Claimant GMU memo - it is a moot memo of GMU Maritime Arb. moot. 2.2.1 Arbitration in Singapore can be administered by an arbitral institution, such as the Singapore International Arbitration Centre ( SIAC ), or it can be administered on an ad hoc basis. Model Clauses - Singapore International Arbitration Centre 2A Definition and form of arbitration agreement, 4 Interpretation of Model Law by use of extrinsic material, 6 Enforcement of international arbitration agreement, 8 Authorities specified for purposes of Article 6 of Model Law, 8A Application of Limitation Act1959 and Foreign Limitation Periods Act2012, 9 Number of arbitrators for purposes of Article 10(2) of Model Law, 9A Default appointment of arbitrators in arbitration with 2parties, 9B Default appointment of arbitrators in arbitration with 3 or more parties, 11A Reference of interpleader issue to arbitration, 13 Order to attend and order to produce documents, 15 Law of arbitration other than Model Law, 17 Power of arbitrator to act as conciliator, 19C Authentication of awards and arbitration agreements, 23 Restrictions on reporting of proceedings heard in private. 2A Definition and form of arbitration agreement, 4 Interpretation of Model Law by use of extrinsic material, 6 Enforcement of international arbitration agreement, 8 Authorities specified for purposes of Article 6 of Model Law, 8A Application of Limitation Act1959 and Foreign Limitation Periods Act2012, 9 Number of arbitrators for purposes of Article 10(2) of Model Law, 9A Default appointment of arbitrators in arbitration with 2parties, 9B Default appointment of arbitrators in arbitration with 3 or more parties, 11A Reference of interpleader issue to arbitration, 13 Order to attend and order to produce documents, 15 Law of arbitration other than Model Law, 17 Power of arbitrator to act as conciliator, 19C Authentication of awards and arbitration agreements, 23 Restrictions on reporting of proceedings heard in private. (2)Subject to the Rules of Court and to any necessary modification, the same law and practice apply in relation to property retained pursuant to an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order. (5)Without prejudice to the application of Article28 of the Model Law, an arbitral tribunal, in deciding the dispute that is the subject of the arbitral proceedings. The Arbitration Ordinance 1809 stood undisturbed for nearly 150 years until it was replaced by the Arbitration Ordinance in 1953.2 Singapore International Arbitration Act: A Commentary (1) In this Act, "arbitration agreement" means 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. Copyright 2022 Government of Singapore. National University of Singapore since 1994. Under the Singapore International Arbitration Act (Cap 143A), Kevin is the statutory taxation authority and he is empowered to authenticate and certify awards and arbitration agreements. (4)An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct or by other means. The Online Safety (Miscellaneous Amendments) Bill ("Bill") has been passed in Parliament to enhance online safety for users in Singapore through measures to tackle harmful content on online services.. Regulation of providers of online communication services. The Arbitration Act (Cap 10) provides the legislative framework for domestic arbitrations proceeding in Singapore. (2)The president of the Court of Arbitration of the Singapore International Arbitration Centre is to be taken to have been specified as the authority competent to perform the functions under Article11(3) and (4) of the Model Law. (1)In this Act, arbitration agreement means 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. Part 2 INTERNATIONAL COMMERCIAL ARBITRATION, Part 2A ARBITRATIONS RELATING TO INTELLECTUAL PROPERTY RIGHTS, FIRST SCHEDULE (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. International Arbitration Act 1994 - Singapore Statutes Online International Arbitration Act 1994(No. (2)The court to which an application has been made in accordance with subsection(1) is to make an order, upon such terms or conditions as the court thinks 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. may, by permission of the General Division of the High Court, be enforced in the same manner as a judgment or an order to the same effect, and where permission is so given, judgment may be entered in terms of the award. Copyright 2022 Government of Singapore. (3)The Chief Justice may, if he or she thinks fit, by notification in the, (2)The General Division of the High Court may order that in computing the time prescribed by the Limitation Act1959 or the Foreign Limitation Periods Act2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter of, an award which the General Division of the High Court orders to be set aside or declares to be of no effect; or. 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; if a party does not have a place of business, a reference to the partys place of business is to be construed as a reference to the partys habitual residence. on a plea as a preliminary question that it has jurisdiction; or. He is the author of "Halsbury's Laws of Singapore Volume 1 . any party may, within 30days after having received notice of that ruling, apply to the General Division of the High Court to decide the matter. Singapore: The International Arbitration Act In Singapore - Mondaq PDF (CHAPTER 143A) International Arbitration Act Table of Contents Part I The Singapore Arbitration Regime and the UNCITRAL Model Law - OUP Academic See also. International Arbitration Act - Singapore International Arbitration Centre See also. An Act to make provision for the conduct of international commercial arbitrations based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law and conciliation proceedings and to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and for matters connected therewith. Singapore International Arbitration Act: A Commentary (1)This Part does not apply in relation to an international arbitration between parties to an arbitration agreement that was commenced before 27 January 1995 unless the parties have (whether in the agreement or in any other document in writing) otherwise agreed. This Act may be cited as the International Arbitration Act. (1)This Part and the Model Law do not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part or the Model Law is to apply to that arbitration. International Trade Law v Versus . [27th January 1995] PART I PRELIMINARY Short title 1. SIAC Singapore International Arbitration Centre. (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 president of the Court of Arbitration of the Singapore International Arbitration Centre may, on the application of any party to the agreement, appoint a conciliator who is to have the like powers to act in the conciliation proceedings as if he or she had been appointed in accordance with the terms of the agreement. (1)Unless otherwise agreed by the parties, the arbitral tribunal may make more than one award at different points in time during the arbitral proceedings on different aspects of the matters to be determined. International Arbitration Act 1994 Status: Current version as at 24 Nov 2022 International Arbitration Act 1994 Timeline Subsidiary Legislation Amendment Annotation Actions PART 1 PRELIMINARY Short title 1. Copyright 2022 Government of Singapore. PART II INTERNATIONAL COMMERCIAL . Singapore Management University Institutional Knowledge at Singapore (2)To avoid doubt, a provision in an arbitration agreement referring to or adopting any rules of arbitration is not of itself sufficient to exclude the application of the Model Law or this Part to the arbitration concerned. (1)To avoid doubt, it is declared that a provision of rules of arbitration agreed to or adopted by the parties, whether before or after the commencement of the arbitration, applies and is given effect to the extent that the provision is not inconsistent with a provision of the Model Law or this Part from which the parties cannot derogate. is to be treated as an award on an arbitration agreement; and. All rights reserved. (3)The General Division of the High Court may also issue an order under section38 of the Prisons Act1933 to bring up a prisoner for examination before an arbitral tribunal. International Arbitration Act 1994 - Singapore Statutes Online - AGC (8)A reference in a bill of lading to a charterparty or other document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading. The International Arbitration Act in Singapore. All rights reserved. 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; one of the following places is situated outside the State in which the parties have their places of business: the place of arbitration if determined in, or pursuant to, the arbitration agreement; 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. (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, setoff or otherwise in any proceedings in any court of competent jurisdiction. on a plea at any stage of the arbitral proceedings that it has no jurisdiction. When in force, the Bill will introduce a new Part 10A in the Broadcasting Act 1994 to regulate . 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. 10, 1985Revised Edition) is to apply to the arbitration. Revised Editions of Subsidiary Legislation. (6)Where the General Division of the High Court, or the appellate court on appeal, decides that the arbitral tribunal has jurisdiction, the arbitral tribunal must continue the arbitral proceedings and make an award; and. Singapore Court of Appeal affirms strict adherence to defined scope of remission of arbitral awards in cases where set aside applications have been suspended (CKH v CKG [2022] SGCA (I) 6) Singapore Court of Appeal clarifies grounds for setting aside arbitral awards and applicability of 'no evidence rule' in Singapore (CEF and CEG v CEH) (4)If the case is one of urgency, the General Division of the High Court may, on the application of a party or proposed party to the arbitral proceedings, make such orders under subsection(2) as the General Division of the High Court thinks necessary for the purpose of preserving evidence or assets. (1)This section applies to proceedings under this Act in any court heard in private. (1)If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn the partys written consent, an arbitrator or umpire may act as a conciliator. It completed its report in August 1993. PDF The Statutes of The Republic of Singapore International Arbitration Act Knowledge Highlights 24 November 2022. the stay be conditional on the provision of equivalent security for the satisfaction of any such award. Unlike the International Arbitration Act, the court is not compelled to grant a stay, but has the discretion to do so. (1)Subject to this Act, the Model Law, with the exception of ChapterVIII of the Model Law, has the force of law in Singapore. International arbitration law and rules in Singapore - CMS An Act to make provision for the conduct of international commercial arbitrations based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law and conciliation proceedings and to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and for matters connected therewith. See also. He also teaches at Bond University, Australia. Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958, Select the provisions you wish to print using the checkboxes and then click the relevant "Print", Please check the legislation timeline to ensure that you are viewing the correct legislation version. (3)Where an award directs a sum to be paid, that sum, unless the award otherwise directs, carries interest as from the date of the award and at the same rate as a judgment debt. any sum which is awarded by the arbitral tribunal in the arbitral proceedings; any sum which is in issue in the arbitral proceedings but is paid before the date of the award; or. It may also apply to non-international arbitrations if the parties agree. PART II INTERNATIONAL COMMERCIAL . (1)Despite Article8 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 filing and serving a notice of intention to contest or not contest and before delivering any pleading (other than a pleading asserting that the court does not have jurisdiction in the proceedings) 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. After 25 years of the Arbitration Act 1996 ('the Act'), the UK Government has asked the Law Commission to revisit it to determine if any amendments might be required in various areas, in light of the many years experience since the Act came into force. The United Nations Commission on. 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The origins of Singapore statutory law on arbitration can be traced to the Arbitration Ordinance of 1809,1in what was then the British India-controlled Straits Settlements, comprising Singapore, Malacca and Penang. Claimant GMU memo - it is a moot memo of GMU Maritime Arb. moot. 2.2.1 Arbitration in Singapore can be administered by an arbitral institution, such as the Singapore International Arbitration Centre ( SIAC ), or it can be administered on an ad hoc basis. Model Clauses - Singapore International Arbitration Centre 2A Definition and form of arbitration agreement, 4 Interpretation of Model Law by use of extrinsic material, 6 Enforcement of international arbitration agreement, 8 Authorities specified for purposes of Article 6 of Model Law, 8A Application of Limitation Act1959 and Foreign Limitation Periods Act2012, 9 Number of arbitrators for purposes of Article 10(2) of Model Law, 9A Default appointment of arbitrators in arbitration with 2parties, 9B Default appointment of arbitrators in arbitration with 3 or more parties, 11A Reference of interpleader issue to arbitration, 13 Order to attend and order to produce documents, 15 Law of arbitration other than Model Law, 17 Power of arbitrator to act as conciliator, 19C Authentication of awards and arbitration agreements, 23 Restrictions on reporting of proceedings heard in private. 2A Definition and form of arbitration agreement, 4 Interpretation of Model Law by use of extrinsic material, 6 Enforcement of international arbitration agreement, 8 Authorities specified for purposes of Article 6 of Model Law, 8A Application of Limitation Act1959 and Foreign Limitation Periods Act2012, 9 Number of arbitrators for purposes of Article 10(2) of Model Law, 9A Default appointment of arbitrators in arbitration with 2parties, 9B Default appointment of arbitrators in arbitration with 3 or more parties, 11A Reference of interpleader issue to arbitration, 13 Order to attend and order to produce documents, 15 Law of arbitration other than Model Law, 17 Power of arbitrator to act as conciliator, 19C Authentication of awards and arbitration agreements, 23 Restrictions on reporting of proceedings heard in private. (2)Subject to the Rules of Court and to any necessary modification, the same law and practice apply in relation to property retained pursuant to an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order. (5)Without prejudice to the application of Article28 of the Model Law, an arbitral tribunal, in deciding the dispute that is the subject of the arbitral proceedings. The Arbitration Ordinance 1809 stood undisturbed for nearly 150 years until it was replaced by the Arbitration Ordinance in 1953.2 Singapore International Arbitration Act: A Commentary (1) In this Act, "arbitration agreement" means 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. Copyright 2022 Government of Singapore. National University of Singapore since 1994. Under the Singapore International Arbitration Act (Cap 143A), Kevin is the statutory taxation authority and he is empowered to authenticate and certify awards and arbitration agreements. (4)An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct or by other means. The Online Safety (Miscellaneous Amendments) Bill ("Bill") has been passed in Parliament to enhance online safety for users in Singapore through measures to tackle harmful content on online services.. Regulation of providers of online communication services. The Arbitration Act (Cap 10) provides the legislative framework for domestic arbitrations proceeding in Singapore. (2)The president of the Court of Arbitration of the Singapore International Arbitration Centre is to be taken to have been specified as the authority competent to perform the functions under Article11(3) and (4) of the Model Law. (1)In this Act, arbitration agreement means 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. Part 2 INTERNATIONAL COMMERCIAL ARBITRATION, Part 2A ARBITRATIONS RELATING TO INTELLECTUAL PROPERTY RIGHTS, FIRST SCHEDULE (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. International Arbitration Act 1994 - Singapore Statutes Online International Arbitration Act 1994(No. (2)The court to which an application has been made in accordance with subsection(1) is to make an order, upon such terms or conditions as the court thinks 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. may, by permission of the General Division of the High Court, be enforced in the same manner as a judgment or an order to the same effect, and where permission is so given, judgment may be entered in terms of the award. Copyright 2022 Government of Singapore. (3)The Chief Justice may, if he or she thinks fit, by notification in the, (2)The General Division of the High Court may order that in computing the time prescribed by the Limitation Act1959 or the Foreign Limitation Periods Act2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter of, an award which the General Division of the High Court orders to be set aside or declares to be of no effect; or. 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; if a party does not have a place of business, a reference to the partys place of business is to be construed as a reference to the partys habitual residence. on a plea as a preliminary question that it has jurisdiction; or. He is the author of "Halsbury's Laws of Singapore Volume 1 . any party may, within 30days after having received notice of that ruling, apply to the General Division of the High Court to decide the matter. Singapore: The International Arbitration Act In Singapore - Mondaq PDF (CHAPTER 143A) International Arbitration Act Table of Contents Part I The Singapore Arbitration Regime and the UNCITRAL Model Law - OUP Academic See also. International Arbitration Act - Singapore International Arbitration Centre See also. An Act to make provision for the conduct of international commercial arbitrations based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law and conciliation proceedings and to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and for matters connected therewith. Singapore International Arbitration Act: A Commentary (1)This Part does not apply in relation to an international arbitration between parties to an arbitration agreement that was commenced before 27 January 1995 unless the parties have (whether in the agreement or in any other document in writing) otherwise agreed. This Act may be cited as the International Arbitration Act. (1)This Part and the Model Law do not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part or the Model Law is to apply to that arbitration. International Trade Law v Versus . [27th January 1995] PART I PRELIMINARY Short title 1. SIAC Singapore International Arbitration Centre. (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 president of the Court of Arbitration of the Singapore International Arbitration Centre may, on the application of any party to the agreement, appoint a conciliator who is to have the like powers to act in the conciliation proceedings as if he or she had been appointed in accordance with the terms of the agreement. (1)Unless otherwise agreed by the parties, the arbitral tribunal may make more than one award at different points in time during the arbitral proceedings on different aspects of the matters to be determined. International Arbitration Act 1994 Status: Current version as at 24 Nov 2022 International Arbitration Act 1994 Timeline Subsidiary Legislation Amendment Annotation Actions PART 1 PRELIMINARY Short title 1. Copyright 2022 Government of Singapore. PART II INTERNATIONAL COMMERCIAL . Singapore Management University Institutional Knowledge at Singapore (2)To avoid doubt, a provision in an arbitration agreement referring to or adopting any rules of arbitration is not of itself sufficient to exclude the application of the Model Law or this Part to the arbitration concerned. (1)To avoid doubt, it is declared that a provision of rules of arbitration agreed to or adopted by the parties, whether before or after the commencement of the arbitration, applies and is given effect to the extent that the provision is not inconsistent with a provision of the Model Law or this Part from which the parties cannot derogate. is to be treated as an award on an arbitration agreement; and. All rights reserved. (3)The General Division of the High Court may also issue an order under section38 of the Prisons Act1933 to bring up a prisoner for examination before an arbitral tribunal. International Arbitration Act 1994 - Singapore Statutes Online - AGC (8)A reference in a bill of lading to a charterparty or other document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading. The International Arbitration Act in Singapore. All rights reserved. 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; one of the following places is situated outside the State in which the parties have their places of business: the place of arbitration if determined in, or pursuant to, the arbitration agreement; 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. (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, setoff or otherwise in any proceedings in any court of competent jurisdiction. on a plea at any stage of the arbitral proceedings that it has no jurisdiction. When in force, the Bill will introduce a new Part 10A in the Broadcasting Act 1994 to regulate . 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. 10, 1985Revised Edition) is to apply to the arbitration. Revised Editions of Subsidiary Legislation. (6)Where the General Division of the High Court, or the appellate court on appeal, decides that the arbitral tribunal has jurisdiction, the arbitral tribunal must continue the arbitral proceedings and make an award; and. Singapore Court of Appeal affirms strict adherence to defined scope of remission of arbitral awards in cases where set aside applications have been suspended (CKH v CKG [2022] SGCA (I) 6) Singapore Court of Appeal clarifies grounds for setting aside arbitral awards and applicability of 'no evidence rule' in Singapore (CEF and CEG v CEH) (4)If the case is one of urgency, the General Division of the High Court may, on the application of a party or proposed party to the arbitral proceedings, make such orders under subsection(2) as the General Division of the High Court thinks necessary for the purpose of preserving evidence or assets. (1)This section applies to proceedings under this Act in any court heard in private. (1)If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn the partys written consent, an arbitrator or umpire may act as a conciliator. It completed its report in August 1993. PDF The Statutes of The Republic of Singapore International Arbitration Act Knowledge Highlights 24 November 2022. the stay be conditional on the provision of equivalent security for the satisfaction of any such award. Unlike the International Arbitration Act, the court is not compelled to grant a stay, but has the discretion to do so. (1)Subject to this Act, the Model Law, with the exception of ChapterVIII of the Model Law, has the force of law in Singapore. International arbitration law and rules in Singapore - CMS An Act to make provision for the conduct of international commercial arbitrations based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law and conciliation proceedings and to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and for matters connected therewith. See also. He also teaches at Bond University, Australia. Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958, Select the provisions you wish to print using the checkboxes and then click the relevant "Print", Please check the legislation timeline to ensure that you are viewing the correct legislation version. (3)Where an award directs a sum to be paid, that sum, unless the award otherwise directs, carries interest as from the date of the award and at the same rate as a judgment debt. any sum which is awarded by the arbitral tribunal in the arbitral proceedings; any sum which is in issue in the arbitral proceedings but is paid before the date of the award; or. It may also apply to non-international arbitrations if the parties agree. PART II INTERNATIONAL COMMERCIAL . (1)Despite Article8 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 filing and serving a notice of intention to contest or not contest and before delivering any pleading (other than a pleading asserting that the court does not have jurisdiction in the proceedings) 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. After 25 years of the Arbitration Act 1996 ('the Act'), the UK Government has asked the Law Commission to revisit it to determine if any amendments might be required in various areas, in light of the many years experience since the Act came into force. The United Nations Commission on. 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