In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the legal position in three key jurisdictions – Singapore, the United Kingdom, and India – and focuses on the pro-arbitration approach of deferring to the arbitral tribunal and staying (or dismissing) winding up and/or insolvency proceedings pending arbitration.
Legal Position in Singapore
Last year, the Singapore High Court in its decision in Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2022] SGHC 210 (“Fastfreight”) reinforced the grounds and standard for grant of injunction against winding up proceedings arising from…