Singapore Courts Clarify The Law Governing Arbitrability And The Arbitration Agreement

The Singapore Court of Appeal (the "SGCA") recently established in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 that the law of the arbitration agreement will, in first instance, govern the arbitrability of a dispute. The judgment also confirms that in the absence of an express choice of law governing the arbitration agreement, the governing law of the main contract shall apply – the SGCA applied a three-stage test in reaching its decision, providing guidance as to when Singapore courts should find the governing law of the main contract will apply.

By way of background, Mr Mittal (the "Appellant") was founder and shareholder of the Indian company People Interactive Pte Ltd (the "Company"), while Westbridge Ventures II was an offshore private equity fund (the "Respondent" and together the "Parties"). Both were shareholders of the well-known Indian match-making site Shaadi.