Arbitrability: applicable law

In Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 the Singapore Court of Appeal has considered the decision of the High Court of Singapore, [2021] SGHC 244, on the important question of whether the validity of an arbitration clause on the grounds of arbitrability was to be determined by the law of the seat or the law applicable to the arbitration clause. It was important in this case because the law of the seat, Singapore, recognised the issue (minority shareholder oppression) as arbitrable whereas the law applicable to the arbitration clause, India, regarded the issue as non-arbitrable. The Court of Appeal rejected the High Court's reasoning, although reached the same ultimate conclusion on the facts of the case.

Mittal : the facts