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Singapore Arbitration Act 2001 (First Read 25th September 2001, Passed 5 October 2001, Assented 27 October 2001, Commencement Date ...)

[Pre]

Part I - Preliminary

Short title and commencement

Interpretation

Application of this Act

Part II - Arbitration Agreement

Arbitration agreement

Arbitration agreement not to be discharged by death of party

Part III - Stay of Legal Proceedings

Stay of legal proceedings

Court's powers on stay of proceedings

Reference of interpleader issue to arbitration

Part IV - Commencement of Arbitration Proceedings

Commencement of arbitration proceedings

Powers of Court to extend time for beginning of arbitration proceedings

Application of Limitation Act

Part V - Arbitral Tribunal

Number of arbitrators

Appointment of arbitrators

Grounds for challenge

Challenge procedure

Failure or impossibility to act

Arbitrator ceasing to hold office

Appointment of substitute arbitrator

Decision by panel of arbitrators

Liability of arbitrator

Part VI - Jurisdiction of Arbitral Tribunal

Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction

Part VII - Arbitral Proceedings

General duties of arbitral tribunal

Determination of rules of procedure

Statements of claim and defence

Hearings and written proceedings

Consolidation of proceedings and concurrent hearings

Power to appoint experts

General powers exercisable by arbitral tribunal

Powers of arbitral tribunal in case of party's default

Witnesses may be summoned by subpoena

Court's powers exercisable in support of arbitration proceedings

Part VIII - Award

Law applicable to substance of dispute

Awards made on different issues

Remedies

Interest

Extension of time for making award

Award by consent

Form and contents of award

Costs of arbitration

Fees of arbitrator

Power to withhold award in case of non-payment

Court may charge property with payment of solicitor's costs in arbitration

Correction or interpretation of award and additional award

Effect of award

Part IX - Powers of Court in Relation to Aaward

Determination of preliminary point of law

Enforcement of award

No judicial review of award

Court may set aside award

Appeal against award

Supplementary provisions to challenge appeal

Effect of order of Court upon appeal or challenge against award

Application for leave of Court, etc.

Part X - Miscellaneous

Notice and other requirements in connection with legal proceedings

Powers of Court and Registrar

Rules of Court

Proceedings to be heard otherwise than in open court

Restrictions on reporting of proceedings heard otherwise than in open court

Application to references under statutory powers

Immunity of arbitral institutions

Service of notices

Reckoning periods of time

Appointment of mediator

Power of arbitrator to act as mediator

Act to bind Government

Repeal and transitional provisions

Consequential amendments to Bankruptcy Act

Consequential amendments to Limitation Act

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Singapore - Arbitration Act, 2001

Singapore

copy @ Lex Mercatoria

Singapore Arbitration Act 2001 (First Read 25th September 2001, Passed 5 October 2001, Assented 27 October 2001, Commencement Date ...)

Part V - Arbitral Tribunal

Appointment of arbitrators

13. (1) Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator.

(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

(3) Where the parties fail to agree on a procedure for appointing the arbitrator or arbitrators

(a) in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or

(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.

(4) Where subsection (3)(a) applies

(a) if a party fails to appoint an arbitrator within 30 days of receipt of a first request to do so from the other party; or

(b) if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so,

the appointment shall be made, upon the request of a party, by the appointing authority.

(5) If, under an appointment procedure agreed upon by the parties

(a) a party fails to act as required under such procedure;

(b) the parties are unable to reach an agreement expected of them under such procedure; or

(c) a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,

any party may apply to the appointing authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.

(6) Where a party makes a request or makes an application to the appointing authority under subsection (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following:

(a) the nature of the subject-matter of the arbitration;

(b) the availability of any arbitrator;

(c) the identities of the parties to the arbitration;

(d) any suggestion made by any of the parties regarding the appointment of any arbitrator;

(e) any qualifications required of the arbitrator by the arbitration agreement; and

(f) such considerations as are likely to secure the appointment of an independent and impartial arbitrator.

(7) No appointment by the appointing authority shall be challenged except in accordance with this Act.

(8) For the purposes of this Act, the appointing authority shall be the Chairman of the Singapore International Arbitration Centre.

(9) The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the appointing authority under this section.


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