Singapore legislation
Clause 91
Clause 91
Settlement of disputes
(1)
If a dispute concerning the constitution, election of officers, conduct of general meetings, management or business of a society arises —
among members, past members and persons claiming through members, past members and deceased members;
between a member, past member or deceased member, and the society, its committee of management or any officer of the society;
between the society or its committee of management and any officer of the society; or
between the society and any other society,such dispute shall be referred to the Registrar for decision.
(2)
Without prejudice to the generality of subsection (1) —
a claim by a society for a debt or demand due to it from a member, past member or the nominee or legal personal representative of a deceased member, whether such debt or demand is admitted or not; and
a claim by a member who was guarantor of a loan against the member whose loan he guaranteed, resulting from the repayment by the guarantor of the loan to the society, for the repayment of the amount by the borrower to the guarantor,shall be deemed to be disputes concerning the business of the society within the meaning of subsection (1).
(3)
Reference of a dispute to the Registrar may be made either by the committee of management or by the society by resolution in general meeting or by any party to the dispute or, if the dispute concerns a sum due from a member of the committee of management to the society, by any member.Such reference shall be made in writing addressed to the Registrar and shall —
be dated;
specify the dispute in detail and state the amount claimed or the decision sought; and
be signed by the person making it.
(4)
The Registrar shall, on receipt of a reference under subsection (1) and on being satisfied that a dispute exists —
decide the dispute himself;
refer it to the arbitrator; or
refer it to three arbitrators appointed by him, of whom one shall be nominated by each of the parties to the dispute and a third shall be nominated by the Registrar who shall appoint the chairman. If a party to the dispute fails to nominate an arbitrator within fifteen days, the Registrar may himself make the nomination.
(5)
The Registrar may withdraw any reference made under paragraph (b) or (c) of subsection (4) and decide the dispute himself.
(6)
A party aggrieved by a decision of the Registrar or an award of an arbitrator or arbitrators under this section may, within thirty days of the date of the decision or award, appeal in writing to the Minister specifying, if applicable, that part of the decision or award against which he is appealing and stating in detail the grounds of his appeal and the Minister on such appeal shall have power to confirm, vary or rescind the whole or part of a decision or award and remit the matter to the Registrar with such directions as he thinks fit for giving effect to his decision.
(7)
The Registrar and any arbitrator or arbitrators appointed by him under the provisions of this section shall for the purposes of proceedings brought under the provisions of this section have power to administer oaths, to require the attendance of all parties concerned and witnesses, and to require the production of all books and documents relating to the matter of the dispute, by a summons served by hand or sent by registered post to the party’s last known address or served by a process server of a court and shall further have power to order the expenses of determining the dispute to be paid either out of the funds of the society or by such party or parties to the dispute, as he may think just.
(8)
In proceedings held under this section, no party shall be represented by any advocate and solicitor except with the permission of the Registrar or the arbitrator or arbitrators, as the case may be.
(9)
Subject to the provisions of this section, any award made by an arbitrator or any decision given by the Registrar or the Minister shall be final and shall not be called in question by any court.
(10)
The award of the arbitrator or arbitrators or the decision of the Registrar or the Minister, as the case may be, shall, on the application of the party in whose favour it is given, be enforced by any court which would have jurisdiction in civil suits between the parties to the dispute in the same manner as if the award or decision had been a judgment or decision of a District Court.