[SG] AA 2001 Singapore Arbitration Act 2001
[SG] AA 2001
Singapore Arbitration Act 2001
(1) An award may be set aside by the Court —
(a) if the party who applies to the Court to set aside the award proves to the satisfaction of the Court that —
(i) a party to the arbitration agreement was under some incapacity;
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, under the laws of Singapore;
(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
(iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, except that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside;
(v) the composition of the arbitral tribunal or the arbitral procedure is not in accordance with the agreement of the parties, unless the agreement is contrary to any provisions of this Act from which the parties cannot derogate, or, in the absence of such agreement, is contrary to the provisions of this Act;
(vi) the making of the award was induced or affected by fraud or corruption;
(vii) a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced; or
(b) if the Court finds that —
(i) the subject matter of the dispute is not capable of settlement by arbitration under this Act; or
(ii) the award is contrary to public policy.
(2) An application for setting aside an award may not be made after the expiry of 3 months from the date on which the party making the application had received the award, or if a request has been made under section 43, from the date on which that request had been disposed of by the arbitral tribunal.
(3) When a party applies to the Court to set aside an award under this section, the Court may, where appropriate and so requested by a party, suspend the proceedings for setting aside an award, for any period of time that it may determine, to allow the arbitral tribunal to resume the arbitral proceedings or take any other action that may eliminate the grounds for setting aside an award.
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