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ARBITRATION - Coggle Diagram

- - - - Court MUST stay litigation in favour of arbitration
      - If tribunal got a question of law or facts wrong, parties cannot set aside or annul the award
      - Applies to International Commercial Arbitrations
        Gives the UNCITRAL MAL force of law
    - - Court MAY stay litigation in favour of arbitration
      - Parties can refer a preliminary question of law to domestic courts
      - Awards are appealable on a question of law
      - Applies where IAA does not
  - - - SG - IAA/AA
        London - English Arbitration Act
        HK - HK Arbitration Ordinance
- - - - Arbi agreement is not:
        
        null and void,
        
        inoperative,
        
        ncapable of being performed
      - valid arbitration agreement
      - dispute in the court proceedings falls within the scope of the arbitration agreement
      - (if stay granted, then Party who wants to litigate should challenge the jurisdiction of the tribunal --> go to jurisdiction map)
    - - 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
- - - - Improper notice/ no opportunity to be heard
        
        Complaining Party Should Suspend Proceedings Until the Breach has Been Remedied ; Cannot Wait for Award Result: China Machine
      - Award outside scope of arbi agreement
      - Issues with procedure / composition of tribunal
        
        Late objection = waiver
        
        Court has residual discretion to allow enforcement e.g. no prejudice
      - Incapacity of party to / Invalid arbi agreement
      - Award not yet binding
      - Award alr set aside
      - FOR FOREIGN AWARD, where court finds that:
        
        dispute not capable of settlement by arbitration in SG
        
        Award conflicts with PP of SG
        
        How award was procured
        
        Award gives effect to an illegal contract
        Note: Only errors of law made by the tribunal as to the content of the forum’s public policy is subject to re-opening by that forum
        
        Remedies are contrary to PP
- - - - Set aside Award at seat - due to lack of jurisdiction
      - Resist enforcement for lack of jurisdiction
    - - B: If tribunal decides jurisdiction in an award on merits
        
        Set aside under Art 34 MAL; or
        (S10(3) IAA not triggered)
        
        Resist enforcement
      - A: If tribunal decides on jurisdiction as a preliminary issue (bifurcated proceedings)
        
        Within 30 days, Objecting party should apply to GDHC for appeal/review: s 10(3) IAA
        
        Otherwise, would lose right to set aside an eventual award (First Media)
        
        Resist enforcement
        
        Note: NOT AWARD. CANNOT SET ASIDE
- - - - S10(3) IAA Appeal To Court
        
        UHM THIS FOR J ONLY
      - S34(2) MAL Setting Aside Award - must be at the seat court (SGHC) i.e. SG court cannot set aside a foreign award
        
        Step 3: Court retains discretion NOT to set aside
        
        Step 4: Consequences
        
        Vary parts of the award
        
        Remit award to tribunal for reconsideration
        
        Set aside in whole or part
        
        Refuse to set aside
        
        Step 2: Application made within 3 months from date receive award. No extension.
        
        Step 1: Exhaustive Grounds for Setting Aside
        S34(2) MAL + S 24 IAA
        
        Improper notice/ no opportunity to be heard
        
        Award outside scope of arbi agreement
        
        Issues with composition of tribunal
        
        Incapacity of party / Invalidity of arbi agreement
        
        For foreign awards, where court finds that:
        
        Dispute not capable of settlement by arbitration in SG
        
        Award conflicts with PP of SG
        
        S24 IAA Grounds:
        
        award tainted by fraud/corruption
        
        breach of rules of natural justice
      - 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)
  - - - 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