Singapore

Part I : What can be enforced ?

1. What counts as an arbitral award that can be enforced ?

Both the International Arbitration Act (the “IAA”) 1994 and the Arbitration Act (the “AA”) 2001 define an arbitral award in similar terms under s.2(1) of both Acts. Section 2(1) of the IAA defines an arbitral award as “a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction under Section 12.”1

There are no statutory definitions for interim, partial or interlocutory awards in either the AA or the IAA. However, in P T Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30, the Singapore Court of Appeal described partial, interim, and provisional awards in the following manner:

• Partial awards: An award which disposes a part of a party’s claim in an arbitration, with the remaining claims to be considered later in future arbitration proceedings.2
• Interim awards: An award which decided a preliminary issue relevant to the disposing of a particular claim.
• Provisional awards: An award which is issued to protect a party from damage during the course of the arbitral process.3

All of these awards may, with permission of the Court (Or the General Division of the High Court for international arbitration cases), be enforced in the same manner as a judgement or order of the Court to the same effect.4

2. Formal requirements that an award needs to conform with to be enforceable

Formal requirements of an award governed by the IAA are as set out under Article 31 of the the United Nations Commission on International Trade Law Model Law (the “Model Law”) which, aside from Chapter VIII thereof, has the force of law in Singapore pursuant to s.3(1) of the IAA.5 Under these provisions:

• The award needs to be in writing and signed by the arbitrator or by a majority of them provided that the reason for any omitted signature is stated.6
• The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under Article 30.7
• The award needs to state the date and place of arbitration as determined in accordance with Article 20(1) of the Model Law (The award shall be deemed to have been made at that place of arbitration).8

A copy of the award signed by the arbitrators in accordance with 1(a) shall be delivered to each party.9

Requirements of an award governed by the AA are as set out in s.38 of the AA. These requirements are similar to those set out in the IAA and are as follows:

• The award must be in writing and signed by the arbitrator. In the case of 2 or more arbitrators, the award must be signed by all or the majority of arbitrators provided that the reason for any omitted signature of any arbitrator is stated.10
• The award must state the reasons upon which it is based, unless the parties have agreed that no grounds are to be stated or the award is an award on agreed terms under s.37 of the AA.11
• The date of the award and place of arbitration must be stated in the award.12

After the award is made, a copy of the award signed by the arbitrator(s) in accordance with subsection 2(a) must be delivered to each party.13

3. Orders on interim measures: Enforceability

Interim measures under the IAA

Arbitrators have the power under s. 12 of the IAA to give orders or directions on the following interim measures for:

• Security for costs;14
• Discovery of documents and discovery of facts;15
• Giving of evidence by affidavit;16
• The preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute;17
• Samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter;18
• The preservation and interim custody of any evidence for the purposes of the proceedings;19
• Securing the amount in dispute;20
• Ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;21
• An interim injunction or any other interim measure;22
• Enforcing any obligation of confidentiality.23

Under s. 12(6) of the IAA, an interim measure ordered or directed by an arbitral tribunal seated in Singapore is enforceable, with permission by the General Division of the High Court, in the same manner as if they were orders made by a court and, where permission is so given, judgment may be entered in terms of the order or direction.

In accordance with Order 48, rule 5 of the Supreme Court of Judicature Act (Chapter 322) Rules of Court 2021 (the “ROC”), a party must provide an affidavit to the court together with it’s application for permission to enforce an interim order. The affidavit must:

• Exhibit a copy of the arbitration agreement or any record of the content of the arbitration agreement and the original order or direction made by the arbitral tribunal sought to be enforced.24
• State the provisions of the Act or the applicable rules adopted in the arbitration on which the applicant relies.25

A party to a foreign seated arbitration may apply under s.12A(1) of the IAA to the General Division of the High Court to seek interim reliefs in aid of the foreign seated arbitration.

Under s.12A(1) of the IAA, the General Division of the High Court of Singapore has the power to grant parties to a foreign seated arbitration identical orders stated in s.12 of the IAA, except orders for security of costs, discovery of documents, and discovery of facts.26

The Court may however refuse to grant interim relief under s.12 of the IAA if it is of the opinion that the fact that the place of arbitration is outside Singapore or is likely to be outside Singapore makes it inappropriate to grant such relief.27

If the case is one of urgency the Court may grant such interim relief as provided for under s.12(1)(c) to (j) as it thinks necessary for the purposes of preserving evidence or assets.28

If the case is one of not urgency the Court is only to grant an order for interim relief if the application for such relief is made by a party to the arbitral proceedings with the permission of the arbitral tribunal or the agreement in writing of the other parties.29

In all cases the Court is to grant interim relief under s.12 only if or to the extent that the arbitral tribunal, or any arbitral or other institution or person vested by the parties with power in that regard, has no power or unable for the time being to act effectively.30

Any orders made by the Court to grant interim relief under s.12 of the IAA ceases to have effect in whole or in part if the arbitral tribunal or any such arbitral or other institution or person having power to act in relation to the subject matter of the order, makes an order which expressly relates to the whole or part of the order granted by the Court.31

Interim measures under the AA

The powers that an arbitrator may exercise under the AA to grant interim measures are set in s.28(2) of the AA. In addition to these powers, parties may agree on the powers that may be exercised by the arbitral tribunal for the purposes of and in relation to the arbitral proceedings.

Under s.28(4) of the AA, an interim measure directed by an arbitral tribunal is enforceable, by permission of the General Division of the High Court, in the same manner as if they were orders made by the Court and, where permission is so given, judgement may be entered in terms of the order or direction.

In accordance with O.34, r.13 of the ROC, a party must provide an affidavit to the court together with it’s application for permission to enforce an interim order. The affidavit must:

• Exhibit a copy of the arbitration agreement or any record of the content of the arbitration agreement and the original order or direction made by the arbitral tribunal sought to be enforced;32 and
• State the provisions of the Act or the applicable rules adopted in the arbitration on which the applicant relies.33

The General Division of the High Court has powers to grant the interim relief specified under s.28(2) of the AA as well as powers to:

• Secure the amount in dispute;34
• Ensure that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;35
• Grant an interim injunction or any interim measure.36

Any orders made by the Court to grant interim relief under s.31 of the AA ceases to have effect in whole or in part if the arbitral tribunal or any such arbitral or other institution or person having power to act in relation to the subject matter of the order, makes an order which expressly relates to the whole or part of the order granted by the Court.37

In exercising its powers under s.31 of the AA, the Court is to have regard to any application made before the arbitral tribunal or any order made by the arbitral tribunal in respect of the same issue.38

4. Emergency Awards: Enforceability

Emergency Awards by arbitrations under the IAA and the AA

Both the IAA and the AA define what is an arbitral tribunal in similar terms under s.2(1) of both Acts. S.2(1) of the IAA defines an arbitral tribunal to be “a sole arbitrator or a panel of arbitrators or a permanent arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation.”39

Awards issued by emergency arbitrators, whether under the IAA or the AA, are enforceable in Singapore. Emergency awards issued by emergency arbitrators in a foreign seated arbitration are also enforceable in Singapore.40

Part II: Resisting enforcement

5. What counts as an arbitral ‘Award’ that can be enforced?

a. How are Awards set aside

(i) Under the IAA

• Setting aside an international arbitral award is a remedy that is available under the Model Law only from the relevant Court at the seat at which the arbitral award was issued.1
• Section 24 of the IAA, read with Article 34 of the Model Law, sets out the grounds on which the Singapore Court may set aside an international arbitral award issued in Singapore.
• Any such application is commenced by filing an Originating Application with a Supporting Affidavit,2 in the General Division of the High Court,3 or alternatively in the Singapore International Commercial Court (“SICC”).4 The application process and matters to be covered in the supporting affidavit are set out at subheading 5(h) of Part II below.

(ii) Under the AA

• Section 48 of the AA sets out the grounds for setting aside a domestic arbitral award issued in Singapore.
• Any such application is commenced by filing an Originating Application with a Supporting Affidavit,5 in the General Division of the High Court.6 The application process and matters to be covered in the supporting affidavit are set out at subheading 5(h) of Part II below.

b. Can enforcement be resisted if the respondent has not formally applied to set aside the Award?

Under Singapore law, a party who has not applied to set aside an arbitral award is nevertheless entitled to resist the enforcement of the same.7

Separately, the enforcement process is mechanistic, and does not require judicial investigation by the court of the jurisdiction in which enforcement is sought.8 The Court will only refuse enforcement if one of the grounds in s 31(2) or s 31(4) of the IAA are established.9

c. Can non-parties seek annulment?

A party who asserts that it is not a party to an arbitration agreement but nonetheless has been made a respondent to arbitral proceedings based on such an arbitration agreement may seek to annul an arbitral award issued in such proceedings,10 on the ground that there does not exist a valid or binding arbitration agreement.11

d. Grounds to seek setting aside

The grounds for setting aside an Award are found in s 24 of the IAA (read with Article 34 Model Law) and s 48 of the AA. These grounds are exhaustive.12

The grounds under s 24 of the IAA (read with Article 34 Model Law) provide that an Award may be set aside when:

• a party to the arbitration agreement referred to in Article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of Singapore;
• 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 his case;
• 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, provided 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; or
• the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of the IAA from which the parties cannot derogate, or, failing such agreement, was not in accordance with the IAA; or
• the making of the Award was induced or affected by fraud or corruption;
• 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;
• the subject-matter of the dispute is not capable of settlement by arbitration under the law of Singapore; or
• the Award is in conflict with the public policy of Singapore.

An Award may be set aside under s 48 of the AA when:

• a party to the arbitration agreement was under some incapacity;
• 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;
• 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;
• 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;
• 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 the AA from which the parties cannot derogate, or, in the absence of such agreement, is contrary to the provisions of the AA;
• the making of the award was induced or affected by fraud or corruption;
• 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;
• the subject matter of the dispute is not capable of settlement by arbitration under the AA; or
• the award is contrary to the public policy of Singapore.

e. Timelines to seek setting aside

Both the IAA and the AA require any setting aside application to be filed within 3 months from the date the Award was received.13 This time limit is interpreted strictly and is mandatory,14 even if fraud is subsequently discovered.15

f. Grounds to resist enforcement

The enforcement of a Foreign Award may be resisted under s 31(2) and 31(4) of the IAA when:

• a party to the arbitration agreement pursuant to which the Award was made was, under the law applicable to the party, under some incapacity at the time when the agreement was made;
• 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;
• the party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present the party’s case in the arbitration proceedings;
• subject to subsection (3) of s 31 of the IAA, 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;
• 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;
• 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;
• the subject matter of the difference between the parties to the Award is not capable of settlement by arbitration under the laws of Singapore; or
• enforcement of the Award would be contrary to the public policy of Singapore.

g. Which court to go to for setting aside?

Any application to set aside an arbitral award must be made, in the case of an international arbitration, to either the General Division of the High Court or the SICC. In the case of an arbitral award made in a domestic arbitration, such an application must be made to the General Division of the High Court. See subheading 5(a) in Part II above.

h. Formal requirements before court can grant setting aside

A party seeking to set aside an international arbitral award made pursuant to s 24 of the IAA or Article 34(2) of the Model Law must file an Originating Application which is supported by an affidavit which must:16

• State the grounds in support of the application;
• have exhibited to it a copy of the arbitration agreement or any record of the content of the arbitration agreement, the award and any other document relied on by the claimant;
• set out any evidence relied on; and
• be served with the Originating Application.

A party seeking to set aside a domestic arbitral award made pursuant to s 48 of the AA must file an Originating Application which is supported by an affidavit which must:17

• exhibit to it a copy of the arbitration agreement or any record of the content of the arbitration agreement, the award or any other document relied on;
• set out any evidence relied on; and
• be served with the Originating Application.

i. Do courts grant stay on enforcement as an interim measure?

For an arbitral award to become enforceable in Singapore, the award creditor must seek leave from the Court to enforce the award as a judgment of the Singapore Court. Such an application is made on an ex parte basis and once leave is granted, the award debtor has 14 days from the time he is served with the Court order granting leave to apply to set aside such leave.

The award is not enforceable until the award debtor’s application to challenge the order granting leave to enforce the arbitral award has been heard and disposed of.18 Where no such application is made, the arbitral award becomes enforceable within 14 days from the date the order granting leave to enforce the arbitral award is served on the award debtor.19

Where leave to enforce the arbitral award is not challenged, or where such challenge is unsuccessful, the arbitral award debtor may apply to stay the enforcement of the award pending:

• An application to set aside the arbitral award; or
• An appeal against the order dismissing the challenge to the order granting leave to enforce the arbitral award.

The principles that will be applied when a court considers an application by an award debtor to: (a) temporarily stay an order granting leave to the award creditor to enforce the award in its favour; and (b) stay the various enforcement proceedings prosecuted by the award creditor, pending the court hearing and disposing of the award debtor’s setting-aside application,20 are similar to principles governing applications for stay of execution of court judgments or court orders pending appeal.21

The Court will balance the interests of a successful award creditor in enjoying the fruits of the arbitration on the one hand, and on the other, the interests of an award debtor such that the setting-aside application, if successful, is not rendered nugatory.22

The key principles that will be applied are:23

• the strength of the argument that the arbitral award was invalid, assessed on a “brief consideration” and not a mini trial; and
• the ease or difficulty of the enforcement of the arbitral award and whether if enforcement was withheld or delayed it could become more difficult by the movement of assets, problems of trading, disappearance of the defendant.

j. What is the appellate mechanism against the decision of the court of the first instance?

Any appeal in relation to leave to enforce an arbitral award, whether domestic or international, is to be made in the Court of Appeal.24

Part III: Enforcing foreign Awards

6. NY Convention applicability

Under the IAA: The NY Convention applies to all foreign awards, which are arbitral awards made pursuant to an arbitration agreement in the territory of a Convention country other than Singapore.1 The NY Convention provides for the reciprocal recognition of foreign awards (i.e. International Arbitral Awards issued outside of Singapore) without judicial investigation of its merits.2

Under the AA: Domestic arbitral awards governed by the AA are enforceable under the NY Convention in a convention country.3

7. Timelines for enforcement

The Limitation Act 1959 and the Foreign Limitation Periods Act 2012 apply to arbitral proceedings under both the IAA4 and the AA.5

Any enforcement application of an arbitral award is to be made within 6 years of the date it was made for arbitral awards made under Singapore law,6 or such date as prescribed by foreign law, where relevant.7

8. Which court to go to? Relation with location of assets

If the assets of a foreign award debtor are located in Singapore, enforcement of the foreign award should be initiated with an application to the General Division of the High Court,8 or alternatively to the SICC.9

9. Can non-parties resist enforcement?

A party who is not a party to an arbitration agreement, but has been made a party to arbitration proceedings, may resist the enforcement of a foreign award,10 on the ground that there does not exist a valid or binding arbitration agreement.11

10. Compelling disclosure of local assets? How to identify assets available for enforcement

A foreign arbitral award may be enforced as if it were a Court Order or Judgment12 once leave is granted to enforce a foreign award.

Once leave is granted to enforce a foreign arbitral award, Order 22 of the Rules of Court 2021 allows for an enforcement applicant to apply for various orders, including an order for:

• seizure and sale of property;
• delivery of property;
• garnishing a non-party; and
• an examination of the enforcement respondent.13

The enforcement applicant may apply to Court through a summons without notice14 for an enforcement order in Form 38. The application must be supported by an affidavit stating, inter alia:15

• the terms of the Court order;
• the enforcement respondent’s name and address,
• the date the Court order was served on the enforcement respondent; and
• details of the judgment debt which remains unsatisfied.

Examination of the enforcement respondent is the primary means of obtaining information and documents as to assets available to satisfy the foreign arbitral award.16

11. Are third-party-funded Awards enforceable?

A foreign arbitral award which arises out of a third-party funded arbitral proceeding is enforceable in Singapore,17 provided the provisions of s 5B of the Civil Law Act are complied with, i.e. the relevant third party funder is a qualified third party funder18 and the dispute resolution proceeding involved is one which is prescribed under the Civil Law Act19 and the Civil Law (Third-Party Funding) Regulations 2017 (“TPFR”).20

All arbitration proceedings, both domestic and international,21 fall under the category of prescribed dispute resolution proceedings under the TPFR.22

12. What interim reliefs are available pending enforcement of Awards? Which of those reliefs are granted ex parte?

Section 12A(2) of the IAA permits the Court to grant any relief within s 12(c) to (j) of the IAA, pending the enforcement of an arbitral award.23 These reliefs include:

• giving of evidence by affidavit;
• the preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute;
• samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter of the dispute;
• the preservation and interim custody of any evidence for the purposes of the proceedings;
• securing the amount in dispute;
• ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;
• an interim injunction or any other interim measure; and
• enforcing any obligation of confidentiality —

(i) that the parties to an arbitration agreement have agreed to in writing, whether in the arbitration agreement or in any other document;

(ii) under any written law or rule of law; or

(iii) under the rules of arbitration (including the rules of arbitration of an institution or organisation) agreed to or adopted by the parties.

The application may be made ex parte if relief is sought on an urgent basis.24

An application for interim relief is made under Order 48, Rule 3(1)(c) of the Rules of Court 2021. The application is commenced by filing a summons in the action if an action is pending,25 or by way of an originating application if there is no pending action.

The application must be supported by an affidavit stating, inter alia, the:26

• reasons the application is taken out without notice and whether the applicant believes that there is a risk of dissipation of assets;
• factual basis for the application, including the basis of any belief that there will be a dissipation of assets;
• factual basis for any reasonable defences that may be relied on by the opponent; and
• undertaking to compensate parties affected by the grant of the orders sought, including a list of the applicant’s assets which would be able to satisfy the undertaking and the owner of such assets.

13. Formal requirements for enforcement application: what documents need to be filed in court?

Foreign awards may be enforced by commencing an application by originating application if no action is currently pending, or by summons in the action if an action is pending, with an affidavit:27

• exhibiting the arbitration agreement and the duly authenticated original award or, in either case, a duly certified copy of the arbitration agreement or award and, where the award or agreement is in a language other than English, a translation of it in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made;
• stating the name and the usual or last known place of residence or business of the applicant and the person against whom it is sought to enforce the award respectively; and
• as the case may require, stating either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

14. Enforcing Awards that have been annulled/ set aside at other courts. Enforcing when an annulment application is pending at a foreign court.

(i) Enforcing Awards which have been Annulled/Set Aside at Other Courts:

This issue has not been judicially resolved in Singapore,28 but the academic position is that a successful application to set aside would suggest that there is simply no award to enforce.29 However, the Singapore Courts have, in obiter, suggested that transnational issue estoppel should also apply to arbitral awards which have been set aside at the seat.30

Transnational issue estoppel applies in circumstances where an enforcement court is confronted with a prior decision of the seat court regarding the validity of an award.31

For transnational issue estoppel to arise, the following must be satisfied:32

• The foreign judgment must be capable of being recognised in the jurisdiction of the enforcement Court, where issue estoppel is being invoked. Under the common law, this means that the foreign judgment must:

(i) be a final and conclusive decision on the merits;

(ii) originate from a court of competent jurisdiction that has transnational jurisdiction over the party sought to be bound; and

(iii) not be subject to any defences to recognition.

• There must be commonality of the parties to the prior proceedings and to the proceedings in which the estoppel is raised.
• The subject matter of the estoppel must be the same as what has been decided in the prior judgment.

A party will be estopped from re-litigating the same issue before an enforcement court if transnational issue estoppel applies.33

(ii) Enforcement of awards pending annulment at a foreign court:

Once leave has been granted to enforce a foreign arbitral award, the same may be enforced notwithstanding any pending application before a foreign court for the setting aside or suspension of the award.34

See subheading 5(i) in Part II on when an award becomes enforceable and the principles for considering an application for stay of enforcement proceedings.

15. Once application for enforcement is allowed, how does the actual enforcement against assets work? What are the remedies available for tracing assets during enforcement proceedings including for assets disposed of by fraud?

(i) Actual Enforcement

Actual enforcement of an arbitral award is carried out by obtaining any of the various orders available under Order 22, Rules 2(2) and 2(3) of the Rules of Court as explained in heading 11 of Part III above.

(ii) Assets Disposed of by Fraud

The remedies under an enforcement application permit an examination of the enforcement respondent as set out in heading 11 of Part III above.

An arbitral award creditor may, under Order 11, Rule 11 of the Rules of Court, apply for the production of documents and information against a non‑party to enable an award creditor to trace the award debtor’s property.35 This application does not form part of the enforcement process and separate proceedings would have to be commenced in the General Division of the High Court.

16. What is the procedure for repatriation of sums Awarded after obtaining an order for enforcement?

If the sums to be repatriated are to a person resident in a country that is listed in the First Schedule of the Exchange Control Act, no permission is required from the Monetary Authority of Singapore and payment can be made through the usual channels.36

If the sums to be repatriated are to a person resident in a country that is listed outside of the First Schedule of the Exchange Control Act, repatriation of such sums can only be made with permission from the Monetary Authority of Singapore.37

17. Do courts grant orders for security for costs?

The court does not have the power to grant orders for security for costs in an international arbitration.38

Where a foreign award creditor seeks enforcement of the foreign award (i.e. before the foreign award has been entered as a judgment of the Singapore Court), and the Court is satisfied that an application to set aside or suspend the foreign award has been made to a competent authority of the country where, or under the law of which the foreign award was made, the Court may, on the application of the foreign award creditor, order the other party to give suitable security39 under the IAA.40

18. Exchange control regulations: do they affect payments to foreign Award holders?

Yes, see answers to heading 17 of Part III above.41

The award debtor may also apply to pay the award debt into Court if the payment to the award creditor requires permission from the Monetary Authority of Singapore.42

Such a payment, if made, would be a good discharge of the award debt.43

19. Enforcing Awards from non-NY convention places.

The recognition of foreign awards under the IAA only relates to an arbitral award made pursuant to an arbitration agreement in the territory of a Convention country other than Singapore.44 Accordingly, foreign arbitral awards from non-NY Convention countries are not subject to the enforcement process available under the IAA.

However, s 46(3) read with s 46(1) of the AA45 may allow the enforcement of arbitral awards from non-NY Convention countries.46

20. Enforcing against sovereigns.

A State is prima facie immune from the jurisdiction of the courts of Singapore.47 However, sovereign immunity is applicable only in relation to acts of the State,48 and extends to proceedings in the Singapore Courts which relate to the exercise of sovereign authority by the State acting in the capacity of a separate entity.49

However, where a State has agreed in writing to submit a dispute which has arisen, or may arise, to arbitration, the State is not immune as respects proceedings in the courts in Singapore which relate to the arbitration.50 These include applications for the recognition and enforcement of arbitral awards.51

21. Appellate mechanism available?

See subheading 5(j) of Part II on appeals against the first instance Court’s decision on enforcement.

Parties have no right to appeal to the Singapore Courts in relation to the merits of an international arbitral award under the IAA.

Parties may, however, in the case of an arbitral award governed by the AA, appeal to the Court on a question of law arising out of the award. Such an appeal cannot be brought unless all parties to the arbitral proceedings agree to the same or with the permission of the Court.

The Court will only grant permission when:52

• the determination of the question will substantially affect the rights of one or more of the parties;
• the question is one which the arbitral tribunal was asked to determine;
• on the basis of the findings of fact in the award —

(i) the decision of the arbitral tribunal on the question is obviously wrong; or

(ii) the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and

(iii) it is just and proper in all the circumstances for the Court to determine the question.

An appeal under s 49(1) of the AA may not be brought if the parties have not first exhausted:53

• any available arbitral process of appeal or review;54 and
• any available recourse under s 43 of the AA (correction or interpretation of award and additional award).55

An application or appeal under s 49(1) of the AA must be brought within 28 days of the date of the award, or if there has been any arbitral process of appeal or review, of the date when the applicant or appellant was notified of the result of that process.56

Part IV: Enforcing domestic awards

22. Timelines for enforcement

The Limitation Act 1959 applies to domestic arbitral proceedings.1

In relation to arbitral awards where the seat of the arbitration is Singapore, any enforcement application of such an award is to be made within 6 years of the date it was made.2

23. Which court to go to? Relation with location of assets?

If the assets of a domestic award debtor are located in Singapore, enforcement of the domestic award should be initiated with an application to the General Division of the High Court.3

24. Compelling disclosure of local assets? How to identify assets available for enforcement?

A domestic arbitral award may be enforced as if it were a Court Order or Judgement4 once leave is granted to enforce a domestic award.

Once leave is granted to enforce a domestic arbitral award, Order 22 of the Rules of Court 2021 allows for an enforcement applicant to apply for various orders, including an order for:

• seizure and sale of property;
• delivery of property;
• garnishing a non-party; and
• an examination of the enforcement respondent.5

The enforcement applicant may apply to Court through a summons without notice6 for an enforcement order in Form 38. The application must be supported by an affidavit stating, inter alia:7

• the terms of the Court order;
• the enforcement respondent’s name and address,
• the date the Court order was served on the enforcement respondent; and
• details of the judgment debt which remains unsatisfied.

Examination of the enforcement respondent is the primary means of obtaining information and documents as to assets available to satisfy the domestic arbitral award.8

25. Are third-party-funded awards enforceable?

Yes, a domestic arbitral award which arises out of a third-party funded arbitral proceeding is enforceable in Singapore,9 provided the provisions of s 5B of the Civil Law Act are complied with as explained in heading 12 of Part III.

26. What interim reliefs are available pending enforcement of awards? Which of those reliefs are granted ex parte?

Section 12A(2) of the IAA permits the Court to grant any relief within s.12(c) to (j) of the IAA, pending the enforcement of a domestic international arbitral award.10 See heading 13 of Part III for the list of interim reliefs available under s.12A(2) and how they may be granted ex parte.

Section 31(1) of the AA permits the Court to grant various reliefs pending enforcement of a domestic arbitral award. These reliefs include:

• the reliefs set out in s.28 of the AA;11

(i) security for costs;

(ii) discovery of documents and discovery of facts;

(iii) giving of evidence by affidavit;

(iv) a party or witness to be examined on oath or affirmation;

(v) the preservation and interim custody of any evidence for the purposes of the proceedings;

(vi) samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter of the dispute; and

(vii) the preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute.

• securing the amount in dispute;12
• ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;13
• an interim injunction or any other measure.14

The application for interim reliefs under the AA may be made ex parte if the case is one of urgency.15

An application for interim reliefs is made under Order 34, Rule 3(1)(c) of the Rules of Court 2021. The application is commenced by filing a summons in the action if an action is pending,16 or by way of an originating application if there is no pending action.

The application must be supported by an affidavit stating, inter alia, the:17

• reasons the application is taken out without notice and whether the applicant believes that there is a risk of dissipation of assets;
• factual basis for the application, including the basis of any belief that there will be a dissipation of assets;
• factual basis for any reasonable defences that may be relied on by the opponent; and
• undertaking to compensate parties affected by the grant of the orders sought, including a list of the applicant’s assets which would be able to satisfy the undertaking and the owner of such assets.

27. Formal requirements for enforcement application: what documents need to be filed in court?

Domestic international awards under the IAA may be enforced by commencing an application by originating application if no action is currently pending, or by summons in the action if an action is pending, with an affidavit:18

• exhibiting the arbitration agreement or any record of the content of the arbitration agreement and the duly authenticated original award or, in either case, a duly certified copy of the arbitration agreement or record and a duly certified copy of the award and, where the award, agreement or record is in a language other than English, a translation of it in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made;
• stating the name and the usual or last known place of residence or business of the applicant and the person against whom it is sought to enforce the award respectively; and
• as the case may require, stating either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

Domestic awards under the AA may be enforced by commencing an application by originating application if no action is currently pending, or by summons in the action if an action is pending, with an affidavit:19

• exhibiting the arbitration agreement or any record of the content of the arbitration agreement and the original award or, in either case, a copy of the arbitration agreement or record and a copy of the award;
• stating the name and the usual or last known place of residence or business of the applicant and the person against whom it is sought to enforce the award, respectively; and
• as the case may require, stating either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

28. Filing for enforcement when application for annulment is pending.

Yes, an applicant can file for enforcement of a domestic, or a domestic international, arbitral award when there is a pending application for annulment.20

29. Once application for enforcement is allowed, how does the actual enforcement against assets work? What are the remedies available for tracing assets during enforcement proceedings including for assets disposed of by fraud?

(i) Actual Enforcement

Actual enforcement of an arbitral award is carried out by obtaining any of the various orders available under Order 22, Rules 2(2) and 2(3) of the Rules of Court as explained in heading 11 of Part III.

(ii) Assets Disposed of By Fraud

The remedies under an enforcement application permit an examination of the enforcement respondent as set out in heading 11 of Part III.

An arbitral award creditor may, under Order 11, Rule 11 of the Rules of Court, apply for the production of documents and information against a non‑party to enable an award creditor to trace the award debtor’s property.21 This application does not form part of the enforcement process and separate proceedings against the non-party would have to be commenced in the General Division of the High Court.

30. Do Courts grant orders for security costs ?

Yes, the General Division of the High Court does have the power to order a party to provide security for costs in a domestic arbitration under the AA.22

However, the Court does not have the power to grant orders for security for costs in a domestic international arbitration under the IAA.23

31. Appellate Mechanism available ?

Yes, see heading 22 of Part III for the answer.

References

Part I

1. Section 2(1) of the AA defines an arbitral award as “a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction under Section 28”
2. Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30 at paragraph 46
3. Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30 at paragraph 49
4. Section 46(1) AA, Section 19 IAA
5. Section 3(1) IAA
6. Article 31(1) Model Law
7. Article 31(2) Model Law
8. Article 31(3) Model Law
9. Article 31(4) Model Law
10. Section 38 (1)(a) and (b) AA
11. Section 38(2) AA
12. Section 38(3) AA
13. Section 38(5) AA
14. Section 12(1)(a) IAA
15. Section 12(1)(b) IAA
16. Section 12(1)(c) IAA
17. Section 12(1)(d) IAA
18. Section 12(1)(e) IAA
19. Section 12(1)(f) IAA
20. Section 12(1)(g) IAA
21. Section 12(1)(h) IAA
22. Section 12(1)(i) IAA
23. Section 12(1)(j) IAA
24. O.48, r.5(1)(a) ROC
25. O.48, r.5(1)(b) ROC
26. Section 12A(2) IAA
27. Section 12A(3) IAA
28. Section 12A(4) IAA
29. Section 12A(5) IAA
30. Section 12A(6) IAA
31. Section 12A(7) IAA
32. O.34, r.13(a) ROC
33. O.34, r.13(b) ROC
34. Section 31(1)(b) AA
35. Section 31(1)(c) AA
36. Section 31(1)(d) AA
37. Section 31(2) AA
38. Section 31(3) AA
39. Section 2(1) of the AA defines an arbitral tribunal to be “a sole arbitrator or a panel of arbitrators or a permanent arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation.”
40. CVG v CVH [2022] SGHC 249 at paragraph 28

Part II

1. PT Garuda Indonesia v Birgen Air [2001] SGHC 262 at [92] to [93].
2. Order 48, Rule 2(1)(d), Rules of Court 2021 (“ROC”).
3. International Arbitration Act 1994, s 24.
4. Order 23, Rule 3(1), Rule 3(2) and Rule 7(1)(d), Singapore International Commercial Court Rules 2021.
5. Order 34, Rule 5, Rules of Court 2021 (“ROC”).
6. Arbitration Act 2001, s 48(3) read with s 2(1).
7. Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another [2021] 2 SLR 1279 at [137].
8. Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd and another [2006] 3 SLR(R) 174, at [39], [42] and [46].
9. Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd and another [2006] 3 SLR(R) 174, at [46].
10. Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2011] AC 763 at [160].
11. BXH v BXI [2020] 1 SLR 1043 at [79], [88] and [90].
12. Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd and another [2006] 3 SLR(R) 174 at [46].
13. See Art 34(3) of the Model Law in the case of the IAA and s 48(2) in the case of the AA.
14. PT Pukuafu Indah and others v Newmont Indonesia Ltd and another [2012] 4 SLR 1157 at [29] and [30].
15. Bloomberry Resorts and Hotels Inc and another v Global Gaming Philippines LLC and another [2021] 3 SLR 725 at [26], [41] to [46].
16. Order 48, Rule 2(4), Rules of Court 2021.
17. Order 34, Rule 5(2), Rules of Court 2021.
18. Man Diesel Turbo SE v IM Skaugen Marine Services Pte Ltd [2019] 4 SLR 537 at [34] and [35].
19. Man Diesel Turbo SE v IM Skaugen Marine Services Pte Ltd [2019] 4 SLR 537 at [34] and [35].
20. CDM and others v CDP [2021] 4 SLR 1272 at [38], [39] and [40].
21. CDM and others v CDP [2021] 4 SLR 1272 at [39].
22. CDM and others v CDP [2021] 4 SLR 1272 at [39] and [40].
23. CDM and others v CDP [2021] 4 SLR 1272 at [45] and [46].
24. Supreme Court of Judicature Act 1969, s 29C(2) r/w Paragraph 1(c) of the Sixth Schedule.

Part III

1. International Arbitration Act 1994, s 27(1), r/w NY Convention.
2. Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd and another [2006] 3 SLR 174 at [42].
3. Arbitration Act 2001, s 59A(1).
4. International Arbitration Act 1994, s 8A(1).
5. Arbitration Act 2001, s 11(1).
6. Limitation Act 1959, s 6(1)(c).
7. Foreign Limitation Periods Act 2012, s 3(1) and (2).
8. International Arbitration Act 1994, s 29(1).
9. Order 23, Rule 3(2) r/w Order 23, Rule 8(3), Singapore International Commercial Court Rules 2021 (“SICC Rules”).
10. See BXH v BXI [2020] 1 SLR 1043 at [79], [87], [88] and [90] where the Court made parallels between the grounds for setting aside and refusal of enforcement.
11. See BXH v BXI [2020] 1 SLR 1043 at [79], [87], [88] and [90] where the Court made parallels between the grounds for setting aside and refusal of enforcement.
12. International Arbitration Act 1994, s 29(1) r/w s 19.
13. Order 22, Rule 11(1), Rules of Court 2021 r/w Paragraph 145 of the Supreme Court Practice Directions 2021 (“SCPD”).
14. Order 22, Rule 2(3), Rules of Court 2021.
15. Order 22, Rule 2(4), Rules of Court 2021.
16. Order 22, Rule 11(1), Rules of Court 2021.
17. Civil Law Act, s 5B(1).
18. Civil Law Act, s 5B(2), r/w Civil Law (Third-Party Funding) Regulations 2017, regulation 4.
19. Civil Law Act, s 5B(3), r/w s 5B(8).
20. Civil Law (Third-Party Funding) Regulations 2017, regulation 3.
21. See Lao Holdings NV v Government of the Lao People’s Democratic Republic and another matter [2023] 4 SLR 77 at [69] to [74] for a commentary on the inclusion of third-party funding in enforcement and setting aside proceedings in the High Court.
22. Civil Law (Third-Party Funding) Regulations 2017, regulation 3(a).
23. AYK and another v AYM [2015] SGHC 329 at [12].
24. Order 48, Rule 3(3), Rules of Court 2021
25. Order 48, Rule 3(2) r/w 6(2), Rules of Court 2021.
26. Paragraph 73(1), Supreme Court Practice Directions 2021 (“SCPD”).
27. Order 48, Rule 3(2) r/w 6(2), Rules of Court 2021.
28. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [79]. This case dealt with whether an arbitral award could nevertheless be set aside at an enforcement court in circumstances where India failed to set aside the arbitral award at the seat.
29. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [77] to [79].
30. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [77] to [79].
31. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [77], [79] and [102].
32. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [64] to [70] and [132].
33. The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 at [102] and [176].
34. Man Diesel Turbo SE v IM Skaugen Marine Services Pte Ltd [2019] 4 SLR 537 at [34] to [35] and [37].
35. Order 11, Rule 11(1), Rules of Court 2021.
36. Exchange Control Act 1953, s 7 and 8.
37. Exchange Control Act 1953, s 7 and 8.
38. International Arbitration Act 1994, s 12A(2).
39. Man Diesel Turbo SE v IM Skaugen Marine Services Pte Ltd [2019] 4 SLR 537 at [41], [47] to [48].
40. International Arbitration Act 1994, s 31(5)(b).
41. Exchange Control Act 1953.
42. Exchange Control Act 1953, Fourth Schedule Paragraph 3(1).
43. Exchange Control Act 1953, Fourth Schedule Paragraph 3(1).
44. International Arbitration Act 1994, s 27(1).
45. International Arbitration Act 1994, s 46(1) r/w s 46(3).
46. See EFG Bank AG, Singapore Branch v Surewin Worldwide Ltd and others [2022] 5 SLR 915 at [76] for the discussion on the AA applying to arbitral awards from countries which are not signatories to the NY Convention.
47. State Immunity Act 1979, s 3(1) and (2).
48. State Immunity Act 1979, s 16(1).
49. State Immunity Act 1979, s 16(3).
50. State Immunity Act 1979, s 11.
51. Deutsche Telekom AG v The Republic of India [2024] 3 SLR 1 at [172].
52. Arbitration Act 2001, s 49(5).
53. Arbitration Act 2001, s 50(2).
54. Arbitration Act 2001, s 50(2)(a).
55. Arbitration Act 2001, s 50(2)(b).
56. Arbitration Act 2001, s 50(3).

Part IV

1. International Arbitration Act 1994, s.8A(1). Arbitration Act 2001, s.11(1).
2. Limitation Act 1959, s 6(1)(c).
3. International Arbitration Act 1994, s.19. Arbitration Act 2001, s.2(1) and s.46.
4. International Arbitration Act 1994, s.19. Arbitration Act 2001, s.46.
5. Order 22, Rule 11(1), Rules of Court 2021 r/w Paragraph 145 of the Supreme Court Practice Directions 2021 (“SCPD”),
6. Order 22, Rule 2(3), Rules of Court 2021.
7. Order 22, Rule 2(4), Rules of Court 2021.
8. Order 22, Rule 11(1), Rules of Court 2021.
9. Civil Law Act, s 5B(1).
10. AYK and another v AYM [2015] SGHC 329 at [12].
11. Arbitration Act 2001, s.31(1)(a).
12. Arbitration Act 2001, s.31(1)(b).
13. Arbitration Act 2001, s.31(1)(c).
14. Arbitration Act 2001, s.31(1)(d).
15. Order 34, Rule 3(3) Rules of Court 2021.
16. Order 34, Rule 3(2) Rules of Court 2021.
17. Paragraph 73(1), Supreme Court Practice Directions 2021 (“SCPD”).
18. Order 48, Rule 3(2) r/w 6(1) Rules of Court 2021.
19. Order 34, Rule 3(2) r/w Rule 14(1), Rules of Court 2021.
20. CDM and others v CDP [2021] 4 SLR 1272 at [40] to [41].
21. Order 11, Rule 11(1), Rules of Court 2021.
22. Arbitration Act 2001, s.31(1)(a) r/w s.28(2)(a).
23. International Arbitration Act 1994, s.12A(2).