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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

Appeal against award

49. (1) A party to arbitration proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.

(2) Notwithstanding subsection (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.

(3) An appeal shall not be brought under this section except

(a) with the agreement of all the other parties to the proceedings; or

(b) with the leave of the Court.

(4) The right to appeal under this section shall be subject to the restrictions in section 50.

(5) Leave to appeal shall be given only if the Court is satisfied that

(a) the determination of the question will substantially affect the rights of one or more of the parties;

(b) the question is one which the arbitral tribunal was asked to determine;

(c) on the basis of the findings of fact in the award

(i) the decision of the arbitral tribunal on the question is obviously wrong; or

(ii) the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and

(d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the Court to determine the question.

(6) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.

(7) The leave of the Court shall be required for any appeal from a decision of the Court under this section to grant or refuse leave to appeal.

(8) On an appeal under this section, the Court may by order

(a) confirm the award;

(b) vary the award;

(c) remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court's determination; or

(d) set aside the award in whole or in part.

(9) The Court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.

(10) The decision of the Court on an appeal under this section shall be treated as a judgment of the Court for the purposes of an appeal to the Court of Appeal.

(11) The Court may give leave to appeal against the decision of the Court in subsection (10) only if the question of law before it is one of general importance, or one which for some other special reason should be considered by the Court of Appeal.


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