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.
(February 2025)
Koki Yanagisawa, Hiroyuki Ebisawa (Co-author)
Kara Quek, Kennosuke Muro (Co-author)
Annia Hsu, Kennosuke Muro (Co-author)
Claire Chong, Kennosuke Muro (Co-author)
(May 2025)
Yoshimi Ohara, Shota Toda, Annia Hsu (Co-author)
Patricia O. Ko
Hiroki Tajima
Kenji Tosaki, Takahito Hirayama (Co-author)
(May 2025)
Yoshimi Ohara, Shota Toda, Annia Hsu (Co-author)
(April 2025)
Kaori Sugimoto, Shota Toda, Kennosuke Muro (Co-author)
Kara Quek, Kennosuke Muro (Co-author)
(March 2025)
Junichi Ikeda, Shota Toda (Co-author)
(January 2025)
Makoto Ito
(December 2023)
Kei Asatsuma, Tomohiro Okawa (Co-author)
(November 2022)
Kei Asatsuma, Tomohiro Okawa (Co-author)
Yosuke Kanegae
Patricia O. Ko
Ngoc Hoang
Yuan Yao Lee
Chattong Sunthorn-opas, Thunsinee Sungmongkol (Co-author)
Patricia O. Ko
Ngoc Hoang
Yuan Yao Lee
Chattong Sunthorn-opas, Thunsinee Sungmongkol (Co-author)
Kara Quek, Kennosuke Muro (Co-author)
Annia Hsu, Kennosuke Muro (Co-author)
Claire Chong, Kennosuke Muro (Co-author)
Bertrice Hsu, Yuji Ibaraki (Co-author)
