NO&T Asia Legal Review
Background
In a recent judgment rendered in April 2020, the Singapore Court of Appeal set aside a winding up order issued by the High Court at first instance and upheld an arbitration agreement pursuant to which a dispute in relation to the underlying debt claim was to be determined.
This decision, AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33 (“AnAn Group v VTB Bank”) is significant on two fronts. First, it affirms the generally pro-arbitration stance adopted by the Singapore courts. Second, the position in Singapore is now clear that winding up proceedings will ordinarily be stayed or dismissed where the debtor can show that (i) there is a valid arbitration agreement between the parties and (ii) the dispute in respect of the debt falls within the scope of the arbitration agreement. The court would only refuse to grant a stay or dismissal in exceptional circumstances, such as where the debtor engages in an abuse of process or there is no genuine dispute in relation to the debt.
Claire Chong, Nozomi Kato (Co-author)
(August 2025)
Kaori Sugimoto
(July 2025)
Oki Mori, Eriko Ogata, Saki Kurachi, Natsuki Ito (Co-author)
(February 2025)
Koki Yanagisawa, Hiroyuki Ebisawa (Co-author)
Claire Chong, Nozomi Kato (Co-author)
(September 2025)
Kenji Tosaki
(August 2025)
Oki Mori, Akiko Inoue (Co-author)
(August 2025)
Kaori Sugimoto
Claire Chong, Nozomi Kato (Co-author)
(August 2025)
Kaori Sugimoto
Justin Ee, Kennosuke Muro (Co-author)
(July 2025)
Junichi Ikeda, Tomohiko Nabeshima, Akiko Inoue (Co-author)
Yuan Yao Lee
Ryuji Oka
(January 2025)
Makoto Ito
(December 2023)
Kei Asatsuma, Tomohiro Okawa (Co-author)
Claire Chong, Nozomi Kato (Co-author)
Yuan Yao Lee
Hoai Truong
Nopparak Yangiam, Parot Promkam (Co-author)
Claire Chong, Nozomi Kato (Co-author)
Yuan Yao Lee
Hoai Truong
Nopparak Yangiam, Parot Promkam (Co-author)
Claire Chong, Nozomi Kato (Co-author)
Justin Ee, Kennosuke Muro (Co-author)
Kara Quek, Kennosuke Muro (Co-author)
Annia Hsu, Kennosuke Muro (Co-author)
