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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 VIII - Award

Power to withhold award in case of non-payment

41. (1) The arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.

(2) Where subsection (1) applies, a party to the arbitration proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court, which may order that

(a) the arbitral tribunal shall deliver the award upon payment into Court by the applicant of the fees and expenses demanded, or such lesser amount as the Court may specify;

(b) the amount of the fees and expenses demanded shall be taxed by the Registrar of the Supreme Court; and

(c) out of the money paid into Court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money (if any) shall be paid out to the applicant.

(3) A taxation of fees under this section shall be reviewed in the same manner as a taxation of costs.

(4) The arbitrator shall be entitled to appear and be heard on any taxation or review of taxation under this section.

(5) For the purpose of this section, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 40 or under any agreement relating to the payment of fees and expenses of the arbitrators.

(6) No application to the Court may be made unless the Court is satisfied that the applicant has first exhausted any available arbitral process for appeal or review of the amount of the fees or expenses demanded by the arbitrators.

(7) This section shall apply to any arbitral or other institution or person vested with powers by the parties in relation to the delivery of the award by the tribunal and any reference to the fees and expenses of the arbitrators shall be construed as

including the fees and expenses of that institution or person.

(8) The leave of the Court shall be required for any appeal from a decision of the Court under this section.


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