SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
enforce any obligation of confidentiality that parties have agreed to in writing, under any written law or under the applicable arbitration rules. Such relief is binding on the parties. Under Section 12 (6) IAA and Section 28 (4) AA, all orders or direc - tions made or given by a tribunal are, by permission of the court, enforceable in the same manner as if they were orders made by the court; where permission is given, judgment may be entered in terms of the order or direction. 6.2 Role of Courts As indicated in 6.1 Types of Relief , under the IAA and AA, all orders/directions made or given by a tri - bunal are, by permission of the court, enforceable in the same manner as if they were orders made by the court, and where permission is given judgment may be entered in terms of the order/direction. In addition, under Section 12A IAA, irrespective of whether the seat of the arbitration is Singapore, the courts have the power to grant the same interim relief as the tribunal may grant, save for orders for security for costs, discovery of documents and discovery of facts. However, the court will not grant interim relief if it is of the opinion that the fact that the place of arbi - tration is outside Singapore makes it inappropriate to make the order. If the case is one of urgency, the court may order interim relief on the application of a party or proposed party to the arbitral proceedings, as the court thinks necessary for the purpose of preserving evidence or assets. If the case is not one of urgency, such relief may only be ordered where the application is made with the tribunal’s permission or with the agreement in writing of the other parties. In every case, the interim relief ordered will only be to the extent that the tribunal has no power in that regard, or is unable for the time being to act effectively. Under Section 31 AA, the court has the same power to make orders in respect of the orders that can be made by a tribunal as set out in the AA as it has for the purpose of and in relation to an action or matter in the court, as well as powers for securing the amount in dispute (ensuring that any award which may be made
in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party) and for an interim injunction or any other interim measure. The IAA and AA expressly allow the use of emergency arbitrators. Under Section 2 IAA and Section 2 AA, the term “arbitral tribunal” is defined as including an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties. In this regard, a decision by an emergency arbitrator in relation to interim relief is binding in the same way as a decision by a duly constituted tribunal, and the type of interim relief that may be granted by such emergency arbitrator is the same as the type of interim relief that may be granted by a duly constituted tribunal, as set out previously. The court may intervene even after an emergency arbitrator is appointed, but will do so only in limited circumstances, including where the emergency arbi - trator is for the time being unable to act effectively (as set out previously). 6.3 Security for Costs Under Section 12 IAA, the tribunal (but not the courts) may make orders or give directions for security for costs in relation to the arbitration proceedings. Under Sections 28 (2) and 31 (1) AA, both the tribunal and courts may order security for costs in relation to the arbitration proceedings. Parties are free to agree on the procedure for their arbitration proceedings, subject to the provisions of the IAA and AA (Article 19 (1) ML, Section 23 (1) AA). 7.2 Procedural Steps Within the period of time agreed by parties or deter - mined by the tribunal, the claimant is required to state the facts supporting their claim, the points at issue and the relief or remedy sought, and the respondent is to state their defence in respect of these particulars, unless the parties have agreed otherwise (Article 23 ML, Section 24 AA). 7. Procedure 7.1 Governing Rules
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