Court of Appeal determines proper law of arbitration agreement

08 Jan 2020

Presented with a dispute between parties over the interpretation of an arbitration agreement, the Court of Appeal (in the recent decision of BNA v BNB [2019] SGCA 84) applied the three-stage framework for determining the proper law of an arbitration agreement as set out by the High Court in BCY v BCZ [2017] 3 SLR 375, holding that Shanghai, and not Singapore, is the seat of the arbitration.

This decision underscores the importance in exercising great care when drafting an arbitration clause.

Please click here to read more about the update.