News

This article focuses on the Court of Appeal’s views on the nature of an anti-suit injunction in the recent decision of Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro SAPI de CV and others and another appeal (Jesus Angel Guerra Mendez, non-party) [2019] SGCA 74 (“Oro Drilling v Integradora”).

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In the recent decision of Harmonious Coretrades Pte Ltd v United Integrated Services Pte Ltd [2019] SGCA 77, the Court of Appeal clarified the effect of a subsequent adjudication determination on the enforcement of a prior adjudication determination.

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Can documents obtained by a party pursuant to a search order be disclosed to the authorities for the purposes of reporting and investigating possible commission of an offence? This issue arose in the High Court decision of Amber Compounding Pharmacy Pte Ltd & Anor v Priscilla Lim Suk Ling & 5 Ors [2019] SGHC 269 (“Amber v Priscilla”).

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In Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC) (“Meadowside”), the Technology and Construction Court recognised that it is possible for adjudication decisions obtained by companies in liquidation to be enforced in exceptional circumstances.

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In TMT Asia Limited v BHP Billiton Marketing AG (Singapore Branch) and Anor [2019] SGCA 60 (“TMT v BHPM”), the Singapore Court of Appeal did not allow an action to continue when an offer to settle would have given the plaintiff all the compensatory reliefs it sought, as there was no practical benefit to be gained.

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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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