Singapore legislation
Section 4
Section 4
Enforcement of nondomestic arbitration agreements
(1)
This section shall apply in relation to every arbitration agreement —
which provides, expressly or by implication, for arbitration in any State other than Singapore; or
to which there is, at the time the legal proceedings under subsection (2) are commenced, at least one party who is a national of, or habitually resident in, any State other than Singapore.
(2)
Where —
any party to an arbitration agreement to which this section applies institutes any legal proceedings in any court in Singapore against any other party to the agreement; and
the proceedings involve the determination of a dispute between the parties in respect of any matter which is required, in pursuance of the agreement, to be referred to, and which is capable of settlement by, arbitration,any party to the agreement may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings.
(3)
Subject to subsection (4), the court to which an application has been made in accordance with subsection (2) shall make an order, upon such conditions or terms as it thinks fit, staying the proceedings or, as the case may be, so much of the proceedings as involves the determination of the dispute and which refers the parties to arbitration in respect of the dispute in accordance with the arbitration agreement.
(4)
A court shall not make an order under subsection (3) if it is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed under —
the law to which the parties have subjected the arbitration agreement;
failing any indication under paragraph (a), the law of the country where the award will be made; or
failing any indication under paragraphs (a) and (b), the applicable law by virtue of the conflict of laws rules of Singapore.
(5)
Where a court makes an order under subsection (3), it may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as it thinks fit in relation to any property which is the subject of the dispute to which the order under subsection (3) relates.
(6)
For the purposes of subsections (2), (3) and (5), a reference to a party includes a reference to any person claiming through or under such party.
(7)
Section 7 of the Arbitration Act [Cap. 10] shall not apply to an arbitration agreement to which this section applies.