Arbitrability: applicable law

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.

Westbridge : the facts