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Singapore arbitration: jurisdiction challenges, repudiation, anti-suit relief, stays, non-party proceedings, winding-up and indemnity costs
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Singapore arbitration: jurisdiction challenges, repudiation, anti-suit relief, stays, non-party proceedings, winding-up and indemnity costs
Challenging the jurisdiction of the tribunal pre-award—Singapore’s Arbitration Act and International Arbitration Act Singapore operates a dual-track arbitration framework: the Arbitration Act, 2001 (AA) applies to domestic references, while the International Arbitration Act 1994 (IAA) governs international arbitrations whether the seat is in Singapore or abroad, including those conducted outside Singapore. Both statutes recognise separability, treating the arbitration agreement or clause as autonomous, distinct and independent from the underlying contract. They likewise embody the doctrine of Kompetenz-Kompetenz, vesting the tribunal with competence to rule on its own jurisdiction—including the conclusion that it lacks authority over the parties’ dispute should that be the case. The High Court of Singapore in Malini Ventura v Knight Capital Pte Ltd observed that the UNCITRAL Model Law on International Commercial Arbitration (Model Law) empowers the arbitral tribunal to decide if it has jurisdiction to hear the disputes in
Arbitration
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