§ 7 — Grounds for refusing application

7.—(1) The court before which an application mentioned in section 4(1) is made may, at the request of the party (A) against whom the international settlement agreement is sought to be enforced or invoked, refuse to grant the application if A furnishes proof of any of the grounds set out in subsection (2).(2) For the purposes of subsection (1), the grounds are the following:(a)

that a party to the international settlement agreement was under some incapacity;

(b)

that the international settlement agreement —(i)

is null and void, inoperative or incapable of being performed under the law to which the parties have validly subjected it or, failing any indication thereon, under the law deemed applicable by the court before which the application is made;

(ii)

is not binding, or is not final, according to its terms; or

(iii)

has been subsequently modified;

(c)

that the obligations in the international settlement agreement —(i)

have been performed; or

(ii)

are not clear or comprehensible;

(d)

that it is contrary to the terms of the international settlement agreement for the application mentioned in section 4(1) to be granted;

(e)

that there was a serious breach by the mediator who conducted the mediation that resulted in the international settlement agreement of the standards applicable to the mediator, or the mediation, without which breach A would not have entered into the international settlement agreement;

(f)

that —(i)

there was a failure by the mediator to disclose to the parties to the international settlement agreement circumstances that raise justifiable doubts as to the mediator’s impartiality or independence; and

(ii)

the failure to disclose mentioned in sub‑paragraph (i) had a material impact or undue influence on a party, without which failure that party would not have entered into the international settlement agreement.

(3) In addition to subsection (1), the court before which an application mentioned in section 4(1) is made may also refuse to grant the application if —(a)

it would be contrary to the public policy of Singapore for the application to be granted; or

(b)

the subject matter of the dispute purported to be settled by the international settlement agreement is not capable of settlement by mediation under the law in force in Singapore.

—(1) The court before which an application mentioned in section 4(1) is made may, at the request of the party (A) against whom the international settlement agreement is sought to be enforced or invoked, refuse to grant the application if A furnishes proof of any of the grounds set out in subsection (2).

(2) For the purposes of subsection (1), the grounds are the following:(a)

that a party to the international settlement agreement was under some incapacity;

(b)

that the international settlement agreement —(i)

is null and void, inoperative or incapable of being performed under the law to which the parties have validly subjected it or, failing any indication thereon, under the law deemed applicable by the court before which the application is made;

(ii)

is not binding, or is not final, according to its terms; or

(iii)

has been subsequently modified;

(c)

that the obligations in the international settlement agreement —(i)

have been performed; or

(ii)

are not clear or comprehensible;

(d)

that it is contrary to the terms of the international settlement agreement for the application mentioned in section 4(1) to be granted;

(e)

that there was a serious breach by the mediator who conducted the mediation that resulted in the international settlement agreement of the standards applicable to the mediator, or the mediation, without which breach A would not have entered into the international settlement agreement;

(f)

that —(i)

there was a failure by the mediator to disclose to the parties to the international settlement agreement circumstances that raise justifiable doubts as to the mediator’s impartiality or independence; and

(ii)

the failure to disclose mentioned in sub‑paragraph (i) had a material impact or undue influence on a party, without which failure that party would not have entered into the international settlement agreement.

(3) In addition to subsection (1), the court before which an application mentioned in section 4(1) is made may also refuse to grant the application if —(a)

it would be contrary to the public policy of Singapore for the application to be granted; or

(b)

the subject matter of the dispute purported to be settled by the international settlement agreement is not capable of settlement by mediation under the law in force in Singapore.