When a Singapore company is heading into arbitration, or is already in one, there is often a gap between the moment a dispute turns urgent and the moment an arbitral tribunal is actually in place and able to act. Assets can be moved, evidence can disappear, and perishable or depreciating goods can lose their value while the parties are still appointing arbitrators. For that gap, Singapore’s International Arbitration Act 1994 (IAA) gives the General Division of the High Court the power to step in and make interim orders in support of the arbitration itself, not to decide the dispute, but to hold the position until the tribunal can take over.
This article explains how a company applies to the Singapore High Court for court-ordered interim measures under section 12A of the IAA, when the court will and will not intervene, and what directors should expect from the process.
1. What the Application Is
An application for court-ordered interim measures in aid of arbitration is a request to the General Division of the High Court for protective relief, such as a freezing order over assets, an order preserving evidence or disputed property, or an interim injunction, in support of an arbitration that has been commenced or is about to be commenced. It is distinct from a standalone Mareva injunction obtained in ordinary civil litigation, because the underlying dispute itself is not going to be decided by the Singapore courts at all. It will be decided by the arbitral tribunal. The court’s role is confined to filling the gap until the tribunal is constituted, or to supporting the tribunal where it genuinely cannot act effectively, for example because an order needs to bind a third party or be enforced urgently against assets.
Typical scenarios where a Singapore company uses this mechanism include a counterparty threatening to dissipate funds before a tribunal is appointed, a dispute over goods that are perishable or rapidly depreciating in value, a need to preserve documents or records before they can be altered or destroyed, and situations where a party to a Singapore-seated (or even a foreign-seated) arbitration needs the coercive power of a court because the tribunal’s own orders cannot be enforced against a non-party or cannot take effect quickly enough.
2. Legal Basis
The relevant provisions sit in Part 2 of the International Arbitration Act 1994:
- Section 12 IAA sets out the arbitral tribunal’s own powers, including ordering security for costs, discovery of documents, evidence by affidavit, preservation and interim custody or sale of property that is the subject matter of the dispute, samples and experiments, and interim injunctions or other interim measures.
- Section 12A IAA (“Court-ordered interim measures”) extends broadly equivalent powers to the High Court, so that the court can make similar orders in support of arbitral proceedings, whether the seat of the arbitration is in Singapore or elsewhere. Importantly, the court’s power under section 12A does not extend to ordering security for costs; that remains the exclusive domain of the arbitral tribunal under section 12.
- The court may only exercise its section 12A powers if, or to the extent that, the arbitral tribunal (or an emergency arbitrator, where the arbitral rules provide for one) has no power, or is unable for the time being, to act effectively. Where a tribunal has already been constituted and is able to deal with the matter, the High Court will generally decline to intervene and will direct the applicant back to the tribunal or to an emergency arbitrator application instead.
- Where an order is sought before the tribunal has been constituted, the court will generally only act in a case of genuine urgency, to preserve assets or evidence, so that the eventual award is not rendered ineffectual.
- Any court order made under section 12A will cease to have effect, in whole or in part, once the arbitral tribunal makes its own order expressly dealing with the same matter, consistent with the supporting, rather than competing, role the court plays under section 12(7) IAA.
Applications are made under the Rules of Court 2021, filed with the Supreme Court of Singapore, typically by originating application, supported by an affidavit setting out the arbitration agreement, the dispute, the urgency, and the precise relief sought. Companies should read this provision alongside the court’s separate jurisdiction to stay court proceedings in favour of arbitration, which Raffles Corporate Services has covered in our guide to stays under section 6 IAA, and the court’s narrower power to stop an arbitration altogether, covered in our piece on anti-arbitration injunctions. If the arbitration later proceeds to an award, see also our guides on setting aside an arbitral award and enforcing a foreign arbitral award.
3. Who Can Apply
An application under section 12A IAA can be made by any party to an arbitration agreement, which in practice usually means a Singapore company that is, or expects to be, a claimant or respondent in an arbitration. The application can be made:
- Before arbitral proceedings have been commenced, if the applicant undertakes to commence the arbitration promptly and the matter is urgent;
- After an arbitration has been commenced but before the tribunal is constituted;
- After the tribunal is constituted, but only where the tribunal has no power, or is unable for the time being, to act effectively, for example where the order needs to bind a party or asset outside the tribunal’s reach, or where speed is critical and an emergency arbitrator mechanism is unavailable or too slow.
Where the arbitration agreement expressly excludes resort to the court for interim relief, or where the parties have agreed that only an emergency arbitrator may be approached, the High Court will take that agreement into account and may decline to act. Company directors and their Singapore Advocate and Solicitor should check the arbitration clause and the institutional rules (SIAC, ICC, LCIA or otherwise) before filing, since many institutional rules now include detailed emergency arbitrator provisions that the court will expect to have been considered first. A helpful plain-English overview of how Singapore’s courts support arbitration generally is available from JustFollowLaw, though the facts of each case should always be checked with your own Singapore Advocate and Solicitor. Disputes over who was validly appointed to hear the case, or whether an arbitrator should be removed, are a related but separate issue, covered in our guide on removing an arbitrator in Singapore.
4. Step-by-Step Process
Step 1: Confirm the arbitration agreement and urgency
Identify the arbitration agreement, confirm the seat, and establish genuine urgency. The court will not grant relief simply because a party would prefer a court order over waiting for a tribunal.
Step 2: Engage a Singapore Advocate and Solicitor
Only a Singapore-qualified Advocate and Solicitor can file and argue the application in the General Division of the High Court. Raffles Corporate Services does not conduct litigation, but we work with a panel of experienced Singapore law firms who handle matters of this kind and can be engaged quickly where time is short.
Step 3: Prepare the originating application and supporting affidavit
The affidavit should set out the arbitration agreement, the dispute, the specific interim measure sought (freezing order, preservation of evidence, interim custody or sale of property, or other interim relief), the urgency, and why the tribunal cannot act effectively (or has not yet been constituted).
Step 4: File and, where urgent, seek an expedited or without-notice hearing
In genuinely urgent cases, the application can be brought on an ex parte (without notice) basis, with full and frank disclosure of all material facts, followed swiftly by an inter partes hearing once the respondent is notified.
Step 5: Comply with any undertakings
Applicants are typically required to give an undertaking as to damages, compensating the respondent if it later transpires the order should not have been made. Companies should budget for this contingent liability before applying.
Step 6: Commence or continue the arbitration promptly
Where the order was obtained before the tribunal was constituted, the applicant must proceed to constitute the tribunal without delay; the court’s order is a bridge, not a substitute for the arbitration itself.
Step 7: Hand over to the tribunal once constituted
Once the tribunal is in place and able to act, it will generally take over management of any interim relief, and the court’s order yields to the tribunal’s own order on the same subject matter.
5. Documents Required
| Document | Purpose |
|---|---|
| Arbitration agreement or clause | Establishes the court’s supporting jurisdiction under the IAA |
| Notice of arbitration (if filed) or draft notice | Shows the arbitration has been or will imminently be commenced |
| Supporting affidavit | Sets out facts, urgency, and the specific relief sought |
| Draft order | Precise terms of the freezing order, preservation order or injunction requested |
| Evidence of risk | Correspondence, financial records or other material showing the risk of dissipation, destruction or loss |
| Undertaking as to damages | Standard requirement for most without-notice and interim applications |
| Institutional rules (if applicable) | Shows whether an emergency arbitrator mechanism exists and was considered |
6. Timeline and Costs
| Stage | Typical Timeframe |
|---|---|
| Urgent ex parte hearing | Can be heard within days, sometimes within 24 to 48 hours in genuine emergencies |
| Inter partes hearing (after notice) | Typically a few weeks, depending on the court’s list and complexity |
| Constitution of the arbitral tribunal | Weeks to a few months, depending on the institutional rules and number of arbitrators |
| Handover to tribunal | Order typically reviewed or continued once the tribunal is able to act |
| Cost Item | Typical Range (SGD) |
|---|---|
| Legal fees for an urgent interim measures application | S$15,000 to S$60,000+, depending on complexity and whether contested |
| Court filing fees | Several hundred dollars, varying with the nature of the application |
| Undertaking as to damages | Contingent liability, not an upfront cost, but should be reserved for |
| Arbitration costs (separate) | Variable; institutional fees plus tribunal fees, charged separately from the court application |
7. What Happens After the Order
If the High Court grants the interim measure, the order takes immediate effect and can, where necessary, be enforced in the same way as any other court order, including against third parties such as banks holding frozen funds. The respondent will usually have the opportunity to apply to vary or discharge the order at an inter partes hearing. Once the arbitral tribunal is constituted and able to act, the parties typically return to the tribunal for any further interim relief, and the court’s order will generally cease to have effect to the extent the tribunal makes its own order covering the same ground. The underlying dispute itself proceeds to be resolved in the arbitration, not before the Singapore courts; the court’s intervention remains protective and temporary throughout.
Companies should also note that if the application was made without notice and relief was obtained, full and frank disclosure obligations continue, and a failure to have disclosed material facts can result in the order being discharged, sometimes with costs consequences, even if the underlying claim would otherwise have merit.
8. Frequently Asked Questions
Can the Singapore High Court grant interim measures for a foreign-seated arbitration?
Yes. Section 12A IAA applies regardless of whether the arbitration is seated in Singapore or elsewhere, as long as the arbitration agreement falls within the scope of the Act.
Can the court order security for costs under section 12A?
No. Security for costs remains the exclusive preserve of the arbitral tribunal under section 12 IAA. The court’s powers under section 12A do not extend to that relief.
What if the arbitral tribunal has already been constituted?
The court will generally only intervene if the tribunal has no power, or is unable for the time being, to act effectively, for example because speed is essential or the order needs to bind a non-party. Otherwise, the application should go to the tribunal or an emergency arbitrator.
Does applying to the court waive the arbitration agreement?
No. An application for interim measures in support of arbitration is expressly contemplated by the IAA and is not treated as an abandonment of the agreement to arbitrate.
What happens if the underlying arbitration never proceeds?
If the applicant fails to commence or pursue the arbitration promptly after obtaining interim relief, the respondent can apply to discharge the order, and the applicant may face liability under its undertaking as to damages.
Do I need a Singapore lawyer to make this application?
Yes. This is a High Court application requiring a Singapore Advocate and Solicitor. Raffles Corporate Services can help with the surrounding corporate groundwork, but the application itself must be conducted by qualified litigation counsel.
Need Help With This Matter?
If your company is facing this situation, Raffles Corporate Services can assist with the groundwork, ACRA filings, compliance documentation, and coordinating with experienced Singapore law firms. For matters requiring court proceedings, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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This article is for general information only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Singapore Advocate and Solicitor.
The Editorial Team, Raffles Corporate Services