Midnight clauses: Court of Appeal decides that foreign public policy may frustrate an agreement to arbitrate disputes in Singapore

17 Jan 2023

In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1, the Court of Appeal decided that the arbitrability of a dispute is determined not only by the law of the seat of arbitration, but also by the law that governs the arbitration agreement.
 
In this update, Director Mahesh Rai and Senior Associate Loh Tian Kai discuss the Court of Appeal’s analysis on the novel question of law and suggests some practical considerations for commercial parties seeking to conclude an arbitration agreement. 

Please click here to read the update.