Stay of proceedings in favour of arbitration in Singapore
Produced in partnership with Shaun Lee and Low Zhe Ning of Bird & Bird ATMD LLP

The following Arbitration practice note produced in partnership with Shaun Lee and Low Zhe Ning of Bird & Bird ATMD LLP provides comprehensive and up to date legal information covering:

  • Stay of proceedings in favour of arbitration in Singapore
  • Singapore’s dual arbitration regime
  • The extent of judicial intervention
  • Extent of intervention under the AA
  • Extent of intervention under the IAA
  • Repudiation of arbitration clause
  • Commencement of court proceedings
  • Refusal to participate in mediation in a med-arb clause
  • Asymmetric or unilateral arbitration clauses
  • Multi-tier dispute resolution clauses
  • More...

Stay of proceedings in favour of arbitration in Singapore

Singapore’s dual arbitration regime

Singapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4 SLR 646 at [32] (not reported by LexisNexis® UK)). The Singapore Arbitration Act (Cap 10) (the AA) governs domestic arbitration while the Singapore International Arbitration Act (Cap 143A) (the IAA) governs international arbitration, whether seated in Singapore or abroad. Section 5(2) of the IAA sets out when an arbitration is international.

Under both section 6 of the AA and section 6 of the IAA, Singapore courts have the power to stay court proceedings when a party to an arbitration agreement commences court proceedings against any other party to the agreement. The exercise of such a power is premised on the fact that an arbitration agreement exists between the two parties and that there is a dispute between the parties which falls within the remit of that arbitration agreement.

AA, s 6(1) and IAA, s 6(1) both specify that the appropriate time for an applicant to make an application for a stay of proceedings in favour of arbitration is after an appearance has been made, but before delivering any pleading or taking any other step in the proceedings. In L Capital v Maniach, the Court of Appeal confirmed that an application to strike

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