Court of Appeal Provides Guidance on Carve-Outs for Arbitration Proceedings in the Context of Restructuring Proceedings

30 Apr 2025

IIn Sapura Fabrication Sdn Bhd and others v GAS and another appeal [2025] SGCA 13, the Court of Appeal held that the Singapore Courts have no mandatory obligation to grant a carve-out to moratoriums in restructuring proceedings to allow a creditor to proceed with arbitration claims against a debtor company, but may exercise their discretion to do so where appropriate. Director Foo Yuet Min and Senior Associate Bernice Tan discuss the practical implications of this Court of Appeal decision in this update. Read more here.

The Court of Appeal's decision in Sapura Fabrication is one of many recent cases discussing the interplay between the insolvency and arbitration regimes, including the case of Sian Participation Corp (in Liquidation) v Halimeda International Ltd [2024] UKPC 16, which was discussed in our previous update.
 

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