Singapore legislation
Section 12
Section 12
Powers of arbitral tribunal
(1)
Without prejudice to the powers set out in any other provision of this Act and in the Model Law, an arbitral tribunal has powers to make orders or give directions to any party for —
security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
the preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute;
samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter of the dispute;
the preservation and interim custody of any evidence for the purposes of the proceedings;
securing the amount in dispute;
ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;
an interim injunction or any other interim measure; and
enforcing any obligation of confidentiality —
that the parties to an arbitration agreement have agreed to in writing, whether in the arbitration agreement or in any other document;
under any written law or rule of law; or
under the rules of arbitration (including the rules of arbitration of an institution or organisation) agreed to or adopted by the parties.
(2)
Unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other document in writing) agreed to the contrary, an arbitral tribunal has power to administer oaths to or take affirmations of the parties and witnesses.
(3)
Unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other document in writing) agreed to the contrary, an arbitral tribunal has power to adopt, if the arbitral tribunal thinks fit, inquisitorial processes.
(4)
The power of the arbitral tribunal to order a claimant to provide security for costs as mentioned in subsection (1)(a) must not be exercised by reason only that the claimant is —
an individual ordinarily resident outside Singapore; or
a corporation or an association incorporated or formed under the law of a country outside Singapore, or whose central management and control is exercised outside Singapore.
(5)
Without prejudice to the application of Article 28 of the Model Law, an arbitral tribunal, in deciding the dispute that is the subject of the arbitral proceedings —
may award any remedy or relief that could have been ordered by the General Division of the High Court if the dispute had been the subject of civil proceedings in the General Division of the High Court;
may award simple or compound interest on the whole or any part of any sum in accordance with section 20(1).
(6)
All orders or directions made or given by an arbitral tribunal in the course of an arbitration are, by leave of the General Division of the High Court, enforceable in the same manner as if they were orders made by a court and, where leave is so given, judgment may be entered in terms of the order or direction.