The Application of Mandatory Rules by Arbitral Tribunals under Singapore Law: A Need for Greater Certainty

Mandatory rules are rules that may apply regardless of (a) the parties’ agreement to exclude their application, or (b) the rules that would normally be applicable through the operation of conflict of laws rules. Under Singapore law, there appears to be limited guidance on whether and how arbitral tribunals
should apply mandatory rules in arbitration proceedings. The approach of Singapore courts with respect to mandatory rules in judicial proceedings is relatively clear, but the question of how arbitral tribunals seated in Singapore should apply mandatory rules remains open. This article concludes that the legal regime of arbitration in Singapore would benefit from greater clarity on how tribunals should approach the
application of mandatory rules in arbitration proceedings.