SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
nates if they withdraw from office or if the other parties agree on the termination; otherwise, if a controversy remains, any party may request the courts to decide
The courts will undertake a de novo review of matters relating to the tribunal’s jurisdiction (see BNA v BNB and Another [2019] SGHC 142 at [10], which con - cerned an application under Section 10 IAA to chal - lenge the tribunal’s ruling that it had jurisdiction on the basis that the arbitration agreement was invalid under the law governing the arbitration agreement). An appeal against the decision of the General Division on jurisdiction may be brought only with permission of the appellate court. Where the tribunal makes a jurisdictional ruling as part of its final award, this can also be reviewed by the court in the context of an application brought to set aside the award in Singapore, as well as in an appli - cation brought to resist enforcement of the award in Singapore (see generally 11. Review of an Award and 12. Enforcement of an Award ). The courts will simi - larly undertake a de novo review of such jurisdictional rulings (see CBX and Another v CBZ and Others [2022] 1 SLR 47 at [11]). 5.3 Timing of Challenge Parties have the right to go to court to challenge the tribunal’s jurisdiction within 30 days after the tribunal rules on a plea as a preliminary question that it has jurisdiction or on a plea at any stage of the arbitral proceedings that it has no jurisdiction. Where the tri - bunal’s ruling on jurisdiction is made in its final award (rather than as a preliminary ruling), as indicated previ - ously, this can also be challenged in: • an application to set aside the award (which, under Article 34 (4) ML and Section 48 (3) AA, may not be made after three months from the date that the set-aside applicant had received the award, or, if a request has been made for correction/interpre - tation of the award, from the date on which the request is disposed of by the tribunal); or • an application to resist enforcement of the award. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility Under Singapore law, a distinction is drawn between matters going to the tribunal’s jurisdiction (ie, “the power of the tribunal to hear a case”), and admis - sibility (ie, “whether it is appropriate for the tribunal to
on the termination of the mandate. 4.5 Arbitrator Requirements
In addition to the matters set out in 4.4 Challenge and Removal of Arbitrators , under Article 12 ML and Section 14 (1) AA, when a person is approached in connection with their possible appointment as an arbi - trator, they should disclose any circumstances likely to give rise to justifiable doubts as to their impartiality or independence. This obligation of disclosure contin - ues from the time of appointment and throughout the arbitral proceedings. Arbitrators are also generally subject to their own Bar rules, including the Legal Profession (Professional Conduct) Rules 2015 (PCR), which applies to Singa - pore lawyers and registered foreign lawyers in Sin - gapore. The SIAC has issued a Code of Ethics for Arbitra - tors, which SIAC-appointed arbitrators are required to sign prior to their appointment, confirming (among various other matters) that they are, and shall remain, independent and impartial for the duration of the arbi - tration. Under Article 16 ML and Section 21 (1) AA, a tribunal has the power to rule on a party’s challenge to its own jurisdiction. The competence-competence principle applies to all arbitrations seated in Singapore. 5.2 Circumstances for Court Intervention Under Section 10 IAA and Section 21 (9) and 21A AA, if the tribunal rules on a plea as a preliminary question that it has jurisdiction, or on a plea at any stage of the proceedings that it has no jurisdiction, any party may, within 30 days after having received notice of that rul - ing, apply to the General Division of the High Court to decide the matter. 5. Jurisdiction 5.1 Challenges to Jurisdiction
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