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ARBITRATION - Coggle Diagram
ARBITRATION
LEGAL FRAMEWORK
Singapore Laws
IAA
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If tribunal got a question of law or facts wrong, parties cannot set aside or annul the award
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PROCEDURAL RULES
Institutional: ICC, SIAC Rules
- To the extent there is any conflict between the chosen arbitration rules and the MAL/IAA, the rules chosen by parties will prevail unless the conflict was with a mandatory provision of the MAL
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Arbitration Agreement
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Consider non-signatories
- implied consent
- agency
- assignment
- group of Cos doctrine
- Estopppel
Enforcement of Arbi Agreement
i.e. stay of court proceedings commenced in breach of arbi agreement
- application to STAY must be done before first pleadings!
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AA
Court may refuse stay of litigation if there is sufficient reason
Factors: related disputes some not covered by the arbi agreement, overlapping issues, prejudice to parties, abuse of process etc (Sim Chay Koon), prima facie no valid binding arbi agreement or no dispute
- for stay, dispute should fall within the terms of the arbi agreement
Hybrid Arbitration
Administered by one institution e.g. SIAC but governed by rules of another arbitration institution e.g. ICC (insigma)
note: after this case, ICC amendment to say is the only body authorised to administer arbitrations under ICC rules
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Jurisdiction of Tribunal
Competence-Competence
Under the doctrine of competence-competence, an arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement
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Award
(+) Finality
i.e. Errors of law or fact made in an arbitral decision are final and binding on the parties and may not be appealed against or set aside by a court
Exceptions to FINALITY
Active
S10(3) IAA Appeal To Court
S34(2) MAL Setting Aside Award - must be at the seat court (SGHC) i.e. SG court cannot set aside a foreign award
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Principles:
- Forego one active remedy, lose all
- BUT non-participating respondent retains right to set aside, even if it does not invoke s 10 IAA (Rakna)
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General Principles
- Active and Passive are independent of each other i.e. can choose not to set aside AND then later resist enforcement (PT First Media)
LIMITED REVISIT
- Correction & Interpretation within 30 days of receiving award
- Suspension of setting aside proceedings to let tribunal amend the defect-forming-the-basis-of-setting-aside
Enforcement
(Reciprocity Reservation)
To enforce, the NYC should apply -
- Where award is made
- Where enforcement is sought
Procedure
Produce:
- Authenticated original award
- Original Arbi Agreement
Step 1:
- Award creditor file ex parte application + affidavit for leave to enforce
- Court will make order granting leave to enforce
- Award creditor to serve on award debtor
- Award debtor must challenge within 14 days after service
Step 2:
Inter partes phase where award debtor challenges enforcement under s 31(2) and 31(4) (foreign awards)
- see "interim measures" map. same grounds
- Even if a refusal ground is established, the court still has a residual discretion to order enforcement
Remedies
Typical remedies include: (i) damages and interest; (ii) specific performance; (iii) declaratory orders, (iv) rectification, (v) indemnity against liability from third party claims; (vi) costs.
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