Singapore - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
International arbitration in Singapore continues to be governed by the International Arbitration Act (“IAA”), the Arbitration Act (“AA”) and the Arbitration (International Investment Disputes) Act, to which no legislative amendments were made in 2014.
A.2 Trends and Tendencies
The Singapore International Commercial Court (the “SICC”), which is anticipated to have a diverse panel of judges (including eminent international judges), has been set up in January 2015. The SICC will have jurisdiction to hear cases that are international and commercial in nature. Further, a new Singapore International Mediation Centre, which is anticipated to have an international panel of experienced mediators, has also been established. These new institutions are envisioned to complement the existing arbitration industry in Singapore with the aim of offering users in the region a selection of efficient and dependable dispute resolution platforms, being litigation, arbitration or mediation.
B.1 Minority Oppression Claims Are Generally Not Arbitrable
In Silica Investors v Tomolugen Holdings Ltd,3 the Singapore High Court ruled that a stay of Singapore court proceedings under s. 6(2) of the IAA cannot be granted in the case of a nonarbitrable claim, and that most minority oppression claims are generally not arbitrable, except in exceptional cases where all shareholders are bound by the arbitration agreement and the remedy or relief sought would affect only the parties to the arbitration.