In brief

The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and creditor is subject to an arbitration agreement.  

The Court held that a debtor can resist a winding-up application provided that it demonstrates, on a prima facie basis, that: (a) there is a valid arbitration agreement between the parties, (b) the debt is disputed and such dispute falls within the scope of the arbitration agreement, and (c) the dispute is not being raised by the debtor purely as an abuse of process.

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Author

Principal, Wong & Leow LLC
Singapore
Email: Nandakumar Ponniya

Author

Principal, Wong & Leow LLC
Singapore
Email: Richard Allen