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Singapore - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Shum Wai Keong
Leng Sun Chan
Celeste Ang
Gerald Kuppusamy
Page Count: 
18 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Singapore
Practice Areas: 
Public Policy Favoring Arbitration,
Formal Requirements,
Arbitral Process
Author Detail: 

 

Chan Leng Sun is a Partner and co-head of the Dispute Resolution Practice in Baker & McKenzie’s Singapore office. He was appointed Senior Counsel by the Chief Justice of Singapore in January 2011. Apart from being counsel, he is an arbitrator and adjudicator on the panels of leading dispute resolution bodies in Singapore, Malaysia and China, such as SIAC, SCMA, KLRCA, CIETAC and CMAC. He also serves as arbitrator in ICC, LMAA as well as ad hoc arbitrations.

Celeste Ang is a Partner in Baker & McKenzie’s Singapore office. Her practice encompasses corporate litigation and arbitration, both domestic and international. Ms. Ang specializes in intellectual property, employment & labor law and oil and energy-related disputes.

Gerald Kuppusamy is a Senior Associate in Baker & McKenzie’s Singapore office. He advises clients on cross-border litigation and international arbitration in a wide variety of commercial disputes, and is a Fellow of both the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

Shum Wai Keong is an Associate in Baker & McKenzie’s Singapore office and a member of the Firm’s Global Dispute Resolution Group.

 

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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SINGAPORE
Chan Leng Sun, S.C., Celeste Ang, Gerald Kuppusamy and Shum Wai Keong

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Proposed Amendments to the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“IAA”)

The IAA provides the legislative framework that governs the conduct of international arbitrations in Singapore. Public consultation has been sought on the following proposals to amend the IAA:

(a) to adopt Option 1 of Article 7 of the UNCITRAL Model Law on the definition of “arbitration agreement.” Option 1 does not require that the arbitration agreement be signed. It is required

Table of Contents: 

SINGAPORE
Chan Leng Sun, S.C., Celeste Ang, Gerald Kuppusamy and Shum Wai Keong

A. Legislation, Trends and Tendencies
A.1 Proposed Amendments to the International Arbitration Act
A.2 Proposed Enactment of Foreign Limitations Periods Bill
B. Cases
B.1 Avoidance Claims in Insolvency Non-Arbitrable, but Pre-Insolvency Disputes Remain Arbitrable after the Commencement of Winding Up
B.2 Setting Aside Arbitration Awards for Exceeding the Scope of Submission to Arbitration
B.3 Arbitrators May Only Decide within the Boundaries of the Parties' Pleadings
B.4 Arbitral Award May Be Set Aside on Public Policy Grounds If It Enforces an Agreement with the Object of Breaching International Comity
C. Public Policy in International Arbitration
C.1 Reliance on Public Policy
C.2 Rules that Constitute Public Policy
C.3 Limitations on and Review of Alleged Breaches of Public Policy