Singapore legislation
Section 92
Section 92
Proceedings of Board
(1)
Subject to the provisions of the Land Titles (Strata) Act 1967, a Board must, without delay after being constituted in respect of any dispute or matter with respect to which it has jurisdiction under this Act —
endeavour to mediate all matters that are in dispute and to bring about an agreement between the parties on those matters; and
if the Board is unable to do so at the end of a period (continuous or otherwise) of not more than 3 days of mediation, hear the parties to the dispute, arbitrate the matter and render a decision and make an order.
(2)
Subject to the provisions of this Act or the Land Titles (Strata) Act 1967, a Board may determine the procedure for mediation‑arbitration, but must allow the parties to present evidence and make submissions to it.
(3)
Without affecting subsection (2), a Board must —
for the purposes of the mediation referred to in subsection (1)(a), ensure that any agreement arrived at between the parties in settlement of the dispute or matter is in appropriate contractual language so as to allow its subsequent enforcement; and
for the purposes of the arbitration referred to in subsection (1)(b), act fairly and impartially and give each party an opportunity to present its case.
(4)
For the purposes of arbitration under subsection (1)(b), a Board 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 and interim custody of any evidence for the purposes of the proceedings;
samples to be taken from, or any observation to be made of or experiment conducted upon, any lot or common property or limited common property which is or forms part of the subject matter of the dispute; and
the preservation or interim custody of any property which is or forms part of the subject matter of the dispute.
(5)
To avoid doubt, all testimony or record of proceedings or notes of a Board during its conduct of mediation in any dispute or matter of which it has cognizance may not be disclosed without the consent of the person who made them.
(6)
The Arbitration Act 2001 does not apply to mediation‑arbitration proceedings before a Board.
(7)
The arbitration proceedings of a Board are open to the public and minutes of a Board including a note of any oral evidence given before the Board must be kept by the president of the Boards.
(8)
The arbitration proceedings of a Board are deemed to be judicial proceedings and the members of the Board are deemed to be public servants within the meaning of the Penal Code 1871.
(9)
A Board must carry out its work expeditiously and must make a final order or determination within 6 months from the date it is constituted or within such extension of time as the Minister may grant.