The Singapore Court of Appeal in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 has propounded a composite two-tiered approach to determine the question of arbitrability of a dispute. This approach would entail applying, in the first instance, the law of the arbitration agreement and, in the second, the law of the seat of arbitration. Considerations of public policy would play an important role in the Singapore courts’ approach to the issue of arbitrability. If, under either the law of the arbitration agreement or under Singapore law, the subject matter of the arbitration is non-arbitrable, then the parties would not be able to resolve their dispute via arbitration.
If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or the following:
KOH Swee Yen, Senior Counsel
Head – International Arbitration
d +65 6416 6876
e sweeyen.koh@wongpartnership.com
Click here to view Swee Yen's CV.
Smitha MENON
Head – Restructuring & Insolvency
Partner – International Arbitration
d +65 6416 8129
e smitha.menon@wongpartnership.com
Click here to view Smitha's CV.
Piyush PRASAD
Counsel (Foreign Law)
d +65 6416 6861
e piyush.prasad@wongpartnership.com
Click here to view Piyush's CV.