Singapore - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Nicholas Song is a member of both the International Dispute Resolution and the Energy Transactions practice groups of Vinson & Elkins LLP. He has advised on both contentious and non-contentious international energy matters. Before joining V&E, Mr. Song was a litigator in a prominent Singapore law firm. He received his LL.B. (Hons) from the National University of Singapore, his LL.M. in International Legal Studies from the New York University School of Law as a Hauser Global Scholar, and his LL.M. in Comparative and International Dispute Resolution (Distinction) from Queen Mary, University of London as a British Chevening Scholar.

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. INTRODUCTION: ARBITRATION IN SINGAPORE – HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

The history of arbitration in Singapore dates back to its early days as a colony of the British Empire. Legislative and judicial records indicate that since the nineteenth century, arbitration has been practised and regulated within the Straits Settlements, of which Singapore was then a part.

Since gaining independence in 1965, Singapore has continued to embrace the practice of arbitration. For example, Singapore acceded to the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards (the “New York Convention”) on 21 August 1986, with the reservation that it will apply the New York Convention only to arbitral awards made in the territory of another contracting State. It ratified the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “Washington Convention”) on 24 October 1968.

The impetus to promote arbitration in Singapore really took off in the 1990s when the Singapore government undertook a concerted effort to promote Singapore as a centre for international arbitration. For example, it took the lead in establishing the Singapore International Arbitration Centre (the “SIAC”) in 1991 as Singapore’s principal arbitral institution. The SIAC is now a company limited by guarantee, whose sole member is the Singapore Business Federation. On 31 October 1994, Singapore adopted the 1985 UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”) when it enacted the International Arbitration Act (Cap 143A, 2002 Rev Ed).

Table of Contents:

I. INTRODUCTION: ARBITRATION IN SINGAPORE- HISTORY AND INFRASTRUCTURE A. History and Current Legislation 1. Historical evolution of law relating to arbitration 2. Current law a) Domestic arbitration law b) International arbitration law c) The AA and IAA compared 3. Law reform projects 4. Confidentiality and publication of awards a) Privacy of proceedings b) Publication of awards B. Arbitration Infrastructure and Practice in Singapore 1. Major arbitration institutions and statistics II. CURRENT LAW AND PRACTICE A. Arbitration Agreement 1. Types of validity of agreement a) Incorporation by reference b) Interpretation 2. Enforcing arbitration agreements a) Applications to stay arbitration i. Discretion to impose conditions ii. Existence of a dispute iii. Null and void, inoperative, or incapable of being performed b) Anti-suit injunctions 3. Effects on third parties 4. Termination B. Doctrine of Separability C. Jurisdiction 1. Competence-competence 2. Interaction of national courts and tribunals D. Arbitrability E. Arbitral Tribunal 1. Status and qualifications of arbitrators a) Number of arbitrators 2. Appointment of arbitrators a) Methods of appointment b) Power of arbitrator to act as conciliator 3. Challenge and removal 4. Arbitrator liability and immunity F. Conducting the Arbitration 1. Law governing procedure a) Notion and role of seat of arbitration b) Methods for selection of seat absent party choice 2. Conduct of arbitration a) Basic procedural principles b) Party autonomy and arbitrators’ power to determine procedure c) Style and characteristics of hearing d) Submissions and deadlines 3. Taking of evidence a) Admissibility, burden and standards of proof b) Production of documents c) Witnesses d) Tribunal- and party-appointed experts 4. Interim measures of protection a) Availability and types of interim measures b) Enforcement mechanisms 5. Interaction between national courts and arbitration tribunals 6. Law and rules of law applicable to the merits 7. Costs G. Arbitration Award 1. Types of awards 2. Form requirements a) Essential content and reasons b) Time limits for making award c) Notification to parties 3. Remedies 4. Decision making a) Deliberation; majority vs. consensus b) Signature 5. Correction, supplementation, and amendment H. Challenge and Other Actions against the Award 1. Setting aside a) Grounds i. Party unable to present its case (Article 34(2)(a) (ii) of the Model Law) ii. Public policy (Article 34 (2)(b) (ii) of the Model Law) iii. Natural justice (s 24 (b) of the IAA) b) Time limits c) Procedure d) Effects of successful challenge 2. Appeal on the merits III. RECOGNITION AND ENFORCEMENT OF AWARDS A. Domestic Awards B. Foreign Awards 1. Various regulatory regimes a) Domestic rules and the New York Convention 2. Grounds for refusing recognition and enforcement 3. Enforcement procedure 4. Court practice on enforcement of foreign arbitral awards IV. APPENDICES AND RELEVANT INSTRUMENTS A. National Legislation (See CD-ROM) B. Major Arbitration Institutions C. Cases D. Bibliography