Singapore Considers Amending The Set-aside Regime In Its International Arbitration Statute

Earlier this year Singapore's Ministry of Law completed public consultations on proposed amendments to the International Arbitration Act 1994 ("IAA"). Specifically, the Ministry sought views on recommendations that: (i) the Singapore courts should be given the authority to make costs orders following a successful set-aside application; (ii) no separate cost principles should be introduced for unsuccessful set-aside applications; (iii) a leave requirement should be introduced for appeals to the Court of Appeal following an unsuccessful set-aside application before the High Court; and (iv) the time limit for filing setting aside applications should not be reduced.

This post reviews the recommendations and highlights nuances that could help improve the efficiency and user-friendliness of the set-aside regime. Herbert Smith Freehills Kramer has submitted more detailed comments to the Law Ministry as part of its public consultation process.