Page:International Arbitration Act (Cap, 143A, 1995Ed.).pdf/5

Interpretation of Model Law by use of extrinsic material. 4.—(1) For the purposes of interpreting the Model Law, reference may be made to the documents of—

(a) the United Nations Commission on International Trade Law; and

(b) its working group for the preparation of the Model

Law, relating to the Model Law.

(2) Subsection (1) shall not affect the application of section 9A of the Interpretation ActCap. 1. for the purposes of interpreting this Act.

Application of Part II. 5.—(1) This Part and the Model Law shall not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part or the Model Law shall apply to that arbitration.

(2) Notwithstanding Article 1 (3) of the Model Law, an arbitration is international if—

(a) at least one of the parties to an arbitration agreement, at the time of the conclusion of the agreement, has its place of business in any State other than Singapore; or

(b) one of the following places is situated outside the State in which the parties have their places of business:

(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;

(ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country.

(3) For the purposes of subsection (2)—

(a) if a party has more than one place of business, the place of business shall be that which has the closest relationship to the arbitration agreement;