Singapore University of Social Sciences

The Law and Practice of Arbitration in Singapore

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
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