- Singapore Court of Appeal dismisses appeal against High Court's decision not to grant declaratory relief on a question of law which a tribunal had already determined (Republic of India v Vedanta Resources plc)
- What are the practical implications of this case?
- What was the background?
- What did the SGCA decide?
- The argument that the Vedanta Tribunal had exceeded its power or jurisdiction in making VPO 3 was plainly unsustainable
- There was no legitimate legal basis for the appellant to invoke the jurisdiction of the Singapore court (as the seat court) to ask for the declaratory relief
- Case details
Arbitration analysis: Does an error of law pertaining to the lex arbitri justify curial intervention? Can a party to a Singapore-seated arbitration apply to the Singapore courts for declaratory relief on a question of law which had been put to the tribunal? The Singapore Court of Appeal (SGCA) dismissed an appeal against a decision of the Singapore High Court (SGHC) in which the High Court had declined to exercise its discretion to grant declaratory relief in relation to a Singapore-seated investment treaty arbitration. Shaun Lee, counsel and Low Zhe Ning, associate, in the dispute resolution group at Bird & Bird ATMD LLP explain the implications of the court’s decision.
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