Clause 8

by deleting the definition of “arbitration agreement” in section 2(1) and substituting the following definition: “ “arbitration agreement” means an arbitration agreement referred to in section 4 and includes an agreement made by electronic communications if the information contained therein is accessible so as to be useable for subsequent reference;”;

by inserting, immediately after the definition of “court” in section 2(1), the following definitions:“ “data messages” means information generated, sent, received, or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;“electronic communications” means any communication that the parties make by means of data messages;”;

by deleting subsection (2) of section 31 and substituting the following subsection:“(2) An order made by the Court under this section shall cease to have effect in whole or in part (as the case may be) if the arbitral tribunal, or any such arbitral or other institution or person having power to act in relation to the subject-matter of the order, makes an order which expressly relates to the whole or part of that order of the Court.”; and

by inserting, immediately after section 59, the following section:“Authentication of awards and arbitration agreements59A.—

For the purposes of the enforcement of an award in any Convention country, the Minister may by order appoint such persons holding office in such arbitral institution or other organisation as the Minister may specify in the order, to authenticate any award or arbitration agreement or to certify copies thereof.(2) Any person appointed under subsection (1) —

shall comply with any condition imposed by the Minister; and

shall not, without the written consent of the parties, directly or indirectly disclose any matter, including the identity of any party to the award or arbitration agreement, to any third party.(3) An award or arbitration agreement or a copy thereof duly authenticated or certified by a person appointed under subsection (1) shall be deemed to have been authenticated or certified by a competent authority in Singapore for the purposes of enforcement in any Convention country.(4) For the avoidance of doubt, nothing in this section shall —

prevent any person from authenticating any award or arbitration agreement or certifying copies thereof in any other manner or method or by any other person, institution or organisation; or

affect the right of a person to challenge or appeal against any award by any available arbitral process of appeal or review, or in accordance with the provisions of this Act.(5) In this section, “Convention country” has the same meaning as in section 27(1) of the International Arbitration Act (Cap. 143A).”.