parties, the arbitral
tribunal —
(a) may appoint one or more experts to report to it on
specific issues to be determined by the arbitral tribunal;
(b) may 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 questions to him and to present expert
witnesses in order to testify on the points at issue.
Article 27. Court assistance in taking evidence
The arbitral tribunal or a party with the approval of the
arbitral tribunal may request from a competent court of this State assistance
in taking evidence. The court may execute the request within its competence and
according to its rules on taking evidence.
Article 28. Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in
accordance with such rules of law as are chosen by the parties as applicable to
the substance of the dispute. Any designation of the law or legal system of a
given State shall be construed, unless otherwise expressed, as directly
referring to the substantive law of that State and not to its conflict of laws
rules.
(2) Failing any designation by the parties, the arbitral
tribunal shall apply the law determined by the conflict of laws rules which it
considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or
as amiable compositeur only if the parties have expressly authorised it to do
so.
(4) In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall take into account the
usages of the trade applicable to the transaction.
Article 29. Decision-making by panel of arbitrators
In arbitral proceedings with more than one arbitrator, any
decision of the arbitral tribunal shall be made, unless otherwise agreed by the
parties, by a majority of all its members. However, questions of procedure may
be decided by a presiding arbitrator, if so authorised by the parties or all
members of the arbitral tribunal.
Article 30. Settlement
(1) If, during arbitral proceedings, the parties settle the
dispute, the arbitral 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 award on agreed terms shall be made in accordance
with the provisions of Article 31 and shall state that it is an award. Such an
award has the same status and effect as any other award on the merits of the
case.
Article 31. Form and contents of award
(1) The award shall be made in writing and shall be signed
by the arbitrator or arbitrators. In arbitral proceedings with more than one
arbitrator, the signatures of the majority of all members of the arbitral
tribunal shall suffice, provided that the reason for any omitted signature is
stated.
(2) The award shall state the reasons upon which it is
based, unless the parties have agreed that no reasons are to be given or the
award is an award on agreed terms under Article 30.
(3) The award shall state its date and the place of
arbitration as determined in accordance with Article 20 (1). The award shall be
deemed to have been made at that place.
(4) After the award is made, a copy signed by the
arbitrators in accordance with paragraph (1) of this Article shall be delivered
to each party.
Article 32. Termination of proceedings
(1) The arbitral proceedings are terminated by the final
award or by an order of the arbitral tribunal in accordance with paragraph (2)
of this Article.
(2) The arbitral tribunal shall issue an order for the
termination of the arbitral proceedings when:
(a) the claimant withdraws his claim, unless the respondent
objects thereto and the arbitral tribunal recognises a legitimate interest on
his part in obtaining a final settlement of the dispute;
(b) the parties agree on the termination of the proceedings;
(c) the arbitral tribunal finds that the continuation of the
proceedings has for any other reason become unnecessary or impossible.
(3) The mandate of the arbitral tribunal terminates with the
termination of the arbitral proceedings, subject to the provisions of Articles
33 and 34 (4).
Article 33. Correction and interpretation of award;
additional award
(1) Within thirty days of receipt of the award, unless
another period of time has been agreed upon by the parties:
(a) a party, with notice to the other party, may request the
arbitral tribunal to correct in the award any errors in computation, any
clerical or typographical errors or any errors of similar nature;
(b) if so agreed by the parties, a party, with notice to the
other party, may request the arbitral tribunal to give an interpretation of a
specific point or part of the award.
If the arbitral tribunal considers the request to be
justified, it shall make the correction or give the interpretation within
thirty days of receipt of the request. The interpretation shall form part of
the award.
(2) The arbitral tribunal may correct any error of the type
referred to in paragraph (1) (a) of this Article on its own initiative
within thirty days of the date of the award.
(3) Unless otherwise agreed by the parties, a party, with
notice to the other party, may request, within thirty days of receipt of the
award, the arbitral tribunal to make an additional award as to claims presented
in the arbitral proceedings but omitted from the award. If the arbitral
tribunal considers the request to be justified, it shall make the additional
award within sixty days.
(4) The arbitral tribunal may extend, if necessary, the
period of time within which it shall make a correction, interpretation or an
additional award under paragraph (1) or (3) of this Article.
(5) The provisions of Article 31 shall apply to a correction
or interpretation of the award or to an additional award.
Article 34. Application for setting aside as exclusive
recourse against arbitral award
(1) Recourse to a court against an arbitral award may be
made only by an application for setting aside in accordance with paragraphs (2)
and (3) of this Article.
(2) An arbitral award may be set aside by the court
specified in Article 6 only if:
(a) the party making the application furnishes proof that:
(i) a party to the arbitration agreement referred to in
Article 7 was under some incapacity; or the said agreement is not valid under
the law to which the parties have subjected it or, failing any indication
thereon, under the law of this State; or
(ii) 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 his case; or
(iii) 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; or
(iv) the composition of the arbitral tribunal or the
arbitral procedure was not in accordance with the agreement of the parties,
unless such agreement was in conflict with a provision of this Law from which
the parties cannot derogate, or, failing such agreement, was not in accordance
with this Law; or
(b) the court finds that:
(i) the subject-matter of the dispute is not capable of
settlement by arbitration under the law of this State; or
(ii) the award is in conflict with the public policy of this
State.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making that
application had received the award or, if a request had been made under Article
33, from the date on which that request had been disposed of by the arbitral
tribunal.
(4) The court, when asked to set aside an award, may, where
appropriate and so requested by a party, suspend the setting aside proceedings
for a period of time determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such other action as
in the arbitral tribunal’s opinion will eliminate the grounds for setting
aside.
*Chapter VIII does not have the force of law in Singapore by
virtue of section 3 (1).
Article 35. Recognition and enforcement
(1) An arbitral award, irrespective of the country in which
it was made, shall be recognised as binding and, upon application in writing to
the competent court, shall be enforced subject to the provisions of this
Article and of Article 36.
(2) The party relying on an award or applying for its
enforcement shall supply the duly authenticated original award or a duly
certified copy thereof, and the original arbitration agreement referred to in
Article 7 or a duly certified copy thereof. If the award or agreement is not
made in an official language of this State, the party shall supply a duly
certified translation thereof into such language.*
*The conditions set forth in this paragraph are intended to
set maximum standards. It would, thus, not be contrary to the harmonisation to
be achieved by the Model Law if a State retained even less onerous conditions.
Article 36. Grounds for refusing recognition or
enforcement
(1) Recognition or enforcement of an arbitral award,
irrespective of the country in which it was made, may be refused only:
(a) at the request of the party against whom it is invoked,
if that party furnishes to the competent court where recognition or enforcement
is sought proof that:
(i) a party to the arbitration agreement referred to in
Article 7 was under some incapacity; or the said agreement is not valid under
the law to which the parties have subjected it or, failing any indication
thereon, under the law of the country where the award was made; or
(ii) the party against whom the award is invoked was not
given proper notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or
not falling within the terms of the submission to arbitration, or it 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, that part of the award which contains
decisions on matters submitted to arbitration may be recognised and enforced;
or
(iv) the composition of the arbitral tribunal or the
arbitral procedure was not in accordance with the agreement of the parties or,
failing such agreement, was not in accordance with the law of the country where
the arbitration took place; or
(v) the award has not yet become binding on the parties or
has been set aside or suspended by a court of the country in which, or under
the law of which, that award was made; or
(b) if the court finds that:
(i) the subject-matter of the dispute is not capable of
settlement by arbitration under the law of this State; or
(ii) the recognition or enforcement of the award would be
contrary to the public policy of this State.
(2) If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1) (a) (v) of this Article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.
Section 27 (1)
1. This Convention shall apply to the recognition and
enforcement of arbitral awards made in the territory of a State other than the
State where the recognition and enforcement of such awards are sought, and
arising out of differences between persons, whether physical or legal. It shall
also apply to arbitral awards not considered as domestic awards in the State
where their recognition and enforcement are sought.
2. The term “arbitral awards” shall include not only
awards made by arbitrators appointed for each case but also those made by
permanent arbitral bodies to which the parties have submitted.
3. When signing, ratifying or acceding to this
Convention, or notifying extension under Article X hereof, any State may on the
basis of reciprocity declare that it will apply the Convention to the
recognition and enforcement of awards made only in the territory of another Contracting
State. It may also declare that it will apply the Convention only to
differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under the national law of the State making
such declaration.
1. Each Contracting State shall recognise an
agreement in writing under which the parties undertake to submit to arbitration
all or any differences which have arisen or which may arise between them in
respect of a defined legal relationship, whether contractual or not, concerning
a subject-matter capable of settlement by arbitration.
2. The term “agreement in writing” shall include an
arbitral clause in a contract or an arbitration agreement, signed by the
parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of
an action in a matter in respect of which the parties have made an agreement
within the meaning of this Article, at the request of one of the parties, refer
the parties to arbitration, unless it finds that the said agreement is null and
void, inoperative or incapable of being performed.
Each Contracting State shall recognise arbitral awards as
binding and enforce them in accordance with the rules of procedure of the
territory where the award is relied upon, under the conditions laid down in the
following Articles. There shall not be imposed substantially more onerous
conditions or higher fees or charges on the recognition or enforcement of
arbitral awards to which this Convention applies than are imposed on the
recognition or enforcement of domestic arbitral awards.
1. To obtain the recognition and enforcement
mentioned in the preceding Article, the party applying for recognition and
enforcement shall, at the time of the application, supply —
(a) the duly authenticated original award or a duly
certified copy thereof;
(b) the original agreement referred to in Article II or a
duly certified copy thereof.
2. If the said award or agreement is not made in an
official language of the country in which the award is relied upon, the party
applying for recognition and enforcement of the award shall produce a
translation of these documents into such language. The translation shall be
certified by an official or sworn translator or by a diplomatic or consular
agent.
1. Recognition and enforcement of the award may be
refused, at the request of the party against whom it is invoked, only if that
party furnishes to the competent authority where the recognition and
enforcement is sought, proof that —
(a) the parties to the agreement referred to in Article II
were, under the law applicable to them, under some incapacity, or the said
agreement is not valid under the law to which the parties have subjected it or,
failing any indication thereon, under the law of the country where the award
was made; or
(b) the party against whom the award is invoked was not
given proper notice of the appointment of the arbitrator or of the arbitration
proceedings or was otherwise unable to present his case; or
(c) the award deals with a difference not contemplated by or
not falling within the terms of the submission to arbitration, or it 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, that part of the award which contains
decisions on matters submitted to arbitration may be recognised and enforced;
or
(d) the composition of the arbitral authority or the
arbitral procedure was not in accordance with the agreement of the parties, or,
failing such agreement, was not in accordance with the law of the country where
the arbitration took place; or
(e) the award has not yet become binding on the parties, or
has been set aside or suspended by a competent authority of the country in
which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award
may also be refused if the competent authority in the country where recognition
and enforcement is sought finds that —
(a) the subject-matter of the difference is not capable of
settlement by arbitration under the law of that country; or
(b) the recognition or enforcement of the award would be
contrary to the public policy of that country.
If an application for the setting aside or suspension of the
award has been made to a competent authority referred to in Article V (1) (e),
the authority before which the award is sought to be relied upon may, if it
considers it proper, adjourn the decision on the enforcement of the award and
may also, on the application of the party claiming enforcement of the award,
order the other party to give suitable security.
1. The provisions of the present Convention shall not
affect the validity of multilateral or bilateral agreements concerning the
recognition and enforcement of arbitral awards entered into by the Contracting
States nor deprive any interested party of any right he may have to avail
himself of an arbitral award in the manner and to the extent allowed by the law
or the treaties of the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923
and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927
shall cease to have effect between Contracting States on their becoming bound
and to the extent that they become bound, by this Convention.
1. This Convention shall be open until 31st December
1958 for signature on behalf of any Member of the United Nations and also on
behalf of any other State which is or hereafter becomes a member of any
specialised agency of the United Nations, or which is or hereafter becomes a
party to the Statute of the International Court of Justice, or any other State
to which an invitation has been addressed by the General Assembly of the United
Nations.
2. This Convention shall be ratified and the
instrument of ratification shall be deposited with the Secretary-General of the
United Nations.
1. This Convention shall be open for accession to all
States referred to in Article VIII.
2. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the United Nations.
1. Any State may, at the time of signature,
ratification or accession, declare that this Convention shall extend to all or
any of the territories for the international relations of which it is
responsible. Such a declaration shall take effect when the Convention enters
into force for the State concerned.
2. At any time thereafter any such extension shall be
made by notification addressed to the Secretary-General of the United Nations
and shall take effect as from the ninetieth day after the day of receipt by the
Secretary-General of the United Nations of this notification, or as from the
date of entry into force of the Convention for the State concerned, whichever
is the later.
3. With respect to those territories to which this
Convention is not extended at the time of signature, ratification or accession,
each State concerned shall consider the possibility of taking the necessary
steps in order to extend the application of this Convention to such
territories, subject, where necessary for constitutional reasons, to the
consent of the Governments of such territories.
In the case of a federal or non-unitary State, the following
provisions shall apply:
(a) with respect to those Articles of this Convention that
come within the legislative jurisdiction of the federal authority, the
obligations of the federal Government shall to this extent be the same as those
of Contracting States which are not federal States;
(b) with respect to those Articles of this Convention that
come within the legislative jurisdiction of constituent States or provinces
which are not, under the constitutional system of the federation, bound to take
legislative action, the federal Government shall bring such articles with a
favourable recommendation to the notice of the appropriate authorities of
constituent States or provinces at the earliest possible moment;
(c) a federal State Party to this Convention shall, at the
request of any other Contracting State transmitted through the
Secretary-General of the United Nations, supply a statement of the law and
practice of the federation and its constituent units in regard to any
particular provision of this Convention, showing the extent to which effect has
been given to that provision by legislative or other action.
1. This Convention shall come into force on the
ninetieth day following the date of deposit of the third instrument of
ratification or accession.
2. For each State ratifying or acceding to this
Convention after the deposit of the third instrument of ratification or
accession, this Convention shall enter into force on the ninetieth day after
deposit by such State of its instrument of ratification or accession.
1. Any Contracting State may denounce this Convention
by a written notification to the Secretary-General of the United Nations.
Denunciation shall take effect one year after the date of receipt of the
notification by the Secretary-General.
2. Any State which has made a declaration or
notification under Article X may, at any time thereafter, by notification to
the Secretary-General of the United Nations, declare that this Convention shall
cease to extend to the territory concerned one year after the date of the
receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable to
arbitral awards in respect of which recognition or enforcement proceedings have
been instituted before the denunciation takes effect.
A Contracting State shall not be entitled to avail itself of
the present Convention against other Contracting States except to the extent
that it is itself bound to apply the Convention.
The Secretary-General of the United Nations shall notify the
States contemplated in Article VIII of the following:
(a) signatures and ratifications in accordance with Article
VIII;
(b) accessions in accordance with Article IX;
(c) declarations and notifications under Articles I, X and
XI;
(d) the date upon which this Convention enters into force in
accordance with Article XII;
(e) denunciations and notifications in accordance with
Article XIII.
1. This Convention, of which the Chinese, English,
French, Russian and Spanish texts shall be equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in Article VIII.
LEGISLATION
HISTORY
1. Act 23 of 1994 — International Arbitration Act 1994
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Date of First Reading |
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25.7.94 (Bill No. 14/94 published on 29.7.94) |
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Date of Second and Third Readings |
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31.10.94 |
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Date of commencement |
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27.1.95 |
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2. Act 38 of 2001 — International Arbitration (Amendment)
Act 2001
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Date of First Reading |
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25.9.2001 (Bill No. 38/2001 published on 26.9.2001) |
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Date of Second and Third Readings |
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5.10.2001 |
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Date of commencement |
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1.11.2001 |
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3. Act 28 of 2002 — International Arbitration (Amendment)
Act 2002
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Date of First Reading |
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27.8.2002 (Bill No. 28/2002 published on 28.8.2002) |
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Date of Second and Third Readings |
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1.10.2002 |
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Date of commencement |
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25.10.2002 |
INTERNET SOURCE: http://agcvldb4.agc.gov.sg