Legal development

'Enforcing' arbitral awards through winding-up proceedings: Unwinding the Gordian Knot?

By Dawn Tan and Tristan Teo

28 December 2023

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    Ashurst ADTLaw Director Dawn Tan and Counsel Tristan Teo co-authored an article on "enforcing" arbitral awards through winding-up proceedings. The article was first published on the SAL Practitioner Journal on 16 October 2023.

    Under the traditional approach, a debtor resisting winding-up proceedings must show that the debt is bona fide disputed on substantial grounds. However, an arbitral award is ostensibly "final and binding". If an award creditor serves a statutory demand while the award is being challenged in the curial court, how is an award debtor to establish the requisite bona fide dispute on substantial grounds since an award cannot be challenged on its merits?

    In this article, Dawn and Tristan consider how these issues may be resolved and suggest a practical way forward for both the award creditor and the award debtor.

    Download the PDF version here.

    ADT: The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying it to specific issues or transactions..

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