Nusa Chambers

This Practice Note introduces the concept of state immunity and the act of state doctrine. It sets out the policy of restrictive immunity in Singapore under the State immunity Act (Cap 313), including the decision in Maldives Airports. The note covers the availability of injunctions against states and state entities. The note also covers the issue of crown immunity, being the immunity of the Singapore government before the Singapore courts. The note also raises the issue of protections available under bilateral and multilateral investment treaties (BITs and MITs).

This Practice Note sets out the availability of a stay of litigation or court proceedings pending the outcome of an arbitration under the dual arbitration regime of the Singapore Arbitration Act (Cap 10) and the Singapore International Arbitration Act (Cap 143A). It covers the extent of judicial intervention and the test applied by the court in assessing whether the arbitration agreement is null and void. The Practice Note covers asymmetric or unilateral arbitration clauses, multi-tier dispute resolution clauses, the standard of review that a court applies in determining whether or not a stay of proceedings should be granted in favour of arbitration and the court’s power to order a conditional stay and the inherent jurisdiction of the Singapore courts to stay their own proceedings. An associated procedure discussed in the Practice Note is the restraining of winding-up proceedings in favour of arbitration. It also covers the non-arbitrability of certain claims, including in relation to insolvency, and the availability of indemnity costs for breach of the arbitration agreement under Singapore law. This topic may be referred to as applying or applications to court in Singapore to stay proceedings in favour of arbitration.