In Republic of India v Vedanta Resources plc [2021] SGCA 50, the Court of Appeal considered whether a party in an arbitration, who puts a question of law to a tribunal in an investment treaty arbitration and receives an answer which it does not like, can put the same question before a Singapore court (as the seat court) by way of an application for declaratory relief.
While the High Court Judge answered the question in the affirmative (albeit deciding against exercising his discretion to grant the declaratory relief), the Court of Appeal answered the same question in the negative. The Court of Appeal found the application to be an abuse of process on several levels, which we examine below.
The respondent was successfully represented by Andre Yeap SC, Kelvin Poon, Matthew Koh, and Alyssa Leong of Rajah & Tann Singapore LLP.
For more information, click here to read the full Legal Update.
