The Law and Practice of Arbitration in Singapore

Singapore University of Social Sciences

The Law and Practice of Arbitration in Singapore (CET315)

Synopsis

CET315 The Law and Practice of Arbitration in Singapore introduces the basic frameworks of commercial arbitration in Singapore and the applicable laws. The course invites students to consider the particular processes involved in the practice of arbitration as a dispute resolution mechanism. The course will comprise 6 seminars. In each seminar, students will first confirm their understanding which they have gathered from their readings of selected materials and case precedents which apply to commercial arbitration. They will then be guided to apply their understanding to legal problems involving arbitration issues with a view to be able to advise a client, in the case of a lawyer and in the case of a non-lawyer, to be able to participate in arbitrations by assisting their company or group, in any dispute referred to arbitration.

Level: 3
Credit Units: 5
Presentation Pattern: EVERY JULY

Topics

Introduction to commercial arbitration
The legislative framework for arbitration in Singapore
The UNCITRAL Model Law and its basic concepts
The Arbitration Agreement
Appointment of the Tribunal
The role of national courts
The Award
Public Policy in international arbitration
The recognition and enforcement of the Award
The Process of Arbitration – the stages, evidence and procedure
The New York Convention
Arbitral Institutions and Arbitration Rules

Learning Outcome

Indicate the utility of arbitration as a dispute resolution mechanism
Demonstrate understanding of legal concepts, values, principles and procedures of Singapore arbitration law and explain the relationship, as well as to apply them to the practice of arbitration as a dispute resolution process
Analyse fact patterns to identify relevant issues of law, fact and procedure
Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
Apply the relevant laws and principles to come to a conclusion on the issues
Formulate an opinion, provide a solution and advise based on the conclusions
Discuss critically, competing arguments in literature or in a group situation and make a reasoned choice between alternatives
Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
Employ information technology in an office environment for the search for information, the preparation of documents and presentations