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» Enforcing an arbitration award

International arbitration act

Enforcement of international arbitral awards in Singapore is governed by the International Arbitration Act (IAA). The IAA is based on the UNCITRAL Model Law on International Commercial Arbitration and gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards 1958.

International arbitral awards whether made in Singapore (Singapore awards) or outside Singapore (foreign awards) may, by leave of the Singapore High Court be enforced in the same manner as a Singapore High Court judgment or an order to the same effect. Where such leave is given, the Singapore High Court may enter judgment in favour of the winning party against the losing party in the same terms as the award to be enforced.

How to enforce an award

To enforce an award, one must produce to the High Court:
  • Either the original award or a certified copy;
  • The original arbitration agreement or a certified copy; and
  • If applicable, a certified translation of the award and/or arbitration agreement.
Refusal of enforcement

The High Court may refuse to enforce the award where the party resisting enforcement proves that :-
  1. A party to the arbitration agreement in pursuance of which the award was made was, under the law applicable to him, under some incapacity at the time when the agreement was made;
  2. The arbitration agreement is not valid under the law to which the parties have subjected it or, in the absence of any indication in that respect, under the law of the country where the award was made;
  3. He was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case in the arbitration proceedings;
  4. The award deals with a difference not contemplated by, or not falling within the terms of, the submission to arbitration or contains a decision on the matter beyond the scope of the submission to arbitration;
  5. The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place;
  6. The award has not yet become binding on the parties to the arbitral award or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made;
  7. The subject-matter of the difference between the parties to the award is not capable of settlement by arbitration under the law of Singapore; or
  8. Enforcement of the award would be contrary to the public policy of Singapore.
More information

To contact us about the enforcement of an arbitral award (or resisting its enforcement), please click here.

For information on our experience in Dispute Resolution and International Arbitration, please click here.

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