ORDER 69A

INTERNATIONAL ARBITRATION ACT

Interpretation (O. 69A, r. 1)
1. In this Order, unless the context or subject-matter otherwise indicates or requires —

"Act" means the International Arbitration Act (Chapter 143A);

"Model Law" means the UNCITRAL Model Law on International Commercial Arbitration set out in the First Schedule to the Act and as modified by the Act.

Matters for a Judge in person (O. 69A, r. 2)
2. —(1) Every application to a Judge —

(a) to decide on the challenge of an arbitrator under Article 13 (3) of the Model Law;

(b) to decide on the termination of the mandate of an arbitrator under Article 14 (1) of the Model Law;

(c) to appeal against the ruling of the arbitral tribunal under Article 16 (3) of the Model Law; or

(d) to set aside an award under section 24 of the Act or Article 34 (2) of the Model Law,

must be made by originating summons.

(2) [Deleted by S 806/2005]

(3) An application under paragraph (1) (a), (b) or (c) shall be made within 30 days from the date of receipt by the applicant (who shall be referred to in the originating summons and hereafter in this Order as the plaintiff) of the arbitral tribunal’s decision or ruling.

(4) An application under paragraph (1) (d) shall be made within 3 months from the date of receipt by the plaintiff of the award or the corrected award.

(4A) The affidavit in support must —

(a) state the grounds in support of the application;

(b) have exhibited to it a copy of the arbitration agreement, the award and any other document relied on by the plaintiff;

(c) set out any evidence relied on by the plaintiff; and

(d) be served with the originating summons.

(4B) [Deleted by S 806/2005]

(4C) Within 14 days after being served with the originating summons, the defendant, if he wishes to oppose the application, must file an affidavit stating the grounds on which he opposes the application.

(4D) An application for leave to appeal against a decision of the Court under section 10 of the Act must be made within 7 days of the decision of the Court.

(5) For the purpose of this Rule, the date of receipt of any decision, ruling, award or corrected award shall be determined in accordance with Article 3 of the Model Law.

Matters for Judge or Registrar (O. 69A, r. 3)
3. —(1) Every application or request to the Court —

(a) to hear an application otherwise than in open Court under section 22 of the Act;

(b) for leave to enforce interlocutory orders or directions of an arbitral tribunal under section 12 (6) of the Act;

(c) for interlocutory orders or directions under section 12 (7) of the Act;

(ca) to reinstate discontinued proceedings under section 6 (4) of the Act;

(d) for leave to enforce an award under section 18 or 19 of the Act; or

(e) for leave to enforce a foreign award under section 29 of the Act,

shall be made to a Judge or the Registrar.

(2) Any application to which this Rule applies must, where an action is pending, be made by summons in the action, and in any other case by originating summons.

(3) Where the case is one of urgency such application may be made ex parte on such terms as the Court thinks fit.

Service out of jurisdiction of originating process (O. 69A, r. 4)
4. —(1) Service out of the jurisdiction of the originating summons or of any order made on such originating summons under this Order is permissible with leave of the Court whether or not the arbitration was held or the award was made within the jurisdiction.

(2) An application for the grant of leave under this Rule must be supported by an affidavit stating the ground on which the application is made and showing in what place or country the person to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Rule.

(3) Order 11, Rules 3, 4 and 6 shall apply in relation to any such originating summons or order as is referred to in paragraph (1).

Enforcement of interlocutory orders or directions (O. 69A, r. 5)
5. —(1) An application for leave to enforce an order or direction given by an arbitral tribunal must be supported by an affidavit —

(a) exhibiting a copy of the arbitration agreement and the original order or direction made by the arbitral tribunal sought to be enforced; and

(b) stating the provisions in the Act or the applicable rules adopted in the arbitration on which the applicant relies.

(2) Where the order sought to be enforced is in the nature of an interim injunction under section 12 (1) (e) or (f) of the Act, leave shall be granted only if the applicant undertakes to abide by any order the Court or the arbitral tribunal may make as to damages.

Enforcement of arbitral awards (O. 69A, r. 6)
6. —(1) An application for leave to enforce an award or a foreign award may be made ex parte and must be supported by an affidavit —

(a) exhibiting the arbitration agreement and the duly authenticated original award or, in either case, a duly certified copy thereof and where the award or agreement is in a language other than English, a translation of it in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made;

(b) stating the name and the usual or last known place of abode or business of the applicant (referred to in this Rule as the creditor) and the person against whom it is sought to enforce the award (referred to in this Rule as the debtor) respectively; and

(c) as the case may require, stating either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

(2) An order giving leave must be drawn up by or on behalf of the creditor and must be served on the debtor by delivering a copy to him personally or by sending a copy to him at his usual or last known place of abode or business or in such other manner as the Court may direct.

(3) Service of the order out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such an order.

(4) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may fix, the debtor may apply to set aside the order and the award shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the order, until after the application is finally disposed of.

(5) The copy of that order served on the debtor must state the effect of paragraph (4).

(6) In relation to a body corporate, this Rule shall have effect as if for any reference to the place of abode or business of the creditor or the debtor there were substituted a reference to the registered or principal address of the body corporate; so, however, that nothing in this Rule shall affect any enactment which provides for the manner in which a document may be served on a body corporate.

Subpoena (O. 69A, r. 7)
7. Order 38, Rules 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 shall apply in relation to the issue of a subpoena under section 13 of the Act as they apply in relation to proceedings in the Court.

Taking of evidence (O. 69A, r. 8)
8. Order 39 shall apply in relation to the taking of evidence for arbitration proceedings under Article 27 of the Model Law as it applies for the purpose of proceedings in the Court.