(2) Without prejudice to the powers conferred on the arbitral tribunal by the parties under subsection (1), the tribunal shall have powers to make orders or give directions to any party for—
- (a) security for costs;
- (b) discovery of documents and interrogatories;
- (c) giving of evidence by affidavit;
- (d) a party or witness to be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation;
- (e) the preservation and interim custody of any evidence for the purposes of the proceedings;
- (f) samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject-matter of the dispute; and
- (g) the preservation, interim custody or sale of any property which is or forms part of the subject-matter of the dispute.
(3) The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (2) (a) shall not be exercised by reason only that the claimant is—
- (a) an individual ordinarily resident outside Singapore; or
- (b) a corporation or an association incorporated or formed under the law of a country outside Singapore, or whose central management and control is exercised outside Singapore.
(4) All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, by leave of the Court, be enforceable in the same manner as if they were orders made by the Court and, where leave is so given, judgment may be entered in terms of the order or direction.
Powers of arbitral tribunal in case of party’s default
29.—(1) The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party’s failure to take any necessary action for the proper and expeditious conduct of the proceedings.
