SINGAPORE Law and Practice Contributed by: Chou Sean Yu, Wendy Lin, Monica Chong Wan Yee and Frank Oh Sheng Loong, WongPartnership LLP
10.2 Types of Remedies The tribunal may award any remedy or relief that could have been made by the General Division of the High Court if the dispute had been the subject of civil pro - ceedings in that court (Section 12 (5)(a) IAA, Section 34 (1) AA). Such powers exercisable by the Gener - al Division (which are set out in the Supreme Court of Judicature Act 1969) include, among others, the power to grant all reliefs and remedies at law and in equity (including damages, injunctions and specific performance). There is no rule in Singapore law preventing arbitrators from awarding punitive damages. However, under Sin - gapore law, such damages are exceptional and have only been granted for claims in tort. This is because Singapore courts have taken the view that under Sin - gapore law damages primarily serve a compensatory function, in order to place the aggrieved party, as far as possible, in the position it would have been in had the agreement not been breached (see PH Hydrau- lics & Engineering Pte Ltd v Airtrust ( Hong Kong ) Ltd and Another Appeal [2017] 2 SLR 129 (CA) at [62]). Accordingly, punitive damages are rarely awarded in arbitrations governed by Singapore law. 10.3 Recovering Interest and Legal Costs The tribunal may award (among others): • simple or compound interest on the whole or any part of any sum awarded by the tribunal; • any sum that is in issue in the proceedings but is paid before the date of the award; and • costs awarded by the tribunal in the proceedings. Where an award directs a sum to be paid, that sum – unless the award directs otherwise – carries interest as from the date of the award and at the same rate as a judgment debt (5.33% simple interest per annum) (Section 20 IAA and Section 35 (1) AA). The basis for awards of interest (eg, simple or compound) is at the tribunal’s discretion, and will depend on the circum - stances of the case. Tribunals generally have broad discretion to allocate and award legal costs. Under Rule 58.1 SIAC Rules 2025, the tribunal has the power to order that all or a part of a party’s legal or other costs are to be paid
implied consent, by order of the court, or where the interests of justice require disclosure (see AAY at [59]). Arbitration rules typically stipulate situations in which disclosure may be permitted – for example, for the purpose of making a court application to challenge or enforce the award. Where the IAA or AA applies to the arbitration, court proceedings in relation to such arbitration are to be heard in private, unless the court orders otherwise. In such private proceedings, although applications may be made to the court for directions on the publishing of information relating to the arbitral proceedings, the court will not give a direc - tion permitting information to be published unless all the parties agree that the information may be pub - lished, or unless the court is satisfied that such pub - lishing of information would not reveal any matter that any party to the proceedings reasonably wishes to remain confidential (Sections 22 and 23 IAA, Sections 56 and 57 AA). An arbitral award must be made in writing and signed by the arbitrator(s). If there is more than one arbitrator, it suffices that the award be signed by a majority of the arbitrators provided that the reason for any omit - ted signature(s) is stated. The award must state the reasons upon which it is based unless parties have agreed otherwise or it is an award by consent. Addi - tionally, the date of the award and the place of arbi - tration must be stated. A signed copy of the award must then be delivered to each party (Article 31 ML, Section 38 AA). 10. The Award 10.1 Legal Requirements There are no statutory time limits on the delivery of the award under the IAA and AA. Arbitration rules may prescribe time limits. Under Rule 53.2 SIAC Rules 2025 (save where the Expedited or Streamlined Pro - cedures apply), the tribunal must submit the draft award to the SIAC Secretariat within 90 days from the date of submission of the last directed submissions in the proceedings.
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