Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
Contents  

Long Title

Part I PRELIMINARY

Part II ARBITRATION AGREEMENT

Part III STAY OF LEGAL PROCEEDINGS

Part IV COMMENCEMENT OF ARBITRAL PROCEEDINGS

Part V ARBITRAL TRIBUNAL

Part VI JURISDICTION OF ARBITRAL TRIBUNAL

Part VII ARBITRAL PROCEEDINGS

Part VIII AWARD

Part IX POWERS OF COURT IN RELATION TO AWARD

Part X MISCELLANEOUS

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 27/07/2017, you requested the version in force on 27/07/2017 incorporating all amendments published on or before 27/07/2017. The closest version currently available is that of 01/08/2016.
Slider
PART X
MISCELLANEOUS
Notice and other requirements in connection with legal proceedings
53.
—(1)  References in this Act to an application, appeal or other step in relation to legal proceedings being taken upon notice to the other parties to the arbitral proceedings, or to the arbitral tribunal, are references to such notice of the originating process as is required by the Rules of Court.
[Act 12 of 2012 wef 01/06/2012]
(2)  Subject to any provision made by Rules of Court, a requirement to give notice to the arbitral tribunal of legal proceedings shall be construed —
(a)
if there is more than one arbitrator, as a requirement to give notice to each of them; and
(b)
if the arbitral tribunal is not fully constituted, as a requirement to give notice to any arbitrator who has been appointed.
(3)  References in this Act to making an application or appeal to the Court within a specified period are references to the issue within that period of the appropriate originating process in accordance with the Rules of Court.
(4)  Where any provision of this Act requires an application or appeal to be made to the Court within a specified time, the Rules of Court relating to the reckoning of periods, the extending or abridging of periods, and the consequences of not taking a step within the period prescribed by the Rules, shall apply in relation to that requirement.
(5)  Provision may be made by Rules of Court amending the provisions of this Act —
(a)
with respect to the time within which any application or appeal to the Court must be made;
(b)
so as to keep any provision made by this Act in relation to arbitral proceedings in step with the corresponding provision of the Rules of Court applying in relation to proceedings in the Court; or
(c)
so as to keep any provision made by this Act in relation to legal proceedings in step with the corresponding provision of the Rules of Court applying generally in relation to proceedings in the Court.
(6)  Nothing in this section shall affect the generality of the power of the Rules Committee to make Rules of Court.
Powers of Court and Registrar
54.  Provision may be made by Rules of Court for conferring on the Registrar of the Supreme Court or other officer of the Court all or any of the jurisdiction conferred by this Act on the Court.
Rules of Court
55.  The Rules Committee constituted under section 80 of the Supreme Court of Judicature Act (Cap. 322) may make Rules of Court regulating the practice and procedure of any court in respect of any matter under this Act.
Proceedings to be heard otherwise than in open court
56.  Proceedings under this Act in any court shall, on the application of any party to the proceedings, be heard otherwise than in open court.
Restrictions on reporting of proceedings heard otherwise than in open court
57.
—(1)  This section shall apply to proceedings under this Act in any court heard otherwise than in open court.
(2)  A court hearing any proceedings to which this section applies shall, on the application of any party to the proceedings, give directions as to whether any and, if so, what information relating to the proceedings may be published.
(3)  A court shall not give a direction under subsection (2) permitting information to be published unless —
(a)
all parties to the proceedings agree that such information may be published; or
(b)
the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
(4)  Notwithstanding subsection (3), where a court gives grounds of decision for a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, the court shall direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that he was such a party, the court shall —
(a)
give directions as to the action that shall be taken to conceal that matter in those reports; and
(b)
if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report shall be published until after the end of such period, not exceeding 10 years, as it considers appropriate.
Application to references under statutory powers
58.  This Act shall apply in relation to every arbitration under any other written law (other than the International Arbitration Act (Cap. 143A)), as if the arbitration were commenced pursuant to an arbitration agreement, except in so far as this Act is inconsistent with that other written law.
Immunity of arbitral institutions
59.
—(1)  The appointing authority, or an arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator, shall not be liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.
(2)  The appointing authority, or an arbitral or other institution or person by whom an arbitrator is appointed or nominated, shall not be liable, by reason only of having appointed or nominated him, for anything done or omitted by the arbitrator, his employees or agents in the discharge or purported discharge of his functions as arbitrator.
(3)  This section shall apply to an employee or agent of the appointing authority or of an arbitral or other institution or person as it applies to the appointing authority, institution or person himself.
Authentication of awards and arbitration agreements
59A.
—(1)  For the purposes of the enforcement of an award in any Convention country, the Minister may by order appoint such persons holding office in such arbitral institution or other organisation as the Minister may specify in the order, to authenticate any award or arbitration agreement or to certify copies thereof.
(2)  Any person appointed under subsection (1) —
(a)
shall comply with any condition imposed by the Minister; and
(b)
shall not, without the written consent of the parties, directly or indirectly disclose any matter, including the identity of any party to the award or arbitration agreement, to any third party.
(3)  An award or arbitration agreement or a copy thereof duly authenticated or certified by a person appointed under subsection (1) shall be deemed to have been authenticated or certified by a competent authority in Singapore for the purposes of enforcement in any Convention country.
(4)  For the avoidance of doubt, nothing in this section shall —
(a)
prevent any person from authenticating any award or arbitration agreement or certifying copies thereof in any other manner or method or by any other person, institution or organisation; or
(b)
affect the right of a person to challenge or appeal against any award by any available arbitral process of appeal or review, or in accordance with the provisions of this Act.
(5)  In this section, “Convention country” has the same meaning as in section 27(1) of the International Arbitration Act (Cap. 143A).
[26/2009 wef 01/01/2010]
Service of notices
60.
—(1)  The parties are free to agree on the manner of service of any notice or other document required or authorised to be given or served in pursuance of the arbitration agreement or for the purposes of the arbitral proceedings.
[Act 12 of 2012 wef 01/06/2012]
(2)  If or to the extent that there is no such agreement as is referred to in subsection (1), subsections (3) and (4) shall apply.
(3)  A notice or other document may be served on a person by any effective means.
(4)  If a notice or other document is addressed, prepaid and delivered by post —
(a)
to the addressee’s usual or last known place of residence or, if he is or has been carrying on a trade, profession or business, his usual or last known place of business; or
(b)
if the addressee is a body corporate, to the body corporate’s registered office,
it shall be treated as effectively served.
(5)  This section shall not apply to the service of documents for the purposes of legal proceedings, for which provision is made by Rules of Court.
(6)  References in this Part to a notice or other document include any form of communication in writing and references to giving or serving a notice or other document shall be construed accordingly.
Reckoning periods of time
61.
—(1)  The parties may agree on the method of reckoning periods of time for the purposes of —
(a)
any provision agreed by them; or
(b)
any provision of this Act having effect in default of such agreement.
(2)  If or to the extent that the parties have not agreed on the method of reckoning time, periods of time shall be reckoned in accordance with this section.
(3)  Where the act is required to be done within a specified period after or from a specified date, the period shall begin immediately after that date.
(4)  Where an act is required to be done within or not less than a specified period before a specified date, the period shall end immediately before that date.
(5)  Where the act is required to be done, a specified number of clear days after a specified date, at least that number of days shall intervene between the day on which the act is done and that date.
(6)  Where the period in question being a period of 7 days or less would include a Saturday, Sunday or a public holiday, that day shall be excluded.
Appointment of mediator
62.
—(1)  In any case where an agreement provides for the appointment of a mediator by a person who is not one of the parties and that person refuses to make the appointment or does not make the appointment within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the Chairman of the Singapore Mediation Centre may, on the application of any party to the agreement, appoint a mediator who shall have the like powers to act in the mediation proceedings as if he had been appointed in accordance with the terms of the agreement.
(2)  The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the Chairman of the Singapore Mediation Centre under subsection (1).
(3)  Where an arbitration agreement provides for the appointment of a mediator and further provides that the person so appointed shall act as an arbitrator in the event of the mediation proceedings failing to produce a settlement acceptable to the parties —
(a)
no objection shall be taken to the appointment of such person as an arbitrator, or to his conduct of the arbitral proceedings, solely on the ground that he had acted previously as a mediator in connection with some or all of the matters referred to arbitration; and
(b)
if such person declines to act as an arbitrator, any other person appointed as an arbitrator shall not be required first to act as a mediator unless a contrary intention appears in the arbitration agreement.
(4)  Unless a contrary intention appears therein, an agreement which provides for the appointment of a mediator shall be deemed to contain a provision that in the event of the mediation proceedings failing to produce a settlement acceptable to the parties within 4 months, or such longer period as the parties may agree to, of the date of the appointment of the mediator or, where he is appointed by name in the agreement, of the receipt by him of written notification of the existence of a dispute, the mediation proceedings shall thereupon terminate.
Power of arbitrator to act as mediator
63.
—(1)  If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn his consent in writing, an arbitrator may act as a mediator.
(2)  An arbitrator acting as a mediator —
(a)
may communicate with the parties to the arbitral proceedings collectively or separately; and
(b)
shall treat information obtained by him from a party to the arbitral proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
[Act 12 of 2012 wef 01/06/2012]
(3)  Where confidential information is obtained by an arbitrator from a party to the arbitral proceedings during mediation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator shall before resuming the arbitral proceedings disclose to all other parties to the arbitral proceedings as much of that information as he considers material to the arbitral proceedings.
[Act 12 of 2012 wef 01/06/2012]
(4)  No objection shall be taken to the conduct of arbitral proceedings by a person solely on the ground that that person had acted previously as a mediator in accordance with this section.
[Act 12 of 2012 wef 01/06/2012]
(5)  For the purposes of this section and section 62 —
(a)
any reference to a mediator shall include a reference to any person who acts as a conciliator;
(b)
any reference to mediation proceedings shall include a reference to conciliation proceedings.
Act to bind Government
64.  This Act shall bind the Government.
Transitional provisions
65.
—(1)  This Act shall apply to arbitration proceedings commenced on or after 1st March 2002 but the parties may in writing agree that this Act shall apply to arbitration proceedings commenced before that date.
(2)  Notwithstanding the repeal of the Arbitration Act (Cap. 10, 1985 Ed.), where the arbitration proceedings were commenced before 1st March 2002, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been enacted.
(3)  Where an arbitration agreement made or entered into before 1st March 2002 provides for the appointment of an umpire or an arbitral tribunal comprising 2 arbitrators, the law to the extent that it governs the appointment, role and function of the umpire shall be the law which would have applied if this Act had not been enacted.
(4)  For the purposes of this section, arbitration proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed in writing that any other date is to be taken as the date of commencement of the arbitration proceedings, then on that date.