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Private Arbitration Agreement for Singapore

Private Arbitration Agreement Template for Singapore

A Private Arbitration Agreement under Singapore law is a binding contract between parties who agree to resolve their disputes through arbitration rather than court litigation. The agreement is governed by Singapore's International Arbitration Act and Arbitration Act, providing a framework for both domestic and international arbitration. It details the arbitration process, appointment of arbitrators, applicable rules, and ensures confidentiality of proceedings while being enforceable under Singapore's arbitration-friendly legal regime.

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What is a Private Arbitration Agreement?

The Private Arbitration Agreement serves as a crucial legal instrument for parties seeking to resolve disputes outside the traditional court system in Singapore. It provides a confidential, flexible, and enforceable mechanism for dispute resolution, particularly suitable for commercial relationships where parties prefer to maintain privacy and control over the dispute resolution process. The agreement specifies all essential elements required under Singapore law, including the scope of arbitrable matters, arbitrator selection process, applicable rules, and procedural framework. This document is particularly valuable when parties want to ensure their disputes are resolved efficiently while maintaining business relationships.

What sections should be included in a Private Arbitration Agreement?

1. Parties: Identification and details of parties entering into the arbitration agreement

2. Background: Context and circumstances leading to the arbitration agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Arbitration: Specific matters to be referred to arbitration

5. Appointment of Arbitrators: Process for selecting arbitrators

6. Arbitration Procedure: Rules and procedures governing the arbitration process

7. Governing Law: Specification of Singapore law as governing law

8. Execution: Signature blocks and execution formalities

What sections are optional to include in a Private Arbitration Agreement?

1. Institutional Rules: Specific provisions when using institutional arbitration (e.g., SIAC). Include when parties choose institutional over ad hoc arbitration

2. Emergency Relief: Provisions for emergency arbitration and interim measures. Include when parties want to preserve right to seek emergency relief

3. Confidentiality: Special confidentiality provisions beyond standard requirements. Include when additional confidentiality protection is needed

4. Multi-tier Dispute Resolution: Preliminary steps before arbitration (negotiation, mediation). Include when parties want to attempt other forms of dispute resolution first

What schedules should be included in a Private Arbitration Agreement?

1. Schedule 1: Arbitration Rules: Detailed arbitration rules if not using institutional rules

2. Schedule 2: Arbitrator Qualifications: Specific requirements for arbitrator appointments

3. Schedule 3: Fee Structure: Breakdown of arbitration costs and fee arrangements

4. Appendix A: Related Agreements: List of agreements subject to the arbitration clause

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Singapore

Cost

Free to use

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