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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

 
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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.
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PART V
ARBITRAL TRIBUNAL
Number of arbitrators
12.
—(1)  The parties are free to determine the number of arbitrators.
(2)  Failing such determination, there shall be a single arbitrator.
Appointment of arbitrators
13.
—(1)  Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator.
(2)  The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3)  Where the parties fail to agree on a procedure for appointing the arbitrator or arbitrators —
(a)
in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or
(b)
in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.
(4)  Where subsection (3)(a) applies —
(a)
if a party fails to appoint an arbitrator within 30 days of receipt of a first request to do so from the other party; or
(b)
if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so,
the appointment shall be made, upon the request of a party, by the appointing authority.
(5)  If, under an appointment procedure agreed upon by the parties —
(a)
a party fails to act as required under such procedure;
(b)
the parties are unable to reach an agreement expected of them under such procedure; or
(c)
a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,
any party may apply to the appointing authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.
(6)  Where a party makes a request or makes an application to the appointing authority under subsection (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following:
(a)
the nature of the subject-matter of the arbitration;
(b)
the availability of any arbitrator;
(c)
the identities of the parties to the arbitration;
(d)
any suggestion made by any of the parties regarding the appointment of any arbitrator;
(e)
any qualifications required of the arbitrator by the arbitration agreement; and
(f)
such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
(7)  No appointment by the appointing authority shall be challenged except in accordance with this Act.
(8)  For the purposes of this Act, the appointing authority shall be the President of the Court of Arbitration of the Singapore International Arbitration Centre.
(9)  The Chief Justice may, if he thinks fit, by notification published in the Gazette, appoint any other person to exercise the powers of the appointing authority under this section.
Grounds for challenge
14.
—(1)  Where any person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.
(2)  An arbitrator shall, from the time of his appointment and throughout the arbitral proceedings, disclose without delay any such circumstance as is referred to in subsection (1) to the parties unless they have already been so informed by him.
[Act 12 of 2012 wef 01/06/2012]
(3)  Subject to subsection (4), an arbitrator may be challenged only if —
(a)
circumstances exist that give rise to justifiable doubts as to his impartiality or independence; or
(b)
he does not possess the qualifications agreed to by the parties.
(4)  A party who has appointed or participated in the appointment of any arbitrator may challenge such arbitrator only if he becomes aware of any of the grounds of challenge set out in subsection (3) as may be applicable to the arbitrator after the arbitrator has been appointed.
Challenge procedure
15.
—(1)  Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.
(2)  If the parties have not agreed on a procedure for challenge, a party who intends to challenge an arbitrator shall —
(a)
within 15 days after becoming aware of the constitution of the arbitral tribunal; or
(b)
after becoming aware of any circumstance referred to in section 14(3),
send a written statement of the grounds for the challenge to the arbitral tribunal.
(3)  The arbitral tribunal shall, unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, decide on the challenge.
(4)  If a challenge before the arbitral tribunal is unsuccessful, the aggrieved party may, within 30 days after receiving notice of the decision rejecting the challenge, apply to the Court to decide on the challenge and the Court may make such order as it thinks fit.
(5)  No appeal shall lie against the decision of the Court under subsection (4).
(6)  While an application to the Court under subsection (4) is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
[Act 12 of 2012 wef 01/06/2012]
Failure or impossibility to act
16.
—(1)  A party may request the Court to remove an arbitrator —
(a)
who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
(b)
who has refused or failed —
(i)
to properly conduct the proceedings; or
(ii)
to use all reasonable despatch in conducting the proceedings or making an award,
and where substantial injustice has been or will be caused to that party.
(2)  If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the Court shall not exercise its power of removal unless it is satisfied that the applicant has first exhausted any available recourse to that institution or person.
(3)  While an application to the Court under this section is pending, the arbitral tribunal, including the arbitrator concerned may continue the arbitral proceedings and make an award.
[Act 12 of 2012 wef 01/06/2012]
(4)  Where the Court removes an arbitrator, the Court may make such order as it thinks fit with respect to his entitlement, if any, to fees or expenses, or the repayment of any fees or expenses already paid.
(5)  The arbitrator concerned is entitled to appear and be heard by the Court before it makes any order under this section.
(6)  No appeal shall lie against the decision of the Court made under subsection (4).
Arbitrator ceasing to hold office
17.
—(1)  The authority of an arbitrator shall cease upon his death.
(2)  An arbitrator shall cease to hold office if —
(a)
he withdraws from office under section 15(3);
(b)
an order is made under section 15(4) for the termination of his mandate or his removal;
(c)
he is removed by the Court under section 16 or by an institution referred to in section 16(2); or
(d)
the parties agree on the termination of his mandate.
(3)  The withdrawal of an arbitrator or the termination of an arbitrator’s mandate by the parties shall not imply acceptance of the validity of any ground referred to in section 14(3) or 16(1).
Appointment of substitute arbitrator
18.
—(1)  Where an arbitrator ceases to hold office, the parties are free to agree —
(a)
whether and if so how the vacancy is to be filled;
(b)
whether and if so to what extent the previous proceedings should stand; and
(c)
what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).
(2)  If or to the extent that there is no such agreement, the following subsections shall apply.
(3)  Section 13 (appointment of arbitrators) shall apply in relation to the filling of the vacancy as in relation to an original appointment.
(4)  The arbitral tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.
(5)  The reconstitution of the arbitral tribunal shall not affect any right of a party to challenge the previous proceedings on any ground which had arisen before the arbitrator ceased to hold office.
(6)  The ceasing to hold office by the arbitrator shall not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a presiding arbitrator.
Decision by panel of arbitrators
19.
—(1)  In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by all or a majority of all its members.
[Act 12 of 2012 wef 01/06/2012]
(2)  Any question of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunal.
Liability of arbitrator
20.  An arbitrator shall not be liable for —
(a)
negligence in respect of anything done or omitted to be done in the capacity of the arbitrator; or
(b)
any mistake of law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award.
[Act 12 of 2012 wef 01/06/2012]