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Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Singapore
See question 1. In any arbitral or legal proceedings, if any party asserts the existence of an arbitration agreement and the same is not denied by the other party, when the assertion calls for a reply, there is deemed to be an arbitration agreement between the parties (Section 4(6) of the AA; Section 2A(6) of the IAA).

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
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Singapore
The doctrine of separability is captured under Section 21 of the AA and Article 16 of the Model Law. These provisions make clear that an arbitration clause which forms a part of a contract shall be treated as an agreement independent of the other terms of the contract. Further, the invalidity of the underlying contract does not automatically invalidate the arbitration agreement contained therein. A decision by the tribunal that the contract is null and void shall not ipso jure invalidate the arbitration clause.

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
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Singapore
Article 20 of the Model Law provides that the parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration will be determined by the arbitral tribunal, having regard to the circumstances of the case.

The parties are also free to agree on the language of the arbitration, failing which the arbitral tribunal is likewise free to determine the language of the proceedings.

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