Arbitration Bill - Singapore Statutes Online

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1 Short title and commencement

3 Application of this Act

4 Arbitration agreement

5 Arbitration agreement not to be discharged by death of party

6 Stay of legal proceedings

7 Court’s powers on stay of proceedings

8 Reference of interpleader issue to arbitration

9 Commencement of arbitration proceedings

10 Powers of Court to extend time for beginning of arbitration proceedings

11 Application of Limitation Act

12 Number of arbitrators

13 Appointment of arbitrators

14 Grounds for challenge

15 Challenge procedure

16 Failure or impossibility to act

17 Arbitrator ceasing to hold office

18 Appointment of substitute arbitrator

19 Decision by panel of arbitrators

20 Liability of arbitrator

21 Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction

22 General duties of arbitral tribunal

23 Determination of rules of procedure

24 Statements of claim and defence

25 Hearings and written proceedings

26 Consolidation of proceedings and concurrent hearings

27 Power to appoint experts

28 General powers exercisable by arbitral tribunal

29 Powers of arbitral tribunal in case of party’s default

30 Witnesses may be summoned by subpoena

31 Court’s powers exercisable in support of arbitration proceedings

32 Law applicable to substance of dispute

33 Awards made on different issues

36 Extension of time for making award

38 Form and contents of award

39 Costs of arbitration

40 Fees of arbitrator

41 Power to withhold award in case of non-payment

42 Court may charge property with payment of solicitor’s costs in arbitration

43 Correction or interpretation of award and additional award

45 Determination of preliminary point of law

46 Enforcement of award

47 No judicial review of award

48 Court may set aside award

49 Appeal against award

50 Supplementary provisions to challenge appeal

51 Effect of order of Court upon appeal or challenge against award

52 Application for leave of Court, etc.

53 Notice and other requirements in connection with legal proceedings

54 Powers of Court and Registrar

56 Proceedings to be heard otherwise than in open court

57 Restrictions on reporting of proceedings heard otherwise than in open court

58 Application to references under statutory powers

59 Immunity of arbitral institutions

60 Service of notices

61 Reckoning periods of time

62 Appointment of mediator

63 Power of arbitrator to act as mediator

64 Act to bind Government

65 Repeal and transitional provisions

66 Consequential amendments to Bankruptcy Act

67 Consequential amendments to Limitation Act

Arbitration Bill

Bill No. 37/2001

Read the first time on 25th September 2001.

An Act to provide for the conduct of arbitration and to repeal the Arbitration Act (Chapter 10 of the 1985 Revised Edition) and also to make consequential amendments to the Bankruptcy Act (Chapter 20 of the 2000 Revised Edition) and the Limitation Act (Chapter 163 of the 1996 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Arbitration Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

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” has the meaning given to it in section 4;

“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 orders or directions 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;

“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;

“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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