News

When a company has been dissolved, what happens to the legal advice privilege attaching to the communications between the company and its lawyers? This issue was considered by the English Court of Appeal in its decision of Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (“Addlesee”).

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In the recent decision of Standard Chartered Bank, Singapore Branch v Chua Seng Kiat (Lim Peng Liang David Llewellyn, intervener) [2019] SGHC 240 (“SCB v CSK”) the High Court dismissed an appeal against the Assistant Registrar’s decision to annul a bankruptcy order made against the Respondent, before all the debts in the bankruptcy had been proven.

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As widely reported in the news, the Supreme Court of Judicature (Amendment) Bill (Bill No. 32/2019) (the “SCJA Amendment Bill”) was tabled by the Ministry of Law and submitted for first reading on 7 October 2019. The SCJA Amendment Bill will effect numerous changes to the Supreme Court of Judicature Act (the “SCJA”). 

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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.  

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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.

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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.

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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.

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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.

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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.

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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.

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