How to Enforce a Foreign Arbitration Award in Singapore

Are you handling an international arbitration case and wondering how you can enforce the award in Singapore? Are you wondering what to do after your win abroad? At PDLegal, we understand that enforcement can seem like a new fight after the essential issue is settled. That’s why we’re here—to take you through the process clearly, effectively, and confidently. We have assisted many clients with the intricacies of arbitration and international arbitration, and we know what it takes to have a foreign arbitration award recognized and enforced in Singapore. 

Singapore as a Pro-Enforcement Jurisdiction 

Singapore is widely recognized as a leading venue for international arbitration. Its legal framework supports the enforcement of foreign arbitration awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Singapore is a signatory. This means that awards from other Convention countries can be recognised and enforced in Singapore, subject to certain legal conditions. 

The key legislation governing enforcement is the International Arbitration Act (IAA), which applies to international arbitration proceedings seated outside Singapore. 

Conditions for Enforcing a Foreign Arbitration Award 

For a foreign arbitration award to be enforceable in Singapore, it must meet a few basic requirements: 

• The award must come from a country that is a party to the New York Convention. 

• The award must be final and binding. 

• There must be a valid arbitration agreement in place. 

• The award must not fall under any statutory grounds for refusal. 

These conditions ensure that enforcement is consistent with international arbitration standards. 

How the Enforcement Process Works 

The enforcement process in Singapore is court-driven and follows clear procedural steps. We usually follow this general outline when working on such matters: 

1. Filing the Application
   An originating summons is filed in the Singapore High Court, along with supporting documents such as the arbitration agreement and the final award. 
2. Serving the Application
   The respondent must be served and is given the opportunity to contest the application within a specified period. 
3. Court Consideration
   If no objections are raised, the court may grant leave to enforce the award. If the respondent objects, the court will examine the grounds of opposition before deciding. 
4. Recognition as a Judgment
   Once leave is granted, the foreign arbitration award is treated like a judgment of the Singapore court and can be enforced as such. 

Required Documents for Enforcement 

To ensure a smooth process, certain documents must be provided when applying for enforcement of a foreign arbitration award: 

• The original arbitration award or a certified copy 

• The arbitration agreement or a certified copy 

• Translations into English, if the documents are in another language 

• Any necessary court forms or affidavits supporting the application 

We make sure these are prepared and presented in accordance with Singapore’s procedural rules. 

Grounds for Refusing Enforcement 

Singapore courts follow a pro-enforcement approach, but there are limited circumstances under which enforcement may be refused under Section 31 of the International Arbitration Act: 

• The arbitration agreement was not valid under applicable law. 

• A party was not given proper notice or was otherwise unable to present their case. 

• The award goes beyond the scope of the arbitration agreement. 

• The arbitral procedure was not in accordance with the parties’ agreement. 

• The award has been set aside or suspended by a competent authority in the seat of arbitration. 

• The subject matter is not arbitrable under Singapore law. 

• Enforcement would be contrary to public policy. 

These grounds are narrowly interpreted, reflecting Singapore’s strong support for international arbitration. 

Singapore’s Commitment to International Arbitration 

Singapore has developed a reputation as a trusted seat and enforcement hub for international arbitration. This is supported by its modern legislation, efficient courts, and alignment with global arbitration norms. 

Over the years, Singapore’s courts have demonstrated consistency and clarity in applying international arbitration principles. The legal environment continues to evolve in support of cross-border dispute resolution.  

Why Choose PDLegal for International Arbitration Matters? 

At PDLegal, we focus on delivering practical, commercially sound solutions in international arbitration matters. With our in-depth understanding of arbitration procedures and Singapore’s legal framework, we approach each case with clarity, precision, and efficiency. Our experience handling cross-border disputes allows us to navigate complex enforcement issues while ensuring compliance with the International Arbitration Act and the New York Convention. 

Conclusion 

Enforcing a foreign arbitration award in Singapore involves applying to the High Court, submitting the required documents, and meeting the conditions under the International Arbitration Act. Singapore’s strong legal system and support for international arbitration make the process efficient and reliable. 

At PDLegal, we guide clients through each step with clarity and experience in arbitration matters. Reach out to us now and make your arbitration award enforceable with confidence! 

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