Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Singapore
Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement will be determined by arbitration, unless it is contrary to public policy (Section 11 of the IAA). Non-arbitrability is one of the grounds for setting aside an award (Section 48(1)(b)(i) of the AA; Article 34(2)(b) of the Model Law) and for refusing recognition or enforcement (Section 31(4)(a) of the IAA).

The matters which are non-arbitrable are not expressly set out in either the AA or the IAA. Matters which involve public interest issues could be considered to be non-arbitrable. These include matters pertaining to citizenship, marriage, statutory licences, validity and registration of intellectual property rights, winding up of companies, bankruptcy and criminal liability.

There have been various decisions by the Singapore courts on the question of arbitrability. In Larsen Oil and Gas Pte Ltd v Petroprod Ltd [2011] 3 SLR 414, it was held that disputes arising from the operation of the statutory provisions of the insolvency regime per se are non-arbitrable. In L Capital Jones Ltd v Maniach Pte Ltd [2017] 1 SLR 312, it was held that minority oppression claims are generally arbitrable, unless the particular facts raise public policy concerns.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Singapore
There are no restrictions on the choice of a seat of arbitration. Party autonomy is given paramount importance, and the parties are at liberty to choose any seat of arbitration.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP