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…

In another Court of Appeal decision in BWG v BWF, which was heard alongside AnAn Group (Singapore) Pte Ltd v. VTB Bank (Public Joint Stock Company), a debtor attempted to resist a winding-up application, on the basis that the debtor-creditor relationship was subject to an arbitration agreement. The Court of Appeal held that a prima facie standard of review applied when considering the application. This case is also important by virtue of the creditor’s argument that…