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Singapore - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Author(s): 
Gerald Kuppusamy
Jennifer Fong
Page Count: 
22 pages
Published: 
March, 2013
Jurisdictions: 
Singapore
Practice Areas: 
Court Decisions,
Recourse Against Award Generally,
Interim Measures of Protection,
National Legislation
Author Detail: 

Gerald Kuppusamy is a Senior Legal Consultant in Baker & McKenzie, Wong & Leow in Singapore. 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.

Jennifer Fong is an Associate in the Dispute Resolution Group of Baker & McKenzie, Wong & Leow in Singapore.

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Amendments to the International Arbitration Act

The International Arbitration Act3 (“IAA”) provides the legislative framework that governs the conduct of international arbitrations in Singapore. On 1 June 2012, amendments to the IAA came into effect in order to:

(a) clarify that awards and orders given by emergency arbitrators are enforceable by the High Court;
(b) clarify that certain orders and directions of interim measures made by arbitral tribunals in arbitrations outside Singapore are enforceable by the High Court;
(c) permit an appeal to the High Court and the Court of Appeal
on a tribunal’s ruling that it does not have jurisdiction;
(d) expand an arbitral tribunal’s powers to award interest; and
(e) expand the definition of “arbitration agreement” by

providing that the requirement that it “shall be in writing” is met if “its content is recorded in any form,” however the arbitration agreement was concluded.

Table of Contents: 

A. Legislation, Trends and Tendencies

A.1 Amendments to the International Arbitration Act

B. Cases

B.1 Lack of Jurisdiction May Not Be Invoked as Grounds for Resisting Enforcement of a Singapore Award after the Time Limits in Articles 16 and 34 of the Model Law
B.2 Award Will Be Set Aside for Breach of Natural Justice if Material Excluded Could Reasonably Have Made a Difference
B.3 The Role of Pleadings in Arbitration
B.4 Interim Orders Cannot Be Set Aside as They Are Not Awards

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures