Arbitration
Can I Choose My Own Arbitrator?
Yes, parties typically have the freedom to select their own arbitrator or agree on a method for appointment, which is one of arbitration's key advantages over litigation.
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Arbitration
Is SIAC Arbitration Only for International Disputes?
No, SIAC administers both domestic and international arbitrations, though it's best known internationally for handling complex, cross-border commercial disputes.
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What’s the Difference Between Institutional and Ad Hoc Arbitration?
Institutional arbitration is administered by a body like SIAC, which provides rules, case management, and a fee structure, while ad hoc arbitration is run entirely by the parties without institutional support.
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Can I Bring a Third Party Into an Existing Arbitration?
It depends on the applicable arbitration rules, but institutions like SIAC allow joinder of additional parties in certain circumstances, such as where they're bound by the same arbitration agreement.
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What Happens if the Other Party Refuses to Participate in Arbitration?
The arbitration can generally proceed without them, and the tribunal can issue a valid, binding award based on the evidence and submissions before it.
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Can I Sue in Court if My Contract Has an Arbitration Clause?
Generally no.
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Is a Multi-Tier Dispute Resolution Clause Enforceable in Singapore?
Yes, clauses requiring negotiation or mediation before arbitration are generally enforceable, provided the pre-conditions are clearly defined and not just an unenforceable agreement to agree.
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Can Consumer or Employment Contracts Force Arbitration in Singapore?
Arbitration clauses in consumer and employment contracts are less common in Singapore and can face scrutiny if used to unfairly limit access to statutory bodies like the Employment Claims Tribunal.
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What Happens if the Arbitration Seat and Venue Are Different Countries?
The seat determines which country's courts have supervisory jurisdiction over the arbitration, including setting aside applications, while the venue is simply where hearings physically take place and has no legal significance.
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Can I Recover My Legal Costs in Arbitration?
Yes, tribunals generally have discretion to award costs to the successful party, similar to "the costs follow the event" principle in litigation.
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What Happens if an Arbitrator Dies or Becomes Unable to Continue?
The institution will typically appoint a replacement arbitrator following the same process used for the original appointment, and the reconstituted tribunal may decide whether to repeat any hearings already held.
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How Is an Arbitrator Appointed if the Parties Can’t Agree?
If the parties can't agree on an arbitrator, the relevant arbitral institution, such as SIAC, or the Chief Justice under the Arbitration Act will step in and make the appointment instead.
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