SINGAPORE Law and Practice Contributed by: Randolph Khoo, See Chern Yang, Tan Ei Leen and Sharon Ki, Drew & Napier
ment of arbitral awards) is expressly excluded under Singapore law by Section 3 (1) of the IAA. 4.2 Variations in Approach to Enforcement of Arbitral Awards A domestic arbitration award is enforced in the same manner as a judgment or order of the Singapore court, under Section 46 of the AA. An international arbitral award made in Singapore is also enforced in Singa - pore as a court judgment under Section 19 of the IAA. Generally, the seat of an arbitration determines where the award is made. The IAA distinguishes between an award made in Singapore and an award made in another state. Section 29 of the IAA deals with the recognition and enforcement of an award made in another state and gives effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted in 1958 by the United Nations Con - ference on International Commercial Arbitration (the “New York Convention”). Foreign awards made in the few jurisdictions that are not parties to the New York Convention are excluded from the enforcement provisions of the IAA by Section 27 (1) thereof. Such awards are conceivably enforce - able under Section 46 of the AA. Section 46 (3) of the AA provides that an arbitration award may be enforced as a Singapore court judgment “irrespec - tive of whether the place of arbitration is Singapore or elsewhere”. 4.3 Categories of Arbitral Awards Not Enforced Arbitration awards that have been set aside or that are not recognised by the Singapore courts will not be enforced. In PT First Media TBK v Astro Nusantara International BV (2014) 1 SLR 372 (“Astro”) (at (99)), the highest court in Singapore held that enforcement of a Singapore-seated award may be resisted under the grounds in Article 36 (1) of the UNCITRAL Model Law, despite this article being in Part VIII of the UNCITRAL Model Law, which is excluded from operation in Sin - gapore (as explained in 4.1 Legal Issues Concerning Enforcement of Arbitral Awards ). The case of Astro decided that this was the most efficacious way to give effect to the policy of the UNCITRAL Model Law and the New York Convention, with the following grounds
under Article 36 (1) being regarded as guidance to the Singapore courts in exercising their discretion over whether to enforce a Singapore-seated award: • the incapacity or invalidity of the arbitration agree - ment (Article 36 (1)(a)(i)); • the party against whom the award is invoked lacked notice of appointment of an arbitrator or the arbitration proceedings, or was otherwise unable to present their case (Article 36 (1)(a)(ii)); • the dispute is beyond the scope of submission to arbitration (Article 36 (1)(a)(iii)); • the presence of defects in the arbitral tribunal or procedure (Article 36 (1)(a)(iv)); • the award is not yet binding or has been set aside (Article 36 (1)(a)(v)); • issues of subject matter arbitrability under Singa - pore law (Article 36 (1)(b)(i)); and • issues of public policy (Article 36 (1)(b)(ii)). The enforcement of foreign awards made in a New York Convention state other than Singapore may be refused on the grounds set out in Section 31 (2) or 31 (4) of the IAA ( Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd (2006) 3 SLR(R) 174 at (46)). 4.4 Process of Enforcing Arbitral Awards Generally, there are two stages involved in the enforce - ment of an arbitral award. First Stage An application is made by the award creditor to the court for permission to enforce the award At this stage, the award creditor applies (without notice to the award debtor) for permission from the court under Section 46 of the AA or Section 19 or 29 of the IAA (depending on whether it is a non-foreign or foreign award) to enforce the award. The application must be supported by an affidavit (under Order 34, Rule 14 or Order 48, Rule 6 of the ROC 2021, which - ever is applicable) that: • exhibits the arbitration agreement and the award; • states the names and the usual or last-known places of business of the award creditor and debtor; and
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