News

In Sulzer Pumps Spain S.A. v Hyflux Membrane Manufacturing (S) Pte Ltd [2020] SGHC 122 ("Sulzer Pumps v Hyflux"), the Singapore High Court considered what amounted to unconscionability in resisting a call on an unconditional performance bond, and in particular whether it would be unconscionable for one party in a near-liquidation scenario / undergoing restructuring to make a call on such a performance bond.

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In BBA v BAZ [2020] SGCA 53 ("BBA v BAZ"), the Court of Appeal dealt with various issues raised by the Appellants seeking to set aside an arbitral tribunal's award in relation to the sale and purchase of shares in an Indian company.

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The Court of Appeal in Leiman, Ricardo and another v Noble Resources Ltd and another [2020] SGCA 52 (“Leiman v Noble Resources”) considered various issues, including touching on the issue of the approach to liquidated damages. This short update briefly examines some of the points raised by the Court of Appeal in this regard, given the importance of certainty in the approach to liquidated damages.

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In Toh Wee Ping and another v Grande Corporation Pte Ltd [2020] SGCA 48 ("TWP v Grande"), the Court of Appeal had the opportunity to opine on the consequences of having a defence struck out, and in particular, whether this meant that the plaintiff's Statement of Claim would be admitted in full.

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In Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] EWCA Civ 609 (“Glencairn v Product Specialities”), the England and Wales Court of Appeal (“EWCA”) dealt with whether a firm of solicitors who previously acted for Party A against Party B in a set of litigation can be restrained from acting for Party C against Party B in a similar set of litigation, when the earlier set of litigation has been settled through a mediation and/or confidential settlement.

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In BXH v BXI [2020] SGCA 29 (“BXH v BXI”), the Singapore Court of Appeal dealt with the approach to be taken for inconsistent arbitration and litigation clauses, as well as some important issues in relation to the assignment of arbitration rights.

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In CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81 ("CKR v Asplenium"), the High Court reiterated that the standard for appealing against an arbitral award based on questions of law under s. 49 of the Arbitration Act remains a high one. In particular, the court found that CKR had raised questions concerning the incorrect application of the law, and held that such questions were not "questions of law" under s. 49 of the Arbitration Act.

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This article is a short blog update on the Technology and Construction Court decision of A v B [2020] 809 (TCC) (“A v B”), where the Technology and Construction Court dealt with the issue of whether an independent expert’s paramount duty to the court / tribunal is inconsistent with an additional duty of loyalty to the independent expert’s duty of loyalty to the client.

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In Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] SGHC(I) 03 (“HJ1306 v YCS”), the Singapore International Commercial Court drew an adverse inference against the defendant for his repeated breaches of discovery orders

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If a lawyer acted for Party A against Party B in a previous set of proceedings, can the same lawyer act for Party C against Party B in subsequent proceedings?

In the recent decision of LVM Law Chambers LLC v Wan Hoe Keet and Anor [2020] SGCA 29 (“LVM v WHK”), the Singapore Court of Appeal set out important guidance on the limits on lawyers acting for a different party against the same counterparty in subsequent proceedings.

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