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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Third Party Funding in International Arbitration and What It Means for You: Civil Law (Amendment) Bi

1 Feb 2017

On 10 January 2017, Parliament passed the Civil Law (Amendment) Bill (No. 38/2016) (“Bill”) into law. The Bill is not yet in force and will only come into operation on a date to be notified in the Government Gazette.

Applicable Test: Application for leave under s216A of the Companies Act to intervene in on-going pro

Applicable Test: Application for leave under s216A of the Companies Act to intervene in on-going proceedings

17 Jan 2017

The recent Court of Appeal decision in Chong Chin Fook Solomon Alliance Management Pte Ltd and others [2017] SGCA 5 raised a significant point of law in respect of the legal criterion to be applied in an application by a shareholder of a company under s 216A of the Companies Act for leave of court to control conduct of on-going proceedings on behalf of the company.

Recovery of Third Party Funding Fees as Costs of the Arbitration

12 Oct 2016

In the recent case of Essar Oilfields Services v Norscot Rig Management [2016] EWHC 2361, the English High Court held that a tribunal has the power under s 59(1) of the English Arbitration Act 1996 to award the cost of third-party litigation funding as costs of the arbitration.

To read the update, please click here

SGHC dismisses applications to set aside arbitral awards on the ground that there was no contract

10 Oct 2016

In the recent High Court decision of Jiangsu Overseas Group Co Ltd v Concord Energy Pte Ltd and another matter [2016] SGHC 153, the High Court considered issues arising from a challenge against arbitral awards on the ground that there was no contract between the parties.

The High Court also clarified that a party which deliberately allowed the arbitration to proceed in its absence should not be permitted to use that fact as a reason to apply for oral testimony to be given and cross-examined in challenge proceedings in court.

Promissory Note Holders Not Bound by Arbitration Clause in Underlying Contract

This update discusses the recent case of Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza SpA [2016] SGCA 53 where the Singapore Court of Appeal upheld the decision of the High Court that the assignee’s claim based on a number of promissory notes did not fall within the scope of the arbitration agreement in the underlying Supply Agreement. The assignee of such notes was therefore free to litigate in the courts.

This decision is of significance given the widespread use of promissory notes and other negotiable instruments, especially for our clients who are involved in international commercial and shipping transactions.

Please click here to read the article.

SIAC releases the 6th edition of SIAC Arbitration Rules

SIAC releases the 6th edition of SIAC Arbitration Rules

8 Jun 2016

The 6th edition of the Arbitration Rules of the Singapore International Arbitration (“SIAC Rules 2016”) has come into effect on 1 June 2016.

Predictive Coding Software in the E-Disclosure Process Approved by English Court

Predictive Coding Software in the E-Disclosure Process Approved by English Court

21 Apr 2016

In the recent case of Pyrrho Investments Limited and another v MWB Property Limited and others [2016] EWHC 256 (Ch), the High Court of England and Wales approved the use of predictive coding software in electronic discovery.

Without Prejudice Privilege May Apply to Communications with Regulator

Without Prejudice Privilege May Apply to Communications with Regulator

7 Mar 2016

In the recent case of Property Alliance Group Ltd v Royal Bank of Scotland plc [2016] 1 WLR 361, the High Court of England (Chancery Division) confirmed for the first time that without prejudice privilege, which is usually applied in the context of civil litigation, may apply to communications with a regulator.

Statutory Derivative Action Is Not Available Once A Company Is in Liquidation

 Statutory Derivative Action Is Not Available Once A Company Is in Liquidation

6 Apr 2016

In the recent case of Petroships Investment Pte Ltd v Wealthplus Pte Ltd and others and another matter [2016] SGCA 17, the Court of Appeal held for the first time that a statutory derivative action under s 216A of the Companies Act is not available once a company is in liquidation.

The Court of Appeal clarified that when a company enters into liquidation, the duties and powers of management are exercised by the liquidator rather than the directors. It would be up to the liquidator to commence corporate actions. Hence, a derivative action is not available to shareholders.

To read the update, please click here.

FIDIC Contracts and the Enforceability of Interim Arbitral Awards

FIDIC Contracts and the Enforceability of Interim Arbitral Awards

9 Jun 2015

This update discusses the recent Singapore Court of Appeal (“CA”) decision in the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30, where the CA was split 2:1 in its decision with the majority of the CA dismissing the appeal.  In the case of PT Perusahaan, the CA considered the interpretation of section 19B of the International Arbitration Act (Cap 143A) (“IAA”) in coming to its decision, as well as the question of whether an interim award  was an “award” as defined in section 2 of the IAA.

Parties may contractually limit their right to restrain calls on performance bonds

Parties may contractually limit their right to restrain calls on performance bonds

14 May 2015

This update discusses the recent case of CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2015] SGCA 24 where the Singapore Court of Appeal was asked to consider whether a clause in a construction contract between the main contractor and developer was invalid and unenforceable on the basis that it was contrary to public policy as an ouster of the jurisdiction of the court. 

RESOLVING INTERNATIONAL DISPUTES IN SINGAPORE – 101

Singapore has been a trade bridge between the East and the West for close to 200 hundred years. It has one of the busiest ports and one of the best airports underlying its fantastic transportation links. For one of the most densely populated places on earth, the traffic flows smoothly, people get to places reliably on the metro network and there is a large number of taxis that gets you anywhere you need to be in about 10 minutes, or 20 if getting to or from the airport.

PATENT LITIGATION: PRE-TRIAL INSPECTION OF PROCESS IS NOT ALLOWED

In a decision by the Singapore High Court (Towa Corporation v ASM Technology Singapore Pte Ltd & Anor [2014] SGHCR 16, an in-depth examination of the rules allowing the court to order a pre-trial inspection has disclosed that the Singapore rules do not allow for such inspection of an allegedly patent infringing process.

Shin Khai Construction Pte Ltd v FL Wong Construction Pte Ltd [2013] SGHCR 04

In the case of Shin Khai Construction Pte Ltd v FL Wong Construction Pte Ltd, the Learned Assistant Registrar Jordan Tan AR (“the learned AR”) had to consider the novel question of whether an adjudication determination may be set aside on the ground that the adjudication application was lodged later that the period of entitlement stipulated by s 13(3)(a) of the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (“the Act”).

RECENT CASE UPDATE: VALIDITY OF AGREEMENT TO "NEGOTIATE IN GOOD FAITH"

In HSBC Institutional Trust Services (Singapore) Ltd (trustee of Starhill Global Real Estate Investment Trust) ("Landlord") v Toshin Development Singapore Pte Ltd ("Tenant") [2012] SGCA 48, the Singapore Court of Appeal upheld a contractual clause which requires the parties "to negotiate in good faith". In its judgment, the Court of Appeal also elaborated on the scope of "good faith" obligation during negotiation.

AGREEMENT TO NEGOTIATE IN GOOD FAITH UPHELD

HSBC Institutional Trust Services (Singapore) Ltd (trustee of Starhill Global Real Estate Investment Trust) v Toshin Development Singapore Pte Ltd [2012] SGCA 48

Legal Updates, August 2012

Arbitration

Giant Light Metal Technology (Kunshan) Co Ltd v Aksa Far East Pte Ltd [2012] SGHC 2

INDEPENDENT DIRECTOR ACQUITTED OF CONVICTIONS UNDER THE SECURITIES AND FUTURES ACT

Madhavan Peter v Public Prosecutor and other appeals [2012] SGHC 153

Lawyer Peter Madhavan, the first independent director to be sentenced to imprisonment in Singapore for market misconduct, has had his convictions, sentences and disqualification order overturned by the High Court.

SUCCESS FEES PAYABLE BY CLIENT TO ADVISOR

eSys Technologies Pte Ltd v nTan Corporate Advisory Pte Ltd [2012] SGHC 136

SET ASIDE OR RESIST ENFORCEMENT: DOES ONE HAVE TO CHOOSE?

What are the options available to a party which is unsuccessful in an arbitration? Should it apply to set aside the award at the seat? Or should it resist enforcement of the award in the enforcement forum? Can it do both?

HOT-TUBBING IN INTERNATIONAL ARBITRATION

In this issue
Hot-tubbing in International Arbitration…1
By Chia Voon Jiet
Upcoming Amendments to the International Arbitration Act …………….. 3
By Chew Kiat Jinn & Mahesh Rai

The New CIETAC Arbitration Rules 2012

After more than two years of review by a working group and various consultations with arbitrators and practitioners, the China International Economic and Trade Arbitration Commission (CIETAC) has published its revised Arbitration Rules (the “2012 Rules”), which will replace the existing Arbitration Rules which have been in place since 1 May 2005 (the “2005 Rules”).

Amendmenats to Singapore's International Arbitration Act

SLRC proposes right to judicial review

Singapore is the fifth top seat of arbitration for International Chamber of Commerce-International Court of Arbitration cases, with the arbitration caseload increasing in Singapore at the Singapore International Arbitration Centre from 160 in 2009 to 198 in 2010.

MISSING WITNESSES – YOU CAN RUN BUT YOU CANNOT HIDE

To common law practitioners, cross-examination of witnesses is a critical part of any arbitration because it gives counsel an opportunity to test the veracity of the other party’s evidence.

AJU v AJT: Drawing the Line for Judicial Intervention in Arbitral Awards

I. Introduction This article looks at the recent Singapore Court of Appeal decision in AJU v AJT, [2011] SGCA 41. The case involved considerations of public policy and the extent of judicial review in arbitral awards. In a resonating decision, the Court of Appeal affirmed its minimal interventionist approach. This reinforces Singapore‟s position as a leading arbitration centre by upholding the finality of arbitral proceedings.

Amendments to Malaysian Arbitration Act 2005 facilitate arbitration in maritime disputes

As more maritime disputes are being referred to arbitration in recent years, it becomes vital for countries to adjust their arbitration laws to accommodate to commercial practicability. Along these lines, with the aim to move Malaysia forward in providing a competitive edge in this growing global arbitration arena, the Arbitration Act 2005 in Malaysia has recently been amended to provide extra measures to facilitate arbitral proceedings involving admiralty dispute.

Who’s Who holds round table event

The International Who’s Who of Commercial Litigators has brought together three of the leading practitioners in the world to discuss key issues facing lawyers today.

REVISITING “SUBJECT TO CONTRACT” CLAUSES

Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd and another appeal [2011] SGCA 42

BANKS’ DUTY OF CARE TO CUSTOMERS

The Court of Appeal has ruled that a private bank owed its customer a duty of care both in contract and in tort, even though the agreements entered into between the parties did not contain any express terms requiring the bank to advise the customer. However, in its judgment, the Court of Appeal expressed the view that banks and other financial institutions may, with the use of appropriately drafted disclaimers or exclusion clauses, prevent a duty of care from arising.

International arbitration in Singapore

There are two arbitration regimes in Singapore; 'domestic' arbitrations governed by the Arbitration Act 2002 (Cap.10, 2002 Rev.Ed.) and 'international' arbitrations governed by the International Arbitration Act (Cap. 143A, 2002 Rev.Ed.).  This article will discuss the international arbitration system.

 

UK HIGH COURT RULES THAT ...

“ALL REASONABLE ENDEAVOURS” OBLIGATION NOT LIMITED BY A PARTY’S COMMERCIAL INTERESTS

Jet2.com Ltd v Blackpool Airport Ltd [2011] EWHC 1529 (Comm)

ARBITRABILITY OF INSOLVENCY RELATED CLAIMS

In this issue
Arbitrability of Insolvency Related Claims
Retention of Title in International Sale of Goods
Should the Courts Injunct Arbitration Proceedings on the Basis of an Alleged Settlement Agreement?
Non-Arbitrability of Disputes With Public Interest Elements
ICCA Conference 2011

PHEIM LOSES APPEAL AGAINST MARKET MANIPULATION RULING

Tan Chong Koay & Anor v Monetary Authority of Singapore [2011] SGCA 36

In September 2010, the Singapore High Court ruled that Tan Chong Koay (“Tan”) and Pheim Asset Management Sdn Bhd (“Pheim Malaysia”) had contravened section 197(1)(b) of the Securities and Futures Act (“SFA”) by trading with the intention of creating a false or misleading appearance in the price of certain securities.

THE EFG BANK CASE: A WORD ON CONCLUSIVE EVIDENCE CLAUSES

Jiang Ou v EFG Bank AG [2011] SGHC 149

In the recent decision of Jiang Ou v EFG Bank AG [2011] SGHC 149, the Singapore High Court awarded damages of approximately US$2.33 million to a customer for losses suffered as the result of 160 unauthorised transactions.

UK COURT OF APPEAL RULES...

UK COURT OF APPEAL RULES THA “ENTIRE AGREEMENT” CLAUSE MAY NOT EXCLUDE LIABILITY FOR MISREPRESENTATION

UK SUPREME COURT ABOLISHES EXPERTS’ IMMUNITY FROM SUIT

Jones v Kaney [2011] UKSC 13
Summary

The UK Supreme Court, the UK’s highest court, has abolished the immunity from suit for breach of duty that experts have enjoyed in relation to their participation in legal proceedings.

INTERNATIONAL ARBITRATION UPDATE

NEW YORK COURT GRANTS PRE-AWARD ATTACHMENT IN AID OF SINGAPORE ARBITRATION

REGULATION UPDATE

MAS ISSUES GUIDANCE ON FIT AND PROPER CERTIFICATION OF REPRESENTATIVES

Changes in the Code of Governance for Charities and Institutions of a Public Character

Introduced in November 2007, the Code of Governance for Charities and Institutions of a Public Character (“Code”) sets out guidelines as to good governance in charities and Institutions of a Public Character (“IPCs”) with the underlying objective of boosting public confidence in the sector.

DAMAGES MAY BE AWARDED FOR POST-BREACH PERIOD

In one of the very few cases on assessment of damages heard by the Court of Appeal, the Court of Appeal has held that post-breach losses may be recoverable, thereby affirming the High Court’s decision in Fish & Co Restaurants Pte Ltd v MFM Restaurants Pte Ltd & Another [2010] 1 SLR 1104.

UK SUPREME COURT RULES THAT COURTS CAN REVIEW ARBITRAL TRIBUNAL’S DECISION ON JURISDICTION

In this decision of international importance, the UK Supreme Court unanimously held that where a party resists enforcement of an arbitration award on the basis that there was no arbitration agreement binding upon it under the laws of the country where the award was made, the court of the country in which enforcement is sought is entitled, and indeed bound, to revisit the question of the arbitral tribunal’s jurisdiction.

Court of Appeal Clarifies Innocent Charterer's Duty to Mitigate

The Court of Appeal's recent decision in The Asia Star is significant to the shipping industry, as the courts have now made clear that it is important for a charterer to consult a defaulting owner on the measures that the former intends to take in order to mitigate damage caused by the latter's contractual breach. 

Material Non-disclosure: Court of Appeal Clarifies Burden on Arresting Party

The High Court has clarified the degree of disclosure required on an application for a warrant of arrest following The Vasiliy Golovnin.(1) An arresting party is not required to show that it is likely to win the case on the merits before invoking the Singapore court's admiralty jurisdiction. Rather, it must merely show that the court has prima facie jurisdiction in rem in the matter under the High Court (Admiralty Jurisdiction) Act.(2) The duty to make full and frank disclosure is meant to ensure that the Singapore court's power of arrest is not being abused or misused by the arresting party. 

LEGISLATION UPDATE

MOF CONSULTATION PAPERS ON MERGERS AND ACQUISITIONS SCHEME

AGREEMENT STIFLING CRIMINAL PROCEEDINGS TAINTED BY ILLEGALITY;

AGREEMENT STIFLING CRIMINAL PROCEEDINGS TAINTED BY ILLEGALITY; ARBITRATION AWARD UPHOLDING SUCH AGREEMENT SET ASIDE

Entire Agreement Clauses

This article discusses the Singapore Court of Appeal’s recent statement on the relationship between entire agreement clauses and implied terms.

International arbitration in Singapore

The information in this article is provided subject to our terms and conditions of use.

01.05.10 - Boey Swee Siang - Naresh Mahtani

There are two arbitration regimes in Singapore; 'domestic' arbitrations governed by the Arbitration Act 2002 (Cap.10, 2002 Rev.Ed.) and 'international' arbitrations governed by the International Arbitration Act (Cap. 143A, 2002 Rev.Ed.).  This article will discuss the international arbitration system.

PROPOSED LISTING MANUAL AMENDMENTS TO STRENGTHEN CORPORATE GOVERNANCE PRACTICE

The Singapore Exchange Ltd (the “SGX”) has issued a public consultation paper which sets out proposed amendments to the Listing Manual of the Singapore Exchange Securities Trading Ltd (the “Listing Manual”). The proposals are the result of the SGX’s latest rule review. Such reviews are carried out annually to keep abreast of industry developments and to enhance the standards of the listed companies.

SINGAPORE HIGH COURT CLARIFIES SCOPE OF FORCE MAJEURE AND TERMINATION CLAUSES

The Singapore High Court has ruled that a rise in prices of sand, caused by a ban on sand exports (the “sand ban”) by the Indonesian government in January 2007, did not constitute a force majeure event which would relieve a concrete supplier of its obligations to supply concrete to a construction company. The court also highlighted the importance of being clear and unequivocal when communicating one’s intention to terminate a contract.

REGULATION UPDATE: CATALIST TRANSITION MEASURES

The Singapore Exchange Limited (the “SGX”) has announced two measures to assist companies listed on Catalist which have yet to appoint a sponsor (“Catalist-NS companies”). The measures are intended to provide financial assistance and time extension to Catalist-NS companies in light of the current challenging economic climate.

SINGAPORE COURT OF APPEAL ADDRESSES ISSUES IN PATENT INFRINGEMENT CLAIM RELATING TO BUSINESS METHOD

In this recent case, the Singapore Court of Appeal (the “Court”) applied well established propositions of patent law to a patent infringement claim relating to a business method. The Court also commented on the application of the plea of innocent infringement provided by section 69(1) of the Patents Act (Cap. 221).

SCA EXAMINES RELATIONSHIP BETWEEN “ENTIRE AGREEMENT” CLAUSES AND IMPLIED TERMS

The Singapore Court of Appeal has provided valuable guidance on the relationship between “entire agreement” clauses and implied terms in contracts. An “entire agreement” clause would arguably not, as a matter of principle, exclude the implication of terms into a contract. In order for an “entire agreement” clause to exclude implied terms, such effect must be spelled out clearly and unambiguously in the clause itself.

The Court of Appeal also held that a general duty of good faith could not be implied in law into contracts.

 

DIRECTOR FOUND PERSONALLY LIABLE FOR PROCURING COMPANY’S TORTIOUS ACT

This case illustrates the circumstances in which a court will find a director personally liable for procuring a tortious act by the company of which he is a director.

PRE-CONTRACTUAL NEGOTIATIONS AND DRAFTS MAY BE ADMISSIBLE FOR INTERPRETING AMBIGUOUS TERMS

The Singapore High Court has affirmed that pre-contractual negotiations and drafts may be admissible for interpreting latently ambiguous terms in the final contract as long as they: (i) are relevant; (ii) are reasonably available to the parties in the situation in which they were at the time of the contract; and (iii) relate to a clear or obvious context.

This principle is subject to one possible exception: extrinsic evidence that was available to only one party may be used against that party to show its subjective intention, so as to reveal what the objective intention of the parties could not be.

CHANGES TO THE CONSUMER PROTECTION (FAIR TRADING) LEGISLATION

The Consumer Protection (Fair Trading) Act (the “CPFT Act”) and related subsidiary legislation are set to undergo several changes which will, among other things, extend their scope of protection to consumers of financial products and services.

CONTROLLING DIRECTOR MAY BE LIABLE IN CONSPIRACY WITH COMPANY

The Singapore High Court has held that a company director may, in principle, be liable in conspiracy with a company of which he is the “moving spirit and controlling mind” under circumstances where they have established an arrangement which benefits the company to the detriment of third parties.

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

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