Performance bonds are commonly given in the construction industry in Singapore. So, what happens if a performance bond provides for disputes to be heard in court, the underlying main contract provides for disputes to be heard in arbitration, and a party applies to court to restrain the call on the performance bond? This issue arose in the case of Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd & Anor [2024] SGHC 137.
Read MoreThis week’s blog covers Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agricultre BV) [2024] UKSC 14, a UK Supreme Court case on the measure of damages payable by a buyer for non-acceptance of goods.
Read MoreIn the ex tempore judgment in Ascentury International Co Ltd v Viva Capital (SG) Pte Ltd [2024] SGHC 118, Goh Yihan J addressed a “seldom discussed point in Singapore about how a court should consider the interests of the liquidator in deciding to terminate a winding up” (at [4]).
Read MoreThe Court of Appeal in Voltas Limited v York International Pte Ltd [2024] SGCA 12 dealt with whether a conditional arbitral award can be a final award, as well as whether an arbitral tribunal may impliedly reserve jurisdiction to issue a further award after the final award.
Read MoreThis week’s blog covers Third Eye Capital Corp v Pretty View Shipping SA and others [2024] SGHC 96, a High Court (the “Court”) case on the use of documents disclosed under discovery for separate proceedings.
Read MoreThe case of Xingang Investment Pte Ltd and another v Lai Jianling [2024] SGHC 93 concerned a claimant’s application for mandatory injunction to be granted against an absent and unrepresented defendant, for which the High Court declined to grant.
Read MoreIn the recent Court of Appeal case of Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10, the Court of Appeal made some important observations on the duties of directors.
Read MoreThis week’s blog covers MoneySmart Singapore Pte Ltd v Artem Musienko [2024] SGHC 94, a High Court (the “Court”) case on the enforceability of non-compete clauses. This case endorses the principles in the recent case of Shopee Singapore Private Limited v Lim Teck Yong [2024] SGHC 29 and also clarifies other aspects of the law for restraint of trade clauses.
Read MoreIn Powercom Co, Ltd v Sunpower Semiconductor Ltd [2024] SGHC 89, the plaintiff sought to enforce in Singapore a judgment obtained in the Taiwan Taipei District Court.
Read MoreIn DFL v DFM [2024] SGHC 71, a rather unusual situation came before the High Court. What happens if the parties agree to arbitration under a specific set of arbitral rules, and the institute administering the rules was basically abolished? Would an arbitration brought before a “replacement” institute be in accordance with the arbitration agreement?
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