SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
7. Procedure 7.1 Governing Rules
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). Subject to any contrary agreement between the par - ties, the tribunal will decide whether to hold oral hear - ings for presentation of evidence or oral arguments, or whether the arbitration proceedings shall be con - ducted on the basis of documents only (Article 24 ML, Section 25 (1) AA). 7.3 Powers and Duties of Arbitrators An arbitrator has (among various powers) the power to order interim measures (see 6. Preliminary and Inter- im Relief ), and the power to determine the admissibil - ity, relevance, materiality and weight of any evidence (Article 19 (2) ML, Section 23 (3) AA). Arbitrators are expected to be fair and impartial (see 4.4 Challenge and Removal of Arbitrators and 4.5 Arbitrator Requirements ). They are expected to pro - vide parties with a reasonable opportunity to present their case, address disputes falling within the terms of the parties’ submission (and not decide on mat - ters beyond the scope of arbitration) and conduct the arbitration in accordance with the arbitral procedure agreed by parties and in accordance with the relevant statutory provisions; otherwise, the arbitral award may be set aside. 7.4 Legal Representatives There are no particular requirements for legal repre - sentatives acting as counsel in arbitrations in Singa - pore. The Legal Profession Act 1966 expressly per - mits foreign lawyers to represent parties in arbitrations governed by the IAA and AA. The SICC Rules 2021
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