The Arbitration Submission Agreement is used when parties with an existing dispute wish to resolve it through arbitration, even though they may not have a pre-existing arbitration clause in their original contract. This document, governed by Singapore law, provides a comprehensive framework for the arbitration process, including the scope of matters to be arbitrated, the selection of arbitrators, and the procedural rules to be followed. Singapore's robust arbitration framework, supported by the International Arbitration Act and the Singapore International Arbitration Centre (SIAC), makes it a preferred choice for both domestic and international disputes.
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1. Parties: Identification of the parties entering into the arbitration agreement
2. Background: Description of the dispute and circumstances leading to arbitration
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Express agreement to submit the dispute to arbitration
5. Scope of Arbitration: Definition of matters to be submitted to arbitration
6. Appointment of Arbitrators: Process for selecting arbitrators and tribunal composition
7. Seat of Arbitration: Specification of Singapore as the legal seat
8. Governing Law: Specification of Singapore law as governing law
1. Language of Arbitration: Specifies arbitration language if not English - include when parties are from different linguistic backgrounds
2. Institutional Rules: Specifies chosen arbitration institution rules - include when using institutional rather than ad hoc arbitration
3. Costs Allocation: Agreement on how arbitration costs will be shared - include when parties want to pre-agree cost allocation
4. Confidentiality: Additional confidentiality obligations - include when enhanced confidentiality is required
1. Schedule 1 - Dispute Details: Detailed description of the dispute being submitted to arbitration
2. Schedule 2 - Related Documents: List of relevant contracts or documents relating to the dispute
3. Schedule 3 - Arbitrator Requirements: Specific qualifications or requirements for arbitrators if any
4. Appendix A - Timeline: Agreed timeline for arbitration proceedings if any
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