Assignment Submission
For
Continuous Evaluation
In the course of
Arbitration, Conciliation and Alternate Dispute Resolution System (Clinical Course)
2BL722
SEMESTER VII
Title- “ARBITRATION AGREEMENT”
Submitted By:
Astitva Singh (21bal012)
Institute of Law, Nirma University
Introduction to Facts
This arbitration agreement pertains to a commercial dispute between Global Infrastructure
Solutions Ltd. ("the Contractor"), a multinational engineering and construction company,
and Metro City Development Authority ("the Authority"), a governmental entity
responsible for urban infrastructure. The dispute has arisen from a contract entered into
between the parties on [Date] (the "Contract") for the design, construction, and
maintenance of a public transportation infrastructure project within Metro City. Under the
Contract, the Contractor was obliged to complete the project by a specified deadline and to
adhere to defined technical and safety standards.
However, due to unforeseen delays and alleged additional expenses incurred by the
Contractor, disagreements have surfaced regarding the allocation of additional costs,
penalties, and the extent of each party’s obligations under the Contract. The parties have
mutually consented to resolve any such disputes or claims by means of arbitration, in
accordance with the Singapore International Arbitration Centre (SIAC) Rules, 2016. This
Arbitration Agreement, as set out below, is intended to establish a binding and enforceable
framework for the resolution of such disputes.
Arbitration Agreement
1. Scope of Arbitration
1.1. Arbitrable Disputes
The Parties expressly agree that any and all disputes, controversies, or claims arising out of,
relating to, or in connection with this Agreement, including but not limited to disputes
regarding the interpretation, performance, breach, or termination of the Contract, shall be
exclusively resolved by arbitration under this Agreement.
1.2. Inclusion of Ancillary Claims
The scope of arbitration shall encompass all related claims, including claims for damages,
specific performance, or injunctive relief, whether such claims arise directly under the
Contract or are incidental to its enforcement, including disputes arising out of post-
completion obligations.
1.3. Non-Arbitrable Matters Exclusion
Matters expressly barred from arbitration under applicable laws shall not fall within the
jurisdiction of the arbitral tribunal established under this Agreement.
2. Institutional Rules
2.1. Adoption of SIAC Rules
The arbitration shall be administered by the Singapore International Arbitration Centre
(SIAC) in accordance with its Arbitration Rules (as amended or revised from time to time)
(the "Rules"), which are deemed incorporated by reference into this Agreement.
2.2. Prevailing Provisions
In the event of any inconsistency between this Agreement and the SIAC Rules, the provisions
of this Agreement shall prevail to the maximum extent permissible under the governing law.
2.3. SIAC Administration and Oversight
The SIAC shall exercise administrative control over the arbitral process, including but not
limited to the appointment of arbitrators, scheduling of proceedings, and administration of
fees, in accordance with the Rules.
3. Seat and Venue of Arbitration
3.1. Arbitral Seat
The designated seat of arbitration, which shall determine the legal jurisdiction applicable to
procedural aspects of the arbitration, is Singapore.
3.2. Venue for Hearings
The venue for arbitration hearings, procedural conferences, and related meetings shall be
determined by the Tribunal in consultation with the Parties, provided that the primary venue
shall be located within the geographical boundaries of Singapore, unless mutually agreed
otherwise.
3.3. Exclusive Jurisdiction of Courts at Seat
The Parties agree that courts at the seat of arbitration shall have exclusive supervisory
jurisdiction over the arbitral proceedings, including applications for interim relief,
enforcement of awards, and any other judicial assistance sought in support of the
arbitration.
4. Composition of the Arbitral Tribunal
4.1. Tribunal Formation
The arbitral tribunal (the "Tribunal") shall consist of three arbitrators, each possessing
requisite experience and qualifications in international commercial arbitration and the
infrastructure sector.
4.2. Appointment Process
Each Party shall nominate one arbitrator within a period of thirty (30) days from the date of
receipt of the notice of arbitration. The two appointed arbitrators shall, within thirty (30)
days of their appointment, jointly select a third arbitrator who shall act as the Presiding
Arbitrator of the Tribunal.
4.3. Default Appointment by SIAC
If either Party fails to nominate an arbitrator within the stipulated time, or if the two
appointed arbitrators are unable to agree upon the Presiding Arbitrator within the specified
period, the appointment shall be made by the SIAC in accordance with its Rules.
5. Language of Arbitration
5.1. Official Language
The official language of the arbitration proceedings, including all submissions, hearings,
awards, and communications, shall be English.
5.2. Translation of Documents
Any documents submitted in a language other than English shall be accompanied by a
certified English translation, the costs of which shall be borne by the submitting Party, unless
otherwise directed by the Tribunal.
6. Confidentiality
6.1. Non-Disclosure Obligation
All aspects of the arbitration proceedings, including submissions, evidence, awards, and any
communications between the Parties and the Tribunal, shall be kept confidential and not
disclosed to any third party except as may be required by law or for the enforcement of an
arbitral award.
6.2. Permitted Disclosures
Disclosure is permitted only to the extent necessary to (i) comply with legal or regulatory
requirements, (ii) enforce or challenge an arbitral award, or (iii) enable legal counsel or
advisors to provide assistance in the proceedings, provided that such advisors agree to abide
by confidentiality obligations.
7. Interim and Emergency Relief
7.1. Interim Measures by Tribunal
The Tribunal shall have the authority to grant any interim or conservatory measures deemed
necessary to preserve the rights of the Parties, maintain the status quo, or protect assets,
pending the final resolution of the dispute.
7.2. Emergency Relief Prior to Constitution of Tribunal
In cases of urgent necessity where the Tribunal has not yet been constituted, any Party may
apply to the SIAC for the appointment of an emergency arbitrator, who shall have the
authority to issue interim measures on an expedited basis in accordance with the SIAC Rules.
8. Governing Law
8.1. Law Governing Arbitration Agreement
This arbitration agreement shall be governed by and construed in accordance with the laws
of Singapore, irrespective of any conflict of laws principles.
8.2. Law Governing Contractual Obligations
The substantive law governing the principal Contract shall be determined in accordance with
[applicable law provision as stated in the main Contract].
9. Costs and Expenses
9.1. Cost Allocation
The Tribunal shall have discretion to allocate the costs of the arbitration, including but not
limited to Tribunal fees, administrative costs, and any expert fees, between the Parties based
on considerations of fairness and equity.
9.2. Legal Fees
Each Party shall bear its own legal fees and other expenses incurred in connection with the
arbitration, unless the Tribunal decides otherwise in its final award.
10. Finality and Binding Nature of the Award
10.1. Binding Effect of Award
The Parties agree that the arbitral award shall be final, conclusive, and binding, with each
Party waiving, to the fullest extent permitted by law, any right to appeal or otherwise
challenge the award in any court or judicial forum.
10.2. Enforcement of Award
The Parties undertake to carry out the award without delay and to consent to the
enforcement of the award in any jurisdiction where enforcement may be sought.
11. Survival of the Arbitration Clause
11.1. Continuing Effect
This arbitration agreement shall survive the termination, expiration, or completion of the
principal Contract, remaining binding upon the Parties for any disputes arising from or in
connection with the Contract, irrespective of any changes in the Parties’ legal or financial
status.
