Jurisdiction(s):
United Kingdom

Singapore High Court restrains winding up where arbitration clause applies, reaffirms AnAn, declines Sian Participation test, and upholds bare arbitration clause (Aryan v Pure Group)

Published on: 02 July 2025

Published by a LexisNexis Arbitration expert

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Article summary

Aryan (SEA) Private Ltd and Pure Group (Singapore) Pte Ltd [2025] SGHC 99

What are the practical implications of this case? When to press ahead with a statutory demand and when to wait

Singapore courts remain aligned with the more generous AnAn approach when asked to restrain winding up applications. So long as a respondent advances a substantial defence or puts forward a cross-claim, and the dispute falls within an arbitration clause, the courts will grant an injunction to halt a winding up application, provided there is no abuse of process. This stands in clear contrast to the position elsewhere, such as the Privy Council’s recent decision in Sian Participation, which requires the debtor to show the liability is disputed on genuine and substantial grounds. In Aryan, the High Court viewed itself as bound by the Court of Appeal’s ruling in AnAn, and therefore did not consider whether Sian Participation should displace the AnAn test in Singapore. Accordingly, whether to push on with a statutory demand or to pause will often turn on the presence of an arbitrable dispute and a credible defence...

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