The Applicable Law Arbitration Agreement is essential for parties seeking to establish clear parameters for dispute resolution in Singapore. This document is particularly relevant for cross-border transactions where parties wish to leverage Singapore's sophisticated arbitration framework and pro-arbitration judicial approach. It specifies the governing law, encompasses provisions for the conduct of arbitration proceedings, and ensures enforceability under Singapore's International Arbitration Act. The agreement provides certainty regarding the applicable legal framework and procedural rules, making it a crucial component in international commercial contracts.
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1. Parties: Identification of contracting parties, including full legal names and addresses
2. Background: Context and purpose of the arbitration agreement, including reference to main agreement if standalone
3. Definitions: Key terms used in the agreement including 'Dispute', 'Rules', 'Seat', 'Award'
4. Scope of Arbitration: Types of disputes covered by the agreement and confirmation of submission to arbitration
5. Arbitration Rules: Chosen rules governing the arbitration (e.g., SIAC Rules) and any modifications
6. Seat of Arbitration: Specification of Singapore as the seat and legal jurisdiction of the arbitration
7. Governing Law: Specification of Singapore law as governing law of the arbitration agreement
1. Language of Arbitration: Specification of the language to be used in arbitral proceedings, relevant for international arbitrations
2. Number of Arbitrators: Specification of tribunal composition and appointment procedure when default rules are not preferred
3. Confidentiality: Additional confidentiality obligations beyond institutional rules, including scope and duration
4. Emergency Relief: Provisions for emergency arbitrator and interim measures when urgent relief may be needed
5. Costs: Special provisions regarding allocation of costs and security for costs
1. Notice Requirements: Detailed procedures for serving notices, including addresses and methods of delivery
2. Arbitrator Qualifications: Specific requirements for arbitrator appointments including expertise and experience
3. Fee Schedule: Modified fee structure if deviating from institutional rules
4. Model Arbitration Clause: Standard form arbitration clause for incorporation into other agreements
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