Singapore Arbitration Law EnglishARBITRATION ACTCHAPTER 10Original Enactment Act 37 of 2001REVISED EDITION 200231st July 2002An Act to provide for the conduct of arbitration1st March 2002PART IPRELIMI

to the arbitration;“person” includes a body corporate;“prescribed” means prescribed by rules made under this Act;“proceeding” includes an application and any other step in an arbitration;“property” includes any estate, interest or right in or over property of any kind, and any debt or other thing in action;“rules of arbitration” means the rules agreed by the parties to regulate the conduct of the arbitration;“Singapore” means the Republic of Singapore;“writing” includes any mode of representing or reproducing words in visible form.(2) For the purposes of this Act, an arbitration is international if —(a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or(b) one of the following places is situated outside the State in which the parties have their places of business:(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;(ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or(c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. [Act 12 of 2012 wef 01/06/2012]PART IIAARBITRATION AGREEMENTForm of arbitration agreement3.—(1) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.(2) An arbitration agreement shall be in writing.(3) An arbitration agreement is in writing if it is contained in —(a) a document signed by the parties; or(b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.(4) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.(5) An arbitration agreement is not in writing if it is made by an exchange of oral communications and it is not recorded in writing.(6) An arbitration agreement is in writing for the purposes of this Act and for the purposes of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10th June 1958 (the “New York Convention”), if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.(7) References in this Act to an arbitration agreement in writing shall include an agreement in an electronic record that is accessible so as to be useable for subsequent reference, but only if the information contained in the electronic record is accessible and capable of being reproduced in a tangible form. [Act 12 of 2012 wef 01/06/2012]Validity of arbitration agreement4.—(1) An arbitration agreement is valid if it satisfies the following conditions —(a) it is in writing;(b) it is made by parties with the capacity to enter into an arbitration agreement;(c) it identifies the subject-matter of the dispute to be referred to arbitration under the agreement;(d) it contains an indication that the parties have agreed to resolve disputes arising under the agreement by arbitration; and(e) it is signed by the parties or is contained in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.(2) For the purposes of subsection (1)(b), a person has the capacity to enter into an arbitration agreement if that person is capable of entering into a contract.(3) An agreement to submit to arbitration future disputes arising between the parties is valid.(4) The fact that an arbitration agreement is not valid shall not affect the validity of the contract of which it forms a part