The High Court decision of Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251 (“SR v MS”) is a cautionary tale of why parties need to consider and draft their dispute resolution clauses carefully if they elect for a hybrid dispute resolution mechanism of submitting some types of disputes to arbitration and others to litigation.
Read MoreThe concept of consideration in contract law is one over which much ink has been spilled. In the recent Singapore Court of Appeal (“SGCA”) decision of Ma Hongjin v SCP Holdings Pte Ltd [2020] SGCA 106 (“MHJ v SCP”), the 5-member SGCA dealt with the issue of whether consideration is needed insofar as the variation or modification of a pre-existing contract is concerned in an unanimous judgment delivered by Andrew Phang Boon Leong JA.
Read MoreThe Public Sector Standard Conditions of Contract, or commonly referred to as the PSSCOC, is no doubt a familiar standard form contract to many contractors. In this regard, one of the common questions that we have encountered is whether compliance with the rules and regulations in relation to the various COVID-19 measures would trigger Clause 14.2(e) PSSCOC entitling the Contractor to an extension of time. In other words, would any change of laws suffice to trigger Clause 14.2(e) PSSCOC, entitling a Contractor to an extension of time? In this short blog, we take a quick look at this issue.
Read MoreOne of the more vexing issues in international arbitration is the issue of what should the governing law of the arbitration agreement be in the absence of any specific choice of law by the parties. In the United Kingdom Supreme Court decision of Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (“Enka v OOO”), this issue led to a split decision by the United Kingdom Supreme Court.
Read MoreConfidentiality is one of the key aspects of arbitration, and for many parties, confidentiality is a key reason why they favour arbitration over litigation. But does the obligation of confidentiality in an arbitration extend to an investment-treaty arbitration? In this brief update, we take a look at the recent Singapore High Court decision of Republic of India v Vedanta Resources PLC [2020] SGHC 208 (“Vedanta”) which touched on this issue.
Read More“What a difference a “day” makes”, so begins the High Court in Trustee of the Late Tay Choon Huat Estate v Soon Kiat Construction & Maintenance Pte Ltd [2020] SGHC 212 (“SKC”). While it may surprise some readers, the word “day” is often fought over by the parties in adjudication under the Building and Construction Industry Security of Payment Act as it can have a significant impact on the adjudication proceedings.
Read MoreIn CGS v CGT [2020] SGHC 183 (“CGS v CGT”), the Singapore High Court had the occasion to interpret Rule 23.1 of the SIAC Rules 2016 on a party’s right to representation in an arbitration.
Read MoreIn Offshoreworks Global (L) Ltd v POSH Semco Pte Ltd [2020] SGCA(I) 4 (“Offshoreworks”), the Court of Appeal clarified that currently, corporate self-representation for foreign bodies corporate is not permissible in respect of matters before the Singapore International Commercial Court (“SICC”).
Read MoreThis brief update highlights some of the points raised by the Singapore High Court in the brief grounds issued in Re KS Energy Ltd and another matter [2020] SGHC 198 (“Re KS Energy”) concerning the grant of an order for interim judicial management under the Insolvency, Restructuring and Dissolution Act (the “IRDA”).
Read MoreThe words “signed, sealed and delivered” are commonly used in deeds. But what happens if there is no physical seal? In Lim Zhipeng v Seow Suat Thin [2020] SGCA 89 (“Lim v Seow”), the Singapore Court of Appeal considered whether a deed had been “sealed” notwithstanding that there had been no seal.
Read More
