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Legislative History

Comparative Table

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General duties of arbitral tribunal
22.  The arbitral tribunal shall act fairly and impartially and shall give each party a reasonable opportunity of presenting his case.
Determination of rules of procedure
—(1)  Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2)  Failing such agreement, the arbitral tribunal may, subject to the provisions of this Act, conduct the arbitration in such manner as it considers appropriate.
(3)  The power conferred on the arbitral tribunal under subsection (2) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
Statements of claim and defence
—(1)  Within the period of time agreed by the parties or, failing such agreement, as determined by the arbitral tribunal, the claimant shall state —
the facts supporting his claim;
the points at issue; and
the relief or remedy sought,
and the respondent shall state his defence in respect of the particulars set out in this subsection, unless the parties have otherwise agreed to the required elements of such statements.
(2)  The parties may submit to the arbitral tribunal with their statements, all documents they consider to be relevant or other documents which refer to such documents, or other evidence.
(3)  Except as otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment, having regard to the delay in making the amendment.
[Act 12 of 2012 wef 01/06/2012]
Hearings and written proceedings
—(1)  Subject to any contrary agreement by the parties, the arbitral tribunal shall determine if proceedings are to be conducted by oral hearing for the presentation of evidence or oral argument or on the basis of documents and other materials.
(2)  Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall, upon the request of a party, hold such hearings at an appropriate stage of the proceedings.
(3)  The parties shall be given sufficient notice in advance of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.
(4)  All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party.
(5)  Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
Consolidation of proceedings and concurrent hearings
—(1)  The parties may agree —
that the arbitral proceedings shall be consolidated with other arbitration proceedings; or
[Act 12 of 2012 wef 01/06/2012]
that concurrent hearings shall be held,
on such terms as may be agreed.
(2)  Unless the parties agree to confer such power on the arbitral tribunal, the tribunal has no power to order consolidation of arbitral proceedings or concurrent hearings.
[Act 12 of 2012 wef 01/06/2012]
Power to appoint experts
—(1)  Unless otherwise agreed by the parties, the arbitral tribunal may —
appoint one or more experts to report to it on specific issues to be determined by the tribunal; and
require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.
(2)  Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present other expert witnesses in order to testify on the points at issue.
General powers exercisable by arbitral tribunal
—(1)  The parties may agree on the powers which may be exercised by the arbitral tribunal for the purposes of and in relation to the arbitral proceedings.
[Act 12 of 2012 wef 01/06/2012]
(2)  Without prejudice to the powers conferred on the arbitral tribunal by the parties under subsection (1), the tribunal shall have powers to make orders or give directions to any party for —
security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
a party or witness to be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation;
the preservation and interim custody of any evidence for the purposes of the proceedings;
samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject-matter of the dispute; and
the preservation, interim custody or sale of any property which is or forms part of the subject-matter of the dispute.
(3)  The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (2)(a) shall not be exercised by reason only that the claimant is —
an individual ordinarily resident outside Singapore; or
a corporation or an association incorporated or formed under the law of a country outside Singapore, or whose central management and control is exercised outside Singapore.
(4)  All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, by leave of the Court, be enforceable in the same manner as if they were orders made by the Court and, where leave is so given, judgment may be entered in terms of the order or direction.
Powers of arbitral tribunal in case of party’s default
—(1)  The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party’s failure to take any necessary action for the proper and expeditious conduct of the proceedings.
(2)  Unless otherwise agreed by the parties, if, without showing sufficient cause —
the claimant fails to communicate his statement of claim in accordance with section 24, the arbitral tribunal may terminate the proceedings;
the respondent fails to communicate his statement of defence in accordance with section 24, the arbitral tribunal may continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; and
any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
(3)  If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim, and the delay —
gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or
has caused, or is likely to cause, serious prejudice to the respondent,
the tribunal may make an award dismissing the claim.
Witnesses may be summoned by subpoena
—(1)  Any party to an arbitration agreement may take out a subpoena to testify or a subpoena to produce documents.
[42/2005 wef 01/01/2006]
(2)  The Court may order that a subpoena to testify or a subpoena to produce documents shall be issued to compel the attendance before an arbitral tribunal of a witness wherever he may be within Singapore.
[42/2005 wef 01/01/2006]
(3)  The Court may also issue an order under section 38 of the Prisons Act (Cap. 247) to bring up a prisoner for examination before an arbitral tribunal.
(4)  No person shall be compelled under any such subpoena to produce any document which he could not be compelled to produce on the trial of an action.
[42/2005 wef 01/01/2006]
Court’s powers exercisable in support of arbitral proceedings
—(1)  The Court shall have the following powers for the purpose of and in relation to an arbitration to which this Act applies:
the same power to make orders in respect of any of the matters set out in section 28 as it has for the purpose of and in relation to an action or matter in the Court;
securing the amount in dispute;
ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party; and
an interim injunction or any other interim measure.
[Act 12 of 2012 wef 01/06/2012]
(2)  An order made by the Court under this section shall cease to have effect in whole or in part (as the case may be) if the arbitral tribunal, or any such arbitral or other institution or person having power to act in relation to the subject-matter of the order, makes an order which expressly relates to the whole or part of that order of the Court.
[26/2009 wef 01/01/2010]
(3)  The Court, in exercising any power under this section, shall have regard to —
any application made before the arbitral tribunal; or
any order made by the arbitral tribunal,
in respect of the same issue.
(4)  Provision may be made by Rules of Court for conferring on the Registrar of the Supreme Court (within the meaning of the Supreme Court of Judicature Act (Cap. 322)) or other officer of the Court all or any of the jurisdiction conferred by this Act on the Court.