Proposed Amendments To Singapore’s International Arbitration Act

Morrison Foerster review the Singapore Ministry of Law’s 26 June 2019 consultation paper seeking comments on the following six proposed amendments to Singapore’s International Arbitration Act:

  • Introduction of Default Nomination Procedure for Arbitrators in Multi-Party Arbitrations
  • Requirement That Arbitrator(s) Decide on Jurisdiction at the Preliminary Stage if Requested by All Parties
  • Recognizing Tribunal’s and High Court’s Power to Enforce Confidentiality Obligations
  • Provision for Parties to Opt In to an Appellate Procedure on Questions of Law
  • Exclusion/Limitation of Set Aside Grounds Under the Model Law and IAA
  • Empowerment of the Court to Order Costs Following Set Aside

The authors note that the Ministry’s proposed amendments place a strong emphasis on party autonomy, furthering the ability of contracting parties to craft sophisticated and tailored procedures to meet their needs.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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