In the recent decision of BTN and another v BTP and another[2019] SGHC 212 (“BTN v BTP”), the High Court dismissed an application to either review a partial arbitral award under s. 10(3)(b) of the International Arbitration Act (Cap. 143A) (the “IAA”), or in the alternative, to set aside the partial award under s. 24(b) of the IAA and Article 34 of the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”). This article will focus on the part of BTN v BTP that deals with s. 10(3)(b) IAA.
This article examines some of the developments in Singapore and Hong Kong on whether a different test is applicable when a winding up petition is sought to be stayed/dismissed when the disputed debt is subject of an arbitration agreement.
In the recent New South Wale Supreme Court (the “NSWSC”) decision of White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 (“White v PBS”), the NSWSC dismissed the delay analysis method used by each Party’s expert, even though the delay analysis methods used were referred to in the United Kingdom Society of Construction Law’s Delay and Disruption Protocol.
In the recent High Court decision of BXH v BXI [2019] SGHC 141 (“BXH v BXI”), the High Court dismissed an application to set aside an arbitral award under Article 34 of the UNCITRAL Model Law. This article will briefly examine some of the issues dealt with BXH v BXI.
In the recent decision of Bennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 (“Bennett v CMC”), the England and Wales Court of Appeal (the “EWCA”) addressed, inter alia, the issue of how the milestone of “… on sign-off” be interpreted in a situation where the interim payment arrangements in the JCT standard form were replaced by the parties.
In the recent decision of Bennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 (“Bennett v CMC”), the England and Wales Court of Appeal (the “EWCA”) addressed, inter alia, the issue of how the milestone of “… on sign-off” be interpreted in a situation where the interim payment arrangements in the JCT standard form were replaced by the parties.
This article summarises some of the key changes effected via the State Courts Practice Directions Amendment No. 6 of 2019, being the new Practice Direction 144 and the pre-action protocol set out therein, which will apply to actions commenced in the State Courts from 1 October 2019 onwards.
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.
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.
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.