Arbitration Law Monthly

In Westbridge Ventures II Investment Holdings v Mittal [2021] SGHC 244 the key question for the High Court of Singapore was 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.

Africa Finance Corporation and Others v Aiteo Eastern E & P Co Ltd [2022] EWHC 768 (Comm) was a relatively straightforward application for an anti-suit injunction following a clear breach of arbitration provisions in the form of overseas judicial proceedings. The only real issue was a delay of some 13 months between the commencement of the judicial proceedings, but that was found by Sir Nigel Teare to have been objectively reasonably explainable on the facts and not causing any prejudice in the form of wasted time and costs in the foreign proceedings.

Minister of Finance (Incorporated) and Another v International Petroleum Investment Company and Another [2021] EWHC 2949 (Comm) was an application under section 80(5) of the Arbitration Act 1996 for an extension of time to appeal against a consent arbitration award on the ground of serious irregularity contrary to section 68. The complex scenario demonstrated an arguable case of fraud by the applicants’ controller which had prevented the applicants from putting forward a proper defence to the claims made against them.

The important question before Butcher J in Selevision Saudi Co v beIN Media Group LLC [2021] EWHC 2802 (Comm) was whether an award debtor could raise a counterclaim and join a third party in enforcement proceedings brought under the New York Convention. The court’s obviously sensible ruling was that enforcement proceedings were meant to be summary and that matters falling outside the award had no place in them.