Singapore - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Timothy Cooke is a Partner in Baker & McKenzie’s Singapore office. He advises clients in litigation and international arbitration in a wide variety of commercial disputes, particularly in the areas of oil and gas, insurance and reinsurance, telecommunications, engineering and construction, banking and trusts.

Shuan Lee is an Associate in Baker & McKenzie’s Singapore office and a member of the Firm’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

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A. LEGISLATION, TRENDS AND TENDENCIES

Singapore has long enjoyed a reputation of being one of the leading centers for international arbitration in Southeast Asia. Both the courts and the government are committed to promoting and supporting international arbitration as an alternative meansof dispute resolution. The courts will uphold parties’ intentions to arbitrate, even where these intentions have been poorly expressed. The courts are also very reluctant to set aside arbitration awards. Similarly, the Singapore government has been proactive with legislative initiatives to promote the efficacy and efficiency of the arbitral process. One such example is the recently amended International Arbitration Act (Cap 143A) (the “IAA”), which amendments took effect on 1 January 2010.

The three key amendments to the current arbitration regime are:

• The introduction of court-ordered interim measures in support of foreign arbitrations (arbitrations that are not seated in Singapore);

• The definition of an arbitration agreement to include agreements made electronically; and

• Authentication of awards “made in Singapore” to aid enforcement of awards under the New York Convention.

Table of Contents:

A. Legislation, Trends and Tendencies B. Cases B.1 Conflict of Dispute Resolution Clauses in Related Contracts B.2 Arbitral Award Will Not Be Set Aside on Grounds Other Than Those in the IAA B.3 Arbitral Award Set Aside on Public Policy Grounds—Illegality B.4 Court’s Exercise of Its Discretion to Refer an Interpleader Issue to Arbitration under the IAA C. Insolvency Issues in Arbitration C.1 Mandatory Stay Provisions and Arbitration—Distinction between Foreign and Local Arbitrations? C.2 Non-Arbitrability of Insolvency and Insolvency-Related Claims C.3 Requirement of Consent by Companies in Schemes of Arrangement to Accept Commencement of Arbitration C.4 Third Party Proprietary Interest May Defeat Arbitration Agreement and Stay of Proceedings