Disposiciones sobre el documento: Singapur: IAA, secciones 2A, 5 y 15

International Arbitration Act 1994 — selected complete sections Current SSO consolidation checked 28 October 2026; version in force from 9 March 2025.

Section 2A. Definition and form of arbitration agreement

(1)  In this Act, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.[12/2012] (2)  An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.[12/2012] (3)  An arbitration agreement must be in writing.[12/2012] (4)  An arbitration agreement is in writing 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.[12/2012] (5)  The requirement that an arbitration agreement must be in writing is satisfied by an electronic communication if the information contained in the electronic communication is accessible so as to be useable for subsequent reference.[12/2012] (6)  Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there is deemed to be an effective arbitration agreement as between the parties to the proceedings.[12/2012] (7)  A reference in a contract to any document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the contract.[12/2012] (8)  A reference in a bill of lading to a charterparty or other document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading.[12/2012] (9)  Article 7 of the Model Law does not apply to this section.[12/2012] (10)  In this section — “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy; “electronic communication” means any communication that the parties make by means of data messages.[12/2012]

Section 5. Application of this Part

(1)  This Part and the Model Law do not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part or the Model Law is to apply to that arbitration. (2)  Despite Article 1(3) of the Model Law, an arbitration is international if — (a) at least one of the parties to an arbitration agreement, at the time of the conclusion of the agreement, has its place of business in any State other than Singapore; (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. (3)  For the purposes of subsection (2) — (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; (b) if a party does not have a place of business, a reference to the party’s place of business is to be construed as a reference to the party’s habitual residence. (4)  Despite any provision to the contrary in the Arbitration Act 2001, that Act does not apply to any arbitration to which this Part applies.

Section 15. Law of arbitration other than Model Law

(1)  If the parties to an arbitration agreement (whether made before or after 1 November 2001) have expressly agreed either — (a) that the Model Law or this Part is not to apply to the arbitration; or (b) that the Arbitration Act 2001 or the repealed Arbitration Act (Cap. 10, 1985 Revised Edition) is to apply to the arbitration, then, both the Model Law and this Part do not apply to that arbitration but the Arbitration Act 2001 or the repealed Arbitration Act (Cap. 10, 1985 Revised Edition) (if applicable) applies to that arbitration. (2)  To avoid doubt, a provision in an arbitration agreement referring to or adopting any rules of arbitration is not of itself sufficient to exclude the application of the Model Law or this Part to the arbitration concerned.[28/2002]