News

In the recent High Court decision of BSM v BSN and another matter [2019] SGHC 185 (“BSM v BSN”), the High Court dismissed two applications to set aside two separate but related arbitral awards. BSM v BSN is a useful reminder of (a) how difficult it is to set aside arbitral awards, and (b) the availability of remission (in certain instances) as an “alternative” to setting aside.

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In the recent decision of PP v Soil Investigation Pte Ltd [2019] SGCA 46 (“PP v SIPL”), the Court of Appeal set aside an acquittal of the main contractor for an offence committed by its subcontractor.

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In the recent decision of Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 (“TKT v SI”), one of the issues addressed by the High Court was whether the breach of a defects liability clause removed the right to claim for damages.  

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In the recent High Court decision of Yap Chen Hsiang Osborn v Public Prosecutor [2019] SGCA 40 (“Osborn”), the Court of Appeal acquitted the Applicant of five charges under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) (the “CDSA”) and set aside his sentences imposed in respect of those charges.

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In the recent decision of BNA v BNB and another [2019] SGHC 142 (“BNA v BNB”), the High Court made many important observations concerning arbitration law in Singapore.  

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In the recent High Court decision of Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd [2019] SGHC 139 (“Lendlease”), the High Court overturned the finding by the adjudicator below and held that the adjudication application was filed out of time and in breach of section 13(3)(a) of the Building and Construction Industry Security of Payment Act (“SOP Act”).

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In the recent Court of Appeal decision of Bintai Kindenko Pte Ltd v Samsung C&T Corp [2019] SGCA 39 (“Bintai v Samsung”), the Court of Appeal upheld the discharge of an interim injunction restraining the Main Contractor’s call on a performance bond.

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In the recent High Court decision of China Railway No 5 Engineering Group Co Ltd Singapore Branch v Zhao Yang Geotechnic Pte Ltd [2019] SGHC 130 (“China Railway v Zhao Yang”), Chan Seng Onn J addressed the issue of whether a sub-contractor can claim for recovery of performance bond proceeds in an adjudication under the Building and Construction Industry Security of Payment Act (“SOP Act”).

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In the recent Court of Appeal decision of Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services Pte Ltd [2019] SGCA 33 (“RALL v AGMS”), the Court of Appeal set aside an arbitral award even though respondent did not appeal against the tribunal’s ruling on jurisdiction within the time limits prescribed by Art 16(3) Model Law.

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In the important recent decision of Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36 (“Far East”), the Singapore Court of Appeal (“SGCA”) decided that under the SIA Form of Contract, no further payment claims may be made under the Building and Construction Industry Security of Payment Act (“SOPA”) after a valid final certificate has been issued. The SGCA also held that where the payment claim falls outside the ambit of SOPA, the respondent cannot be estopped from raising a jurisdictional objection even if no payment response was filed.

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