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Reappreciating the Composite Approach with Anupam Mittal v Westbridge II
Written by: Aditya Singh, BA.LL.B. (Hons) student at the National Law School of India University(NLSIU), Bengaluru and line editor at the National Law School Business Law Review (NLSBLR)
I. INTRODUCTION
The debate surrounding the composite approach i.e., the approach of accommodating the application of both the law applicable to the substantive contract and the Lex Fori to the arbitration clause has recently resurfaced with Anupam Mittal v Westbridge Ventures II (“Westbridge”). In this case, the Singapore Court of Appeal paved way for application of both the law governing substantive contract and the Lex Fori to determine the arbitrability of the concerned oppression and mismanagement dispute. The same was based on principle of comity, past precedents and s 11 of the International Arbitration Act. The text of s 11 (governing arbitrability) does not specify and hence limit the law determining public policy to Lex Fori. In any event, the composite approach regardless of any provision, majorly stems from basic contractual interpretation that extends the law governing substantive contract to the arbitration clause unless the presumption is rebuttable. For instance, in the instant case, the dispute would have been rendered in-arbitrable with the application of Indian law (law governing substantive contract) and hence the Singapore law was inferred to be the implied choice.[1] Read more
Measure twice, cut once: Dutch case Presta v VLEP on choice of law in employment contracts
Presta v VLEP (23 june 2023) illustrates the application of the CEJU’s Gruber Logistics (Case C-152/20, 15 July 2021) by the Dutch Supreme Court. In order to determine the law applicable to an individual employment contract under article 8 Rome I, one must compare the level of protection that would have existed in the absence of a choice of law (in this case, Dutch law) with the level of protection offered by the law chosen by the parties in the contract (in this case, the laws of Luxembourg), thereafter, the law of the country offering the highest level of employee protection should be applied.
U.S. Supreme Court Renders Personal Jurisdiction Decision
This post is by Maggie Gardner, a professor of law at Cornell Law School. It is cross-posted at Transnational Litigation Blog.
The U.S. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. The result in Mallory v. Norfolk Southern Railway Co. re-opens the door to suing foreign companies in U.S. courts over disputes that arise in other countries. It may also have significant repercussions for personal jurisdiction doctrine more broadly. Read more
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Box Set Launch on January 23, 2025 in Paris: Le droit étranger. Études de droit international privé comparé
On Thursday, January 23, 2025, at 5 pm, the Société de législation comparée will present the Box Set Le droit étranger – Études de droit international privé comparé. The event will take place in 28 rue Saint-Guillaume – Amphitheater, 1st floor, 75007 Paris. Everybody is welcome to attend.
On the Box Set: Over the past ten years, the Société de législation comparée has conducted a series of collective studies on the theoretical, methodological, and practical issues related to accessing, understanding, and implementing foreign law. These issues are highly relevant today. Foreign law is playing an increasingly significant role in practice—not only for judges, of course, but also for other practitioners such as notaries, civil registrars, and lawyers. In France and elsewhere, when judges, notaries, or civil registrars are required to apply foreign law, understanding and implementing an unfamiliar legal system present numerous challenges. These challenges are even more daunting given that the treatment of foreign law retains a profoundly national dimension, despite the growing unification of conflict-of-law rules in Europe and in Americas.
The studies conducted by the Société de législation comparée aim to go beyond conventional analyses. By exploring the positive law of various countries and regions, they shed light on grey areas, shortcomings, and contradictions — abundant in what constitutes the very essence of Private International Law. Now gathered in a single volume they provide academics and practitioners with a comprehensive overview of the reflections carried out by jurists from diverse backgrounds on the most pressing issues in this often-neglected area of conflict of laws, along with their proposals to ensure the most accurate establishment of foreign law content.
The texts were compiled by Gustavo Cerqueira, professor at Université Côte d’Azur, and Nicolas Nord, Secretary General of the International Commission on Civil Status.
Addressing Conflict of Laws and Facilitating Digital Product Passports (DPPs) in Cross-border Value Chains: Call for Participation
Help draft a white paper on Addressing Conflict of Laws and Facilitating Digital Product Passports (DPPs) in Cross-border Value Chains to achieve legal coordination and establish traceability in global trade law. The White Paper aims to be published by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT), which is a subsidiary, intergovernmental body of the United Nations Economic Commission for Europe (UNECE) and serves as a focal point within the United Nations Economic and Social Council for trade facilitation recommendations and electronic business standards.
