Applicable Law Arbitration Agreement Template for Singapore

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Key Requirements PROMPT example:

Applicable Law Arbitration Agreement

"I need an Applicable Law Arbitration Agreement under Singapore law for a joint venture between our Hong Kong company and a Singapore-based technology firm, with SIAC arbitration and English as the language of proceedings."

What is a Applicable Law Arbitration Agreement?

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.

What sections should be included in a Applicable Law Arbitration Agreement?

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

What sections are optional to include in a Applicable Law 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

What schedules should be included in a Applicable Law Arbitration Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

International Arbitration Act (Cap. 143A): Primary legislation governing international arbitration in Singapore, incorporating the UNCITRAL Model Law

Arbitration Act (Cap. 10): Primary legislation governing domestic arbitration in Singapore

UNCITRAL Model Law: UN model law on international commercial arbitration, incorporated into Singapore law through the International Arbitration Act

SIAC Rules: Singapore International Arbitration Centre Rules providing detailed procedures for arbitration

Singapore Arbitration Rules of Court: Procedural rules governing court proceedings related to arbitration matters

Civil Law Act (Cap. 43): General civil law principles that may affect arbitration proceedings

Evidence Act (Cap. 97): Rules governing the admissibility of evidence which may be relevant in arbitration proceedings

Legal Profession Act (Cap. 161): Regulations regarding legal representation in arbitration proceedings

New York Convention: International convention on the Recognition and Enforcement of Foreign Arbitral Awards

Singapore Convention on Mediation: International convention facilitating enforcement of mediated settlement agreements

Arbitrability Requirements: Legal principles determining which types of disputes can be resolved through arbitration under Singapore law

Formal Validity Requirements: Legal requirements for an arbitration agreement to be considered valid and enforceable

Tribunal Powers: Scope and limitations of arbitral tribunal's authority under Singapore law

Court Support Powers: Extent of Singapore courts' powers to support and supervise arbitration proceedings

Choice of Law Rules: Principles governing the selection and application of substantive law in arbitration

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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