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  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  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.
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