Discussion Explores Public Policy and Arbitrability in International Arbitration

The EW Barker Centre for Law & Business, Faculty of Law, National University of Singapore, hosted a discussion on 18 September 2026 examining the role of public policy in determining the law governing arbitrability, featuring Yeo Chuan Tat, Senior Lecturer and Head of Law Programmes at the School of Law, Singapore University of Social Sciences, as speaker.

The discussion, Public Policy in Determining the Law Governing Subject-matter Arbitrability: A Bridge Too Far?, explored the legal complexities surrounding which disputes may be resolved through arbitration, particularly where multiple jurisdictions and legal systems are involved.

Central to the discussion was the Singapore Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] 1 SLR 349. Chuan examined the Court’s adoption of a composite approach, under which subject-matter arbitrability is assessed by reference to both the law governing the arbitration agreement and the law of the seat of arbitration.

He highlighted several questions arising from the judgment, including how courts should identify relevant foreign public policies, address conflicts between competing policies and determine whether they are appropriately placed to resolve such issues.

Chuan also considered whether traditional conflict of laws principles could provide a clearer framework for determining the applicable law, while acknowledging questions concerning their compatibility with existing arbitration legislation.

The session brought together academics, legal practitioners and professionals for an engaging exchange of perspectives on international arbitration. A stimulating Q&A session followed, providing participants with an opportunity to engage with Chuan on the legal and practical implications of the issues discussed.