Page:International Arbitration Act (Cap, 143A, 1995Ed.).pdf/6

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1995 Ed.
International Arbitration
Cap. 143A
5
(b) if a party does not have a place of business, a reference to his place of business shall be construed as a reference to his habitual residence.

(4) Notwithstanding anything to the contrary in the Arbitration ActCap. 10., that Act shall not apply to any arbitration to which this Part applies.

Enforcement of international arbitration agreement. 6.—(1) Without prejudice to Article 8 of the Model Law, where any party to an arbitration agreement to which this Act applies institutes any legal proceedings in any court in Singapore against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings.

(2) The court to which an application has been made in accordance with subsection (1) shall make an order, upon such terms or conditions as it may think fit, staying the proceedings unless it is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed.

(3) Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as it may think fit in relation to any property which is the subject of the dispute to which the order under that subsection relates.

(4) For the purposes of subsections (1), (2) and (3), a reference to a party includes a reference to any person claiming through or under such party.

Court’s powers on stay of Admiralty proceedings. 7.—(1) Where a court stays Admiralty proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order—

(a) that the property arrested be retained as security for the satisfaction of any award made on the arbitration; or
15. 3. 1995