The International Comparative Legal Guide to Arbitration in Singapore

As a preliminary point, there are two separate arbitration regimes in Singapore — an international regime under the International Arbitration Act (“IAA”), Cap. 143A, and a domestic regime under  the Arbitration Act (“AA”), Cap. 10.

This guide will only address the position under the international regime.  An arbitration agreement may be in the form of an arbitration clause in a contract or a separate agreement (Article 7, Model Law).  It has to be in writing. This requirement will be satisfied if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of communication which provide a record of the agreement.

The definition of “arbitration agreement” now includes an agreement made by electronic communications, including emails and other electronic data messages (Section 2(1), IAA).  In all instances, the key is for parties to evince a clear intention to resolve all disputes by arbitration.

For more information on International Arbitration, visit International Comparative Legal Guides.