Singapore - Chapter 12 - International Commercial Arbitration in Asia - 3rd Edition

Lih Shyng Yang is a Partner of Rajah & Tann LLP, Singapore, and Chief Representative of its Shanghai Office. Leslie Chew is a Senior District Judge in the Subordinate Courts of Singapore.

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Originally from: International Commercial Arbitration in Asia - 3rd Edition

I. INTRODUCTION

Arbitration is being utilized with increasing frequency in Singapore, reflecting the country’s status as a leading global financial and commercial centre. With its common law heritage, well-respected legal system, and diverse Asian population, Singapore offers an attractive environment for international commercial arbitration in Southeast Asia. Arbitration is also facilitated by the existence of a well-respected institution, the Singapore International Arbitration Centre, and the country’s decision to adopt the UNCITRAL Model Law as the basis for regulating international arbitration.

The Arbitration Act, first enacted in 1953, was the first Singapore statute to establish a legislative regime regulating arbitration proceedings and the enforcement of arbitral awards. The Act did not make a distinction between those arbitrations that involve a foreign or international element and those that do not. Both the Arbitration (International Investment Disputes) Act of 1985 and the Arbitration (Foreign Awards) Act of 1986 (predecessor to the International Arbitration Act), deal with disputes and awards that involve an international element. The 1985 Arbitration Act is mainly applied to domestic arbitrations—see below for the current position.

Table of Contents:

Chapter 12

Arbitration in Singapore
I. Introduction
II. The Legal Framework for International Arbitration in Singapore
A. Applicable Laws
B. The Role of Courts
C. Form of Arbitration Agreements
D. Arbitrability of Claims
E. Selection of and Challenge to Arbitrators
F. Place and Language of Arbitration
G. Conduct of Proceedings
H. Issuance and Correction of the Arbitral Award
I. Local Practice and Licensing Requirements for Foreign Lawyers
J. Arbitral Choice of Law, Lex Mercatoria and Amiable Composition
K. Interim Measures, Costs etc.
III. Arbitration Practice in Singapore
A. Arbitration Institutions
B. The Arbitrator as Mediator/Conciliator
C. Ethics of Arbitrators and Rules of Professional Responsibility
1. Ethics
2. Immunity
D. Particular Features of Arbitration in Singapore
IV. Enforcement of Arbitral Awards
A. Awards Made in Singapore
1. Awards Made under the Arbitration Act
2. Awards Made under the International Arbitration Act
B. Awards Made outside Singapore
C. Enforcement of Arbitral Awards as Judgments
1. Suing at Common Law
2. Reciprocal Enforcement of Commonwealth Judgments Act (RECJA)
3. Reciprocal Enforcement of Foreign Judgments Act (REFJA)
4. Arbitration (International Investment Disputes) Act
5. Means of Enforcement of a Judgment
V. Conclusion