Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Singapore
The Singapore courts apply a three-step approach. The courts will first give effect to the express choice of the parties; absent which the courts will look at all relevant facts and circumstances of the case to determine whether there is an implied choice as to the law of the arbitration agreement. If no implied choice can be determined, the courts will then apply the law that has the closest and most real connection to the arbitration agreement. In BCY v BCZ [2016] SGHC 249, the Singapore High Court held that when the arbitration agreement forms a part of the main contract, in the absence of express choice by the parties on the law governing the arbitration agreement, the governing law of the main contract is a strong indicator of the governing law of the arbitration agreement.

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
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Singapore
Yes, the arbitral tribunal is bound to decide the dispute in accordance with the law chosen by the parties as applicable to the substance of the dispute (Section 32(1) of the AA; Article 28 of the Model Law). Any reference to the laws of a particular state exclude its conflict of laws rules, unless otherwise expressed by the parties (Article 28(1) of the Model Law).

If the parties have not decided on an applicable law, the law applicable to the substance of the dispute will be decided by the arbitral tribunal, in accordance with the conflict of laws rules that it considers applicable (Section 32(2) of the AA; Article 28(2) of the Model Law). Under the Model Law, a tribunal may decide the dispute ex aequo et bono or as amiable compositeur only upon express authorisation by the parties (Article 28(3) of the Model Law).

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