Arbitration Act - Singapore Statutes Online

Arbitration Act

(CHAPTER 10)

(Original Enactment: Act 37 of 2001)

REVISED EDITION 2002

(31st July 2002)

An Act to provide for the conduct of arbitration.

[1st March 2002]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Arbitration Act.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“appointing authority” means the appointing authority designated under section 13(8) or (9);

“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or an arbitral institution;

“arbitration agreement” means an arbitration agreement referred to in section 4 and includes an agreement made by electronic communications if the information contained therein is accessible so as to be useable for subsequent reference;

[26/2009 wef 01/01/2010]

“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;

“Court” means the High Court in Singapore;

“court”, for the purposes of sections 6, 7, 8, 11(1), 55, 56 and 57, means the High Court, District Court, Magistrate’s Court or any other court in which the proceedings referred to in those sections are instituted or heard;

“data messages” means information generated, sent, received, or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;

[26/2009 wef 01/01/2010]

“electronic communications” means any communication that the parties make by means of data messages;

[26/2009 wef 01/01/2010]

“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration^**; on third parties who are treated as parties to an arbitration agreement.

^*Seesection 9 of the Contracts (Rights of Third Parties) Act (Cap. 53B)

“the place of the arbitration” means the juridical seat of the arbitration designated by —

(a)	the parties to the arbitration agreement;
(b)	any arbitral or other institution or person authorised by the parties for that purpose; or
(c)	the arbitral tribunal as authorised by the parties,

or determined, in the absence of such designation, having regard to the arbitration agreement and all the relevant circumstances.

(2) Where any provision in this Act allows the parties to determine any issue, the parties may authorise a third party, including an arbitral institution, to make that determination.

(3) Where any provision in this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules incorporated in that agreement.

(4) Where any provision in this Act refers to a claim, it shall also apply to a cross-claim or counter-claim, and where such provision refers to a defence, it shall also apply to a defence to such cross-claim or counter-claim.

Application of this Act

3. This Act shall apply to any arbitration where the place of arbitration is Singapore and where Part II of the International Arbitration Act (Cap. 143A) does not apply to that arbitration.

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