International Arbitration Lawyers in Singapore

We act as counsel in international commercial and construction arbitration, for parties in Singapore and across the region, and alongside local counsel where another jurisdiction’s law governs the contract.

Our lawyers have worked on matters connected with Singapore, China, Malaysia, Mongolia, India, Indonesia and the United Kingdom, for engineering, procurement and construction companies, engineering consultants, high technology manufacturers, trading companies and private clients.

Why parties arbitrate

Enforceability. An arbitral award is enforceable in over a hundred and seventy states under the New York Convention. A judgment of a national court is not, which is the single most practical reason cross-border contracts arbitrate.

Neutrality. Neither side has to litigate in the other’s home courts, before judges applying a procedure only one of them knows.

A tribunal that understands the subject. In a delay claim or a process plant failure, the ability to appoint arbitrators with the relevant technical background changes the quality of the decision.

Confidentiality. Arbitration is private, which matters where the dispute concerns a live commercial relationship or a reputational risk.

Singapore is one of the most used seats in the world for these reasons, with a supportive court system and a legislative framework built for it.

The clause decides more than people think

Most arbitration problems are created years earlier, in a clause nobody spent time on.

A workable clause settles the seat, which fixes the supervising court and the procedural law; the institution and rules, or that it is ad hoc; the number of arbitrators, since three costs materially more than one; the language; and the governing law of the contract, which is a different question from the seat and is routinely confused with it.

A clause that leaves these open, or that points in two directions at once, produces a dispute about the dispute before anyone reaches the merits. We draft and review these clauses, and it is a great deal cheaper than arguing about them later.

How an arbitration runs

Notice of arbitration and response, which start the process and frame it.

Constituting the tribunal, by agreement or through the institution, and this is a decision with more effect on the outcome than almost anything that follows.

A procedural order setting the timetable, the language, the evidential rules and the hearing dates.

Written submissions and evidence, usually in the form of full memorials with witness statements and expert reports attached, rather than pleadings followed by disclosure as a court would order.

Document production, narrower than common law discovery and generally run on the IBA Rules or something like them.

The hearing, with cross-examination and often expert conferencing, where opposing experts are questioned together.

The award, which is final and binding, with only narrow grounds for challenge.

Construction and engineering arbitration

A large part of this work is construction. Those cases turn on programme analysis, quantum and technical evidence rather than on legal argument alone, and we work with delay, quantum and engineering experts as a matter of routine.

Our construction page covers the underlying subject matter, including SOPA adjudication, which frequently runs in parallel with an arbitration over the same project.

Enforcement and challenge

An award is worth what you can enforce. We advise on enforcing awards here and on resisting enforcement, and on the limited grounds on which an award can be set aside at the seat.

The grounds are deliberately narrow, and Singapore’s courts have been consistent about not reopening the merits. That is a feature of the system rather than a gap in it, and it is a reason to get the arbitration itself right rather than to plan on a second attempt.

International arbitration in Singapore: frequently asked questions

Why arbitrate rather than litigate?

Chiefly enforceability across borders, plus neutrality, the ability to appoint a tribunal that understands the technical subject matter, and confidentiality. Where both parties and all the assets are in Singapore, litigation may well be the better answer, and we will say so.

What does the "seat" of arbitration mean?

The legal home of the arbitration. It determines which court supervises the process and which procedural law applies, including the grounds for challenging an award. It is not the same as the venue where hearings physically take place, and it is not the same as the law governing the contract. Confusing the three is one of the most common drafting errors.

How long does an arbitration take?

A straightforward matter can conclude within a year. A substantial construction arbitration with multiple experts takes considerably longer. The timetable is set by the tribunal in consultation with the parties, which gives more control than a court list but does not make it quick.

One arbitrator or three?

Three costs roughly three times as much in tribunal fees and takes longer to coordinate. For a large or complex dispute it is usually worth it, and each side having a say in the composition matters. For a smaller matter, a sole arbitrator is often the better choice, and the clause should say so rather than defaulting to three by silence.

Can an award be appealed?

Not in the ordinary sense. Awards can be challenged only on narrow procedural and jurisdictional grounds, and Singapore’s courts do not revisit the merits. Finality is much of the point of choosing arbitration, and it cuts both ways.

Our contract has a badly drafted arbitration clause. What now?

It may still work; tribunals and courts try to give effect to a clause where the parties clearly intended to arbitrate. But a clause that names a non-existent institution, or fixes no seat, or points to both arbitration and the courts, will cost time and money before the merits are reached. Send it to us and we will tell you where you stand.

Can you act with our lawyers in another country?

Yes, and often that is the right structure: local counsel on local law and local enforcement, with us on the arbitration itself. Our lawyers work in more than one language and have run matters connected with China, Malaysia, Mongolia, India, Indonesia and the UK.