Arbitrability: The "Composite" Approach

• Author: Cassandra Oh and Wong Wen Sheng
• Law Firm: Shearn Delamore & Co.
• Published date: 13 February 2023

Introduction

What happens when the law of the arbitration agreement and the law of the seat diverge on the matter of arbitrability of a dispute? This was considered very recently by the Singapore Court of Appeal in Anupam Mittal v Westbridge Ventures II Investment Holdings¹ ('Anupam Mittal'). The Court held that the arbitrability of a dispute, at the pre-award stage, is determined by both the law governing the arbitration agreement and the law of the seat.

Significance of the 'Composite' approach

The 'composite' approach requires...