Commercial Arbitration

Singapore

Chong Yee Leong

Rajah & Tann LLP

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?

    Singapore ratified the New York Convention on 21 August 1986, with the reservation that the Convention will only be applied to the recognition and enforcement of awards made in the territory of another contracting state.

  2. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?

    Singapore is also a party to the United Nations Commission on International Trade Law’s Model Law on International Commercial Arbitration.

    The European Convention on International Commercial Arbitration of 1961 was ratified by Spain in 1975.

  3. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?

    Singapore gave effect to the New York Convention by way of the Arbitrations (Foreign Awards) Act in 1986. Upon adopting the Model law on International Commercial Arbitration, Singapore merged all statutory provisions on international arbitration into the International Arbitration Act (chapter 143A) (IAA).

    Arbitration in Singapore is governed by two separate legal regimes. The Arbitration Act (cap 10) (Revised Edition 2002) (AA) governs domestic arbitrations while the International Arbitration Act governs international arbitrations. An arbitration is considered to be international if:

    (a) at least one of the parties has its place of business in a state other than Singapore at the time of conclusion of the arbitration agreement;

    (b) the agreed place of arbitration is situated outside the state in which parties have their place of business;

    (c) any place where a substantial part of the obligation of the commercial relationship is to be performed or the place to which the subject matter of the dispute is most closely connected is situated outside the state in which the parties have their place of business; or

    (d) the parties have expressly agreed that the subject matter of the arbitration agreement related to more than one country.

    The primary difference between the two regimes is that there is limited prospect of court intervention in international arbitrations and limited prospects of recourse against the arbitral award in international arbitrations.

  4. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?

    There are five main bodies relevant to international arbitration services in Singapore:

    a. Singapore International Arbitration Centre (SIAC). This is Singapore’s main arbitral institution offering a venue where parties can resolve their disputes and provides institutional support for the conduct of arbitration. Most cases here are administered under its in-house SIAC Rules.

    b. Singapore Institute of Arbitrators. This is the primary institution that caters to the training needs of arbitrators. The Institute of Arbitrators works closely with SIAC for training arbitrators.

    c. Industry specific arbitration provider. An example of such an arbitration service provider is the Singapore Chamber of Maritime Arbitration.

    d. Private service arbitration providers. These are arbitrators who are not affiliated with any particular organisation, such as The Arbitration Chambers.

    e. Statute-based arbitration providers. Some Singapore statutes allow for the setting up of arbitrator bodies. Examples of these are the Industrial Arbitration Court and the Tenant’s Compensation Board.

  5. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?

    There is no restriction on foreign law firms engaging in and advising on arbitration in Singapore.

    Non–resident arbitrators also do not require work permits to carry out arbitration services in Singapore.

  6. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?

    Singapore does not have a particular specialist court for arbitration matters, but section 6(5)(b) of the International Arbitration Act states that the High Court, District Court and Magistrate Court of Singapore, and other courts in which the proceedings are instituted, are stated to be the relevant courts for the purposes of the International Arbitration Act. There are, however, a number of judges who are informally designated as arbitration judges and would hear most of the arbitration related applications in the High Court. The Singapore courts offer maximum judicial support of arbitration and minimum intervention granting parties full and consistent support in the conduct of international arbitration.

    7. Agreement to arbitrate

  7. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?

    An arbitration agreement would have to be in writing and be signed by both parties to be valid. No specific wording is required, but there must be a clear and unambiguous intention to arbitrate and there is no restriction on either present or future disputes.

  8. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?

    With the exception of criminal and family law matters, almost any civil case you can take to court can be resolved by arbitration.

  9. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?

    In general, a third party cannot be bound by an arbitration clause and third party cannot be forced to join in an arbitration through joinder or third party notice. Rule 24 (b) of the SIAC Rules allows for the tribunal to allow for one or more third parties to be joined in the arbitration upon the application of a party and the written consent of the third parties, so long as the third parties are party to the arbitration agreement.

  10. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?

    Model Law does not deal with the consolidation of arbitral proceedings. Singapore’s AA 2002 allows the consolidation of proceedings and concurrent hearings if the parties agree, although the IAA is silent on this point.

    For example the Court of Arbitration of the Madrid Chamber of Commerce allows consolidation. Rule 9 provides that such consolidation may be allowed at the request of one of the parties provided where an arbitration proceeding already exist under the same Rules and pending between the same parties. Under these circumstances, the court may, after consulting with the parties and with the arbitrators join the request to the pending proceeding.

  11. 11.Groups of companies
    Is the “group of companies doctrine” (or any other method of piercing the corporate veil) recognised in your jurisdiction?

    The group of companies doctrine and piercing of the corporate veil is recognised in Singapore, and this has been successfully applied in arbitrations.

  12. 12.Separability
    Are arbitration clauses considered separable from the main contract?

    Yes. The International Arbitration Act is enacted to give legal effect to the UNCITRAL Model Law on International Commercial Arbitration. Article 16(1) of the Model law states that:

    “The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the 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.”

  13. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?

    Yes, the principle is recognised. Article 16(3) of the Model Law, which is given effect by the International Arbitration Act, states that:

    “The arbitral tribunal may rule of a plea [that the tribunal does not have jurisdiction] 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 that 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.”

    However, this article has been modified by section 10 of the International Arbitration Act, allowing an appeal of the court’s ruling to lie to the Court of Appeal if the High Court should give leave to do so.

  14. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?

    An arbitration agreement would have to be in writing and be signed by both parties to be valid. No specific wording is required, but there must be a clear and unambiguous intention to arbitrate.

    The International Arbitration Act defines an “arbitration agreement” as an agreement in writing referred to in Article 7 of the Model Law and includes:

    (a) an agreement made by electronic communications if the information contained therein is accessible as to be useable for subsequent reference; and

    (b) an agreement deemed or constituted under subsection (3) or (4).

    Article 7 of Model Law on Definition and form of an arbitration agreement reads as follows:

    (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 the 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 telecommunications 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 as to make that clause part of the contract.

  15. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?

    Institutional international arbitrations are more common than ad hoc international arbitration in Singapore and the most popular institutional international arbitrations are the SIAC arbitrations and ICC arbitrations. The SIAC administers most of its cases under its own SIAC Rules, the latest edition of which is the fourth edition which came into effect on 1 July 2010. International arbitration may also be carried out under ad hoc rules, and the SIAC is able to administer arbitrations under any rules agreed to by parties, such as the UNCITRAL rules.

  16. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.

    Rule 9 of the SIAC Rules provides for the procedure of appointing arbitrators where there are more than two parties involved in an arbitration. Where only one arbitrator is to be appointed, all the parties must agree on a joint nomination of the arbitrator within 28 days of the filing of the Notice of Arbitration or a time period agreed upon by all parties. Where the nomination is not made within the stipulated time period, the chairman of the SIAC is to appoint an arbitrator.

    Where there are three arbitrators to be appointed in a multi-party arbitration, the claimants are to nominate one arbitrator and the respondents are to nominate one arbitrator. These nominated arbitrators would then nominate a third arbitrator. Should parties fail to do so, the chairman of SIAC is to appoint all three arbitrators and authorise one of them to act as the presiding arbitrator.

    17. Commencing the arbitration

  17. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?

    Arbitrations are generally commenced by a party serving a notice of arbitration or a request for arbitration depending on the arbitration clause or the arbitration rules adopted. The SIAC Rules specify a procedure to commence arbitration under these rules. According to Rule 3 of the SIAC rules, a party wishing to commence an arbitration is to file a Notice of Arbitration with the Registrar which is to include required particulars set out in that Rule of the Rules. The date of commencement of the arbitration will be taken to be the date of receipt of the complete Notice of Arbitration.

    A party can apply for the arbitration to be conducted under Rule 5 of the Expedited Procedure if the amount in dispute does not exceed S$5 million (being the aggregate amount of the claim, counterclaim and any set-off defence; where the parties so agree; or in cases of exceptional urgency.

    According to section 8A of the International Arbitration Act, the limitation period for particular actions contained in the Limitation Act (cap 163) is applicable to international arbitrations that take place in Singapore. By this Act, claims in tort and contract are limited to six years from the time the right of action accrued. Actions to recover land may also not be brought twelve years from the time the right of action accrued, and actions to recover rent must be brought within six years of the right of action.

    18. Choice of Law

  18. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?

    The substantive law to be applied to the arbitration would usually be that which is chosen to govern the contract. If the contract remains silent as to the applicable substantive law, Rule 27 of the SIAC Rules state that the tribunal is to apply the law that it determines to be appropriate to the arbitration.

    19. Appointing the tribunal

  19. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?

    Generally there is no restriction on the party’s choice of arbitrator, save from the requirements of independence and impartiality. Parties are open to impose specific restriction on who may be an arbitrator, and arbitrators may be of any nationality and training.

  20. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?

    Non-nationals of Singapore are free to act as arbitrators in international arbitrations. They would not require a work pass to carry out arbitration services. Arbitration services may be performed while on a Social Visit Pass to Singapore, but the foreign arbitrator should note that the Social Visit Pass is subject to a maximum of 60 days. It is also noted that foreign arbitrators would not have to pay withholding tax, so long as arbitration services in Singapore are carried out for fewer than 183 days in a year.

  21. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?

    By Rule 7.2 of the SIAC Rules, where the parties have failed to appoint a sole arbitrator, the chairman of the SIAC will make the appointment.

    According to section 9 of the International Arbitration Act and Rule 7.2 of the SIAC Rules, if there is no indication of the number of arbitrators to be appointed, the chairman of the SIAC will make the appointment.

    According to section 9A(2) of the International Arbitration Act, read with Rule 8.3 of the SIAC Rules, where two of three arbitrators have been appointed by parties and the two arbitrators have failed to appoint the third arbitrator, the chairman of the SIAC will appoint the third arbitrator.

  22. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?

    Section 25 of the International Arbitration Act provides for immunity for an arbitrator for negligence in respect of anything done or omitted to be done in the capacity of arbitrator, and for any mistake in law, face or procedure made in the course of arbitral proceedings or in the making of an arbitral award.

  23. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?

    SIAC fixes the fees of all arbitrators arbitrating under its auspices and these are fixed on the basis of hourly rates subject to a certain cap. When fixing these fees, the need to secure payment of fees as far as possible is taken into account.

    24. Challenges to arbitrators

  24. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?

    According to Rule 11 of the SIAC Rules, the appointment of an arbitrator may be challenged if there are justifiable doubts as to the arbitrator’s impartiality or independence, or if the arbitrator does not possess any qualification that the parties require the arbitrator to have. A challenge may only be brought against the arbitrator he appointed for reasons that he becomes aware of following the appointment.

    A notice of challenge is to be filed with the registrar and sent to the other party within 14 days of the receipt of the notice of appointment of arbitrator. Such a notice must be in writing and state the reasons for the challenge. A committee of the board, made up of at least two members of the board of directors of the SIAC appointed by the chairman of the SIAC, will decide on the challenge within seven days of the notice of challenge of arbitrator. Such a decision will be final and no appeal is available.

    25. Interim relief

  25. 25.Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?

    Section 12 of the International Arbitration Act and Rule 26 of the SIAC Rules allow for the Tribunal to grant an injunction or other interim relief that is deemed appropriate. SIAC Rules further provide for emergency interim relief procedure in schedule 1 to the SIAC Rules. Rule 26 states that an interim relief obtained from a judicial authority prior to the constitution of the Tribunal remains compatible with the SIAC Rules.

  26. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?

    Section 12 of the International Arbitration Act and Rule 26 of the SIAC Rules also allow for the Tribunal to order the party requesting interim relief to provide appropriate security for the interim relief sought. Section 12 (4) of the International Arbitration Act states that an order of security for costs may not be made for the sole reason that the individual is ordinarily resident or the company is incorporated outside Singapore. Section SIAC Rules further provide for emergency interim relief procedure in Schedule 1 to the SIAC Rules.

    27. Procedure

  27. 27.Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (e.g. general duties of the tribunal and/or the parties)?

    The general rule as to the conduct of a SIAC arbitration, found in Rule 16.1 of the SIAC Rules, is that the arbitration is to be conducted in a manner that, in consultation

    with the parties, is considered appropriate to ensure the fair expeditious, economical and final determination of the dispute.

  28. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?

    Rule 21.3 of the SIAC Rules provide that, if a party to the arbitration fails to participate without sufficient cause, it is open to the tribunal to proceed with the arbitration without that party, and make an award based on the submissions and evidence before it.

    Section 14(1) of the International Arbitration Act allows for a subpoena to testify may be taken out to compel the attendance of a witness within Singapore before the arbitral tribunal. If a party refuses to participate in an arbitration, this may force him to appear and testify.

  29. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?

    Section 12 of the International Arbitration Act and Rule 24 (i) of the SIAC Rules allow for the arbitral tribunal to make orders and give directions to parties for the giving of evidence by affidavit. By Rule 16.2 of the SIAC Rules, it is for the Tribunal to determine the relevance, materiality and admissibility of all evidence and the strict application of the laws of evidence need not occur.

    According to article 5.2 of the SIAC Rules, in an arbitration conducted according to the Expedited Procedure under the SIAC Rules, the Tribunal will hold a hearing for the examination of witnesses and oral evidence, unless the parties have agreed to have the dispute decided upon the basis of document evidence only.

    The IBA Rules on the Taking of Evidence in International Commercial Arbitration is usually taken into account.

  30. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?

    Section 12(6) of the International Arbitration Act states that all orders or directions of an arbitral tribunal shall, by leave of the High Court, be enforceable in the same manner as an order of court. If such leave is given, a judgment may be entered in terms of the order or direction of the tribunal as to the giving of evidence.

    Section 13 (1) of the International Arbitration Act also provides for the taking out of a subpoena for the production of documents. However, section 13(4) qualifies this by stating that such a subpoena will not allow the compulsion of production of documents for arbitration where the same could not be compelled in trial.

  31. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?

    Section 12 of the International Arbitration Act allows for the arbitral tribunal to make orders and give directions to parties for discovery of documents and interrogatories.

  32. 32.Hearings
    Is it mandatory to have a final hearing on the merits?

    By Rule 21.1 of the SIAC Rules, save for where the parties have agreed to a documents-only arbitration, where the tribunal decides it is appropriate to do so or either party requests to, the tribunal is to hold a hearing on the merits of the dispute. If the tribunal decides it is not essential to and neither party requests a hearing on the merits, it is acceptable for the tribunal to proceed without such a hearing.

  33. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?

    Rule 18.2 of the SIAC Rules allows for the tribunal to hold hearings and meetings at any location, and by any means, that is considered expedient, convenient and appropriate.

    34. Award

  34. 34.Majority decisions
    Can the tribunal decide by majority?

    Rule 28.5 of the SIAC Rules allow for a majority award to be made by a tribunal that consists of more than one arbitrator.

  35. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?

    There do not appear to be particular forms of remedy or relief that an arbitral tribunal in Singapore is not to grant. Section 12(6) of the International Arbitration Act states that any order of an arbitral tribunal is to be enforceable in the same manner as though they were orders of the court, and thus it is logical that any order that a court can make in its civil jurisdiction is open to be made by an arbitral tribunal.

  36. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?

    Dissenting opinions are not permitted in Singapore. If there is more than one arbitrator and the tribunal is unable make a majority decision, by Rule 28.5 of the SIAC Rules, only the presiding arbitrator is to make the award for the tribunal.

  37. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?

    Article 31 of the Model Law states that the award made by the tribunal is to be in writing, signed by the arbitrator(s) and is to state the reasons for the award, unless parties have agreed that the reasons need not so be stated. The award is also to be

    dated and the place of arbitration stated. A copy of the award is to be delivered to each party to the arbitration. Section 19B(3) of the International Arbitration Act states that the award is only validly made when it is signed and delivered in accordance with Article 31 of the Model Law.

    Rule 28.2 of the SIAC Rules provides for further formalities for SIAC arbitration awards. A draft of the award is to be submitted to the registrar of the SIAC within 45 days of the close of arbitration proceedings. The registrar may suggest modification to the form of the award and may bring points of substance to the tribunal’s attention, being careful not to step on the tribunal’s liberty of decision. The SIAC Rules stipulate clearly that an award is not to be issued without the approval of the registrar as to the form of the award.

  38. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?

    Section 19 of the International Arbitration Act allows for the arbitration award to be enforced in the same manner as a judgment or order to the same effect with leave of the High Court, and judgment may be entered in terms of the award. Section 6(3) of the Limitation Act disallows the bringing of an action upon a judgment after 12 years from the date that the judgment became enforceable. As such, parties must take care to enforce an arbitration award within 12 years of the award.

    Section 19B(2) of the International Arbitration Act stated that varying, amendment, correction, review, addition to or revocation of the arbitration award may only be done in accordance of articles 33 and 34(4) of the Model Law. By article 33, correction of an award must be made within 30 days of the making of the award, if the correction is of the tribunal’s own initiative, or within 30 days of receipt of request for correction, if one of the parties makes an application for correction and such an application is justified. Rule 29.1 of the SIAC Rules modifies this procedure slightly by requiring that any correction of award is to be requested within 30 days of the receipt of the award, any other party is to comment on such a request within 15 days of receipt of such a request, and the tribunal is to make the correction within 30 days of the receipt of the request.

    39. Costs and interest

  39. 39.Costs
    Are parties able to recover fees paid and costs incurred? Does the “loser pays” rule generally apply in your jurisdiction?

    Typically in arbitrations, an order will be made for legal costs incurred by a winning party to be paid in part or in full by the losing party. If the arbitrator does not fix the costs, section 21 of the International Arbitration Act allows for taxation of costs by the Registrar of the SIAC. It should be noted that a taxation fee would be payable at the time of the request for taxation. Rule 33 of the SIAC Rules also allow for an order to be made for the legal costs incurred by a party to be paid in part or in full by the other party.

  40. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?

    Section 20 of the International Arbitration Act provides for interest to be carried with the sum awarded from the date of the award and at the same rate as a judgment debt, unless the award specifically states otherwise.

    41. Challenging awards

  41. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?

    Section 19B of the International Arbitration Act states that an award made by the tribunal is final and binding upon the parties to the arbitration agreement. However, by section 19B(4) of the International Arbitration Act, this is to be read together with article 34(2) of the Model Law, which sets out particular circumstances in which a party to the arbitration may make an application to the court for the arbitration award

    to be set aside. These circumstances include a party to the arbitration being under some incapacity, the arbitration agreement not being valid under the substantive law selected, improper notice of arbitrator appointment or arbitral proceedings that prevented a proper presentation of the case, the dispute not being covered by the arbitration agreement and the composition of the tribunal not being in compliance. Article 34(3) of the Model Law requires that a challenge of an arbitration award must be brought within three months of the date of receipt of the award by the party making the application.

    Section 24 of the International Arbitration Act also states than in addition to those grounds set out in article 34(2) of the Model Law, the High Court may set aside the award of the tribunal if the making of the award was induced or affected by fraud or corruption, or a breach of natural justice or prejudice to the rights of any party has occurred in the making of the award.

  42. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?

    According to article 34(2)(b) of the Model Law, the High Court is to set aside an arbitration award if it should find that the dispute is not one that is capable of settlement by arbitration or that the award made was contrary to public policy.

  43. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?

    It does not appear to be available to parties to an international arbitration to exclude the right of recourse against an arbitration award under the International Arbitration Act or Model Law.

    44. Enforcement in your jurisdiction

  44. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?

    Sections 31(1) and 31(2)(f) of the International Arbitration Act specifically provide that the Singapore courts may refuse to enforce a foreign arbitration award where the arbitral award in question 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.

  45. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?

    The general tenor of the Singapore courts is that the arbitration process and the arbitrator’s authority should be respected to the extent agreed upon by the parties, with the adoption of a formalistic and not substantive approach towards the examination of evidence relevant to enforcement; and that the grounds for removal of the arbitrator and the bases for arbitral decisions to be set aside should be limited and stringent. Setting aside will only be allowed on the grounds as set out in paragraph 41 above.

    It should noted that despite the stringency of these grounds, the Singapore courts have no hesitation whatsoever in setting aside an award for which the tests are satisfied.

  46. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

    There is no specific provision in the International Arbitration Act for a defence of state or sovereign immunity to an enforcement of arbitral award and no such defence has succeeded in Singapore.

    47. Further considerations

  47. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?

    Rules 21.4 and 35 of the SIAC Rules provide that all proceedings of arbitrations will be private and confidential, unless the parties to the arbitration agree otherwise.

  48. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?

    Rules 21.4 and 35 of the SIAC Rules provide that evidence produced and pleadings filed will be private and confidential, unless the parties to the arbitration agree otherwise.

  49. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?

    Arbitrators with the SIAC will be subject to the SIAC’s code of ethics. Save for this code, the Model Law requires arbitrators to be impartial and independent. Failure to adhere to these two qualities could lead to a challenge of arbitrators under article 12 of the Model Law. Given that a large portion of arbitrators are lawyers, the Legal Profession Act and Legal Profession (Professional Conduct) Rules would apply to these arbitrators. Arbitrators of other professions would be subject to the ethical rules and professional conduct rules applicable to their respective professions as well. Such rules include the Professional Engineers (Code of Professional Conduct and Ethics) Rules, made under the Professional Engineers Act (Cap. 256), and the Architects

    (Professional Conduct and Ethics) Rules 2001, made under the Architects Act (Cap. 12).

  50. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?

    Foreign counsel or arbitrators arbitrating at the SIAC may be required to adhere to the SIAC’s code of ethics.

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