This also includes the award of any interest. The Arbitration Act applies to any arbitration where the place of arbitration is Singapore and where Part II of the IAA does not apply. The International Arbitration Act applies to both international and non-international arbitrations whenever the parties have agreed in writing that Part II of International Arbitration Act and Model Law shall apply. 12(2) Model Law and Sect. 1 The Arbitration Act was enacted to align the laws applicable to domestic arbitration with the 1985 UNCITRAL Model Law on International Commercial Arbitration (Model Law). In the absence of an agreed number, a single arbitrator is presumed.4.2.16 Parties are also free to choose the applicable procedure for appointment of arbitrators. 4.1.5 The distinction between the two legal regimes primarily lies in the degree of court intervention in the arbitral process and respect for party autonomy. Section 18D(2) of the Supreme Court of Judicature Act (Cap.
11(1) Model Law, IAA; Sect. So for example, if you hold your arbitration in Singapore, it will be governed by Singapore’s Arbitration Act (where both parties are domiciled in Singapore) or the International Arbitration Act (where at least one party is not domiciled in Singapore). 21(1), (3), Arbitration Act.27 Art. The Acts expressly provide that an arbitral tribunal has the power to determine the admissibility, relevance, materiality and weight of any evidence. 21(2) Arbitration Act.26 Art. 4.1.10 Where an arbitration is administered by the SIAC, 4.1.11 Many parties engaging in arbitration of their disputes choose to appoint a Singapore solicitor to advise and represent them in connection with the proceedings. The concept of a “stay” operates effectively to suspend court proceedings by the court’s restraint in exercising jurisdiction over the matter.
In practice, where the award involves parties from different jurisdictions, a certificate of authentication is attached to the award to facilitate enforcement under the New York Convention 1958.89 Sect. No appeal is permitted under the IAA.105 These remedies are correction or interpretation of award and additional award. "Interlocutory" awards are interim awards that deal with issues such as liability (being final on that issue) leaving quantum to be decided. 29, Model Law, IAA; Sect. This Act was enacted to implement the International Convention on the Settlement of Investment Disputes between States and Nationals of other States.Recently, the Intellectual Property (Dispute Resolution) Bill (Bill No. 4.1.6 The operation of the dual-track arbitration regime in Singapore allows the parties the facility of opting into or out of a particular regime when so agreed by them. 4.1.4 For international arbitration agreements, the applicable statute is the IAA, which applies to international arbitrations as well as non-international arbitrations where parties have a written agreement for Part II of the IAA or the Model Law to apply. Singapore is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Arbitration Awards (New York Convention), which has been enacted into Singaporean law. Other than this mandatory rule, the parties are generally free to determine the arbitral procedure, and the tribunal may conduct the arbitration in the manner it deems appropriate if parties cannot agree. In particular, the AA and the IAA expressly allow an arbitral tribunal to rule on its own jurisdiction, including any objections regarding the existence of validity of an arbitration agreement; and state that for this purpose, an arbitration clause which forms part of a contract shall be treated as independent of the other terms in the contract.
The concept of separability of the arbitration agreement from the main contract is recognised in Singapore, and is connected to the competence-competence rule. 38(1)(b), Arbitration Act;.85 Art.
6 Model Law and Sect. 11(3) and (4) Model Law, IAA; Sect. 23(1), Arbitration Act; Art. 23 Model Law, IAA.61 Sect. Currently, under section 10 of the IAA, the tribunal can decide on jurisdiction at the stage of either the preliminary or the final award. For domestic arbitrations seated in Singapore, the IAA and Model Law only apply if the parties agree so in writing. 12(1)(d), IAA; Sect. 9 of the Arbitration (International Investment Disputes) Act.132 Reciprocal Enforcement of Commonwealth Judgments (Extension) (Consolidation) Notification NI, 1999 Rev. The SIAC maintains a Panel of Accredited Arbitrators composed of a regional panel and an international panel of experts from which most appointments are made for arbitrations administered by it. In particular, the Singapore Courts have opined that enforcement is a mechanistic process in which one of the statutory grounds for refusal must be made out, and that they have no residual discretion to refuse to enforce an award outside those grounds.
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