SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
4.2 Default Procedures Under the IAA
arbitration agreement has its closest and most real connection will be applied. The courts have indicated that, given the inherently private and consensual nature of arbitration, the courts will ordinarily respect the principle of party autonomy and give effect to and enforce (workable) arbitration agreements, subject only to any public policy con - siderations to the contrary (see Insigma Technology Co Ltd v Alstom Technology Ltd [2009] 3 SLR(R) 936 at [34]). 3.4 Validity The separability doctrine has the force of law in Sin - gapore – ie, that an arbitration clause forming part of a contract is to be treated as an agreement independent of the other terms of the contract, and a decision by the tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause (Article 16 ML, Section 23 (2) and (3) AA). However, the courts have also commented that the principle of separability cannot guarantee the surviv - al of the arbitration clause in all circumstances, and, where a challenge to the validity of the underlying con - tract is raised, it is crucial to determine whether this is an attack on the arbitration agreement. For example, if the allegation is that the entire contract was entered into without authority, this may well be an attack on the validity of both the underlying contract and the arbitration agreement. On the other hand, if the chal - lenge is that the underlying contract is void or voidable for misrepresentation, the arbitration agreement may survive where the parties’ intention to arbitrate is not affected by the misrepresentation (see Founder Group ( Hong Kong ) Ltd v Singapore JHC Co Pte Ltd [2023] 2 SLR 554 (CA) at [58]).
In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon request of a party, by the President of the Court of Arbitration of the SIAC (the “SIAC Court”) (Article 11 (3)(b) ML, Section 8 (2) IAA). In an arbitration with two parties and three arbitrators, each party must appoint one arbitrator, and the parties must by agreement appoint the third arbitrator. If the parties fail to agree on the appointment of the third arbitrator within 30 days after the receipt of the first request by either party to do so, the appointment must be made, upon the request of a party, by the President of the SIAC Court (Section 9A and Section 8 (2) IAA). In an arbitration with three or more parties and three arbitrators, the claimant (or all the claimants if there is more than one, by agreement) must appoint an arbi - trator and inform the respondent/respondents of the appointment when the request for the dispute to be referred to arbitration is sent. The respondent (or all the respondents if there is more than one, by agreement) must appoint an arbitrator and inform the claimant/ claimants within 30 days after receipt of the aforemen - tioned request, or by the last respondent to receive the request if there is more than one respondent. The two arbitrators appointed above must by agreement appoint the third (and presiding) arbitrator. If either side fails to appoint an arbitrator or inform the other side of such appointment within the specified dura - tion, the President of the SIAC Court must, upon the request of any party, appoint all three arbitrators and designate one as the presiding arbitrator (Section 9B In an arbitration with a sole arbitrator, the default pro - cedure is the same as that under the IAA (see Under the IAA above). In an arbitration with three arbitrators, each party must appoint one arbitrator, and the parties must by agreement appoint the third arbitrator. If a party fails to appoint an arbitrator within 30 days from receipt of a request to do so, or if the two parties fail to agree, the President of the SIAC Court would make the appoint - and Section 8 (2) IAA). Under Section 13 AA
4. The Arbitral Tribunal 4.1 Limits on Selection
Parties are generally free to agree on the number of arbitrators and the method for their selection and appointment. Article 11 (1) ML and Section 13 (1) AA both provide that no person shall be precluded by reason of their nationality from acting as an arbitrator unless otherwise agreed by the parties.
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