While the award had initially been remitted to the arbitral tribunal to allow the tribunal an opportunity to cure the breach of natural justice, the arbitral tribunal sought to justify its original position instead. The content of this website is for general information purposes only and does not purport to provide comprehensive full legal or other advice. Third, that the test for ‘apparent bias’, which was what the aggrieved party in that case accused the sole arbitrator of, is whether a "reasonable and fair-minded person with knowledge of all the relevant facts would entertain a reasonable suspicion" that a fair hearing for the applicant was not possible.The arbitral tribunal has the power to determine its own jurisdiction based on the Kompetenz-Kompetenz principle. and Paul Tan, Rajah & Tann Singapore LLP Short answer: Yes for some actions, but not all. In fact, the framework applies not only to international arbitration proceedings, but also to court or mediation proceedings that are connected to international arbitration. Importantly, s 2(1) of the IAA defines ‘arbitral tribunal’ to include ‘an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organization’.With respect to the use of emergency arbitrators in Singapore, Schedule 1 of the SIAC Rules 2016 provide a process for applying to the SIAC Registrar for emergency interim relief ‘concurrent with or following the filing of a Notice of Arbitration but prior to the constitution of the Tribunal’.
The AA and IAA provide that no person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
In non-The AA and IAA contain some broadly worded provisions regarding the conduct of the arbitration proceedings. Failing such agreement, the statutory provisions provide that: The proposed amendments to the IAA clarify the appointment procedure where there are more than two parties to an arbitration agreement. The Acts expressly provide that an arbitral tribunal has the power to determine the admissibility, relevance, materiality and weight of any evidence.
Both limbs must be fulfilled beyond a reasonable doubt.
A party can go directly to a court in a state party where enforcement is sought instead of having to obtain a court judgment for breach of the settlement agreement. The Chief Justice and Judges of Appeal, Judges, Senior Judges and International Judges designated by the Chief Justice may also hear appeals from the SICC. The Ministry of Law is considering amending the IAA to clarify that parties can, by mutual agreement, require the tribunal to decide on jurisdictional issues at the preliminary award stage.
Giles IJ first decided on the substantive issue; ie, whether the tribunal had jurisdiction over the first defendant.
69A, r. 6(1) of the Singapore Rules of Court provides as follows:‘An application for leave to enforce an award may be made ex parte and must be supported by an affidavit–The requirements to seek leave to enforce a foreign arbitral award are very similar to those in O. The court therefore went on to consider whether the right to refer the dispute to the SADC Tribunal or the SADC claim itself fell within the bundle of rights constituting the mining leases. . 13(3) provides that the unsuccessfully challenging party ‘may request, within thirty days after having received notice of the decision rejecting the challenge, the [High Court in Singapore] to decide on the challenge, which decision shall be subject to no appeal’.
In sum, disputes which have public interest elements are generally non-arbitrable. However, the proposed amendments to the IAA include the insertion of a new section 12(1)(j) providing for explicit recognition of the powers of the court and the arbitral tribunal to enforce duties of confidentiality, whether these obligations exist under the law, or have been expressly agreed by parties. For multi-party disputes involving jurisdictions that allow enforcement of Singapore judgments, the SICC may be preferred to arbitration. The SICC found that the natural and ordinary meaning of the language used in Article 34(3) of the Model Law imposed a mandatory time limit. The SICC held in favour of the defendant, allowing the defendant’s striking out application and dismissing the plaintiff’s application for the arbitral award to be set aside. For domestic arbitrations seated in Singapore, the IAA and Model Law only apply if the parties agree so in writing.
There are no applicable ethical codes or professional standards set in stone in Singapore arbitral legislation, although institutions such as the SIAC have a Code of Ethics for Arbitrators. This includes stay applications in court and applications to enforce an award under the International Arbitration Act (Chapter 143A). Singapore: International Arbitration Laws and Regulations 2019.
Banking and finance disputes reviewThe new Singapore International Commercial Court (SICC) was officially launched on 5 January 2015.
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