| 18. |
Removal of the Tribunal |
| |
| 18.1. |
The Chairman may, on the application of a party, remove an arbitrator:
- who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his ability to do so; or
- who has refused or failed to use all reasonable dispatch in conducting the arbitration or making an award.
|
| 18.2. |
The arbitrator(s) concerned is entitled to appear and be heard at the hearing of the application to remove him. |
| 18.3. |
Upon the removal of the arbitrator, a substitute arbitrator shall be appointed and Rule 11 read with Rule 13 similarly applies. |
| 18.4. |
The Chairman's decision on the application is final and is not subject to appeal or review. | |
| 19. |
Re-hearing in the Event of the Replacement of the Tribunal |
| |
If the sole or presiding Arbitrator is replaced, there shall be a re-hearing. If any other arbitrator is replaced, such re-hearing may take place at the discretion of the Tribunal. |
| 20. |
Jurisdiction of the Tribunal |
| |
| 20.1. |
In addition to the jurisdiction to exercise the powers defined elsewhere in these Rules or any applicable statute for the time being in force, the Tribunal shall have jurisdiction to:
- rule on its own jurisdiction;
- determine any question of law arising in the arbitration;
- receive and take into account such written or oral evidence as it shall determine to be relevant, whether or not strictly admissible in law;
- proceed in the arbitration and make an Award notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal's written orders or written directions, or to exercise its right to present its case, but only after giving that party written notice that it intends to do so.
| |
| 21. |
Applicable law, amiable compositeur |
| |
| 21.1. |
The Tribunal shall apply the law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. |
| 21.2. |
The Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised it to do so and if the law applicable to the arbitral procedure permits such arbitration. |
| 21.3. |
In all cases, the Tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. | |
| 22. |
Transmission of File to the Tribunal |
| |
| 22.1. |
The Registrar shall, as soon as practicable transmit to the Tribunal, a file containing the Notice of Arbitration, the Response and all case statements to the Tribunal. |
| 22.2. |
The Tribunal shall as soon as practicable, after consultation with the parties, issue such orders and/or directions as are necessary for the conduct of the arbitration to conclusion, including a timetable for steps to be taken in the arbitration and for the hearing of the arbitration. | |
| 23. |
Juridical Seat of Arbitration |
| |
| 23.1. |
The juridical seat of arbitration shall be Singapore. |
| 23.2. |
An award made under these Rules shall be deemed to be an award made in Singapore. | |
| 24. |
Language of Arbitration |
| |
| 24.1. |
Subject to any agreement by the parties, the Tribunal shall, within 7 days after its appointment, determine the language or languages to be used in the proceedings. In the absence of agreement or determination, the language shall be English. |
| 24.2. |
This determination shall apply to the entire arbitration proceedings, including but not limited to, the Statement of Claimant's Case, the Statement of Respondent's Defence, and any further written statements or other communications. |
| 24.3. |
The Tribunal, or if the Tribunal has not been established, the Registrar, may order a party to submit a translation if a document is drawn up in a language other than the language(s) of the arbitration without a translation. | |
| 25. |
Interpreters |
| |
| 25.1. |
If required, one or both of the parties may appoint an interpreter with the leave of the Tribunal. |
| 25.2. |
The interpreter shall be independent of both parties and the party appointing the interpreter shall pay for the interpreter's fees. |
| 25.3. |
If the interpreter is appointed by both parties, the fees will be shared by both parties in such proportion as the Tribunal may determine. | |
| 26. |
Conduct of the Proceedings |
| |
The Tribunal shall have the widest discretion allowed by the Act to ensure the just, expeditious, economical and final determination of the dispute. |
| 27. |
Communications between Parties and the Tribunal |
| |
| 27.1. |
Where the Tribunal sends any written communication to one party, it shall send a copy of it to the other party or parties as the case may be. |
| 27.2. |
Where a party sends any written communication (including statements, expert reports or evidentiary documents) to the Tribunal, the same shall be copied to the other party or all other parties, whichever is applicable, and show to the Tribunal that the same has been so copied. |
| 27.3. |
The addresses of the parties for the purpose of all communications during the proceedings shall be those set out in the Notice of Arbitration, or as either party may at any time notify the Tribunal and the other party or parties, whichever is applicable. |
| 27.4. |
All correspondence between the parties and the Tribunal shall be copied to or sent through the Registrar. | |
|
Print