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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 IX - Powers of Court in Relation to Aaward

Court may set aside award

48. (1) An award may be set aside by the Court

(a) if the party who applies to the Court to set aside the award proves to the satisfaction of the Court that

(i) a party to the arbitration agreement was under some incapacity;

(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the laws of Singapore;

(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings or was otherwise unable to present his case;

(iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, except that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside;

(v) the composition of the arbitral tribunal or the arbitral procedure is not in accordance with the agreement of the parties, unless such agreement is contrary to any provisions of this Act from which the parties cannot derogate, or, in the absence of such agreement, is contrary to the provisions of this Act;

(vi) the making of the award was induced or affected by fraud or corruption;

(vii) a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced; or

(b) if the Court finds that

(i) the subject-matter of the dispute is not capable of settlement by arbitration under this Act; or

(ii) the award is contrary to public policy.

(2) An application for setting aside an award may not be made after the expiry of 3 months from the date on which the party making the application had received the award, or if a request has been made under section 43, from the date on which that request had been disposed of by the arbitral tribunal.

(3) When a party applies to the Court to set aside an award under this section, the Court may, where appropriate and so requested by a party, suspend the proceedings for setting aside an award, for such period of time as it may determine, to allow the arbitral tribunal to resume the arbitration proceedings or take such other action as may eliminate the grounds for setting aside an award.


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