It is well accepted that an arbitral tribunal's deliberations are confidential. But is this principle absolute? More specifically, will a tribunal be ordered to disclose its deliberations if an arbitrator claims that his or...more
Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more
Following a 12-year arbitration and two years of enforcement proceedings, the highest court in Singapore has allowed a non-party to enforce an award made in favour of a company that had dissolved. The Court of Appeal held...more
With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region.
Singapore is a vibrant country in Southeast Asia. With...more
11/29/2021
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Termination ,
Contract Terms ,
Contractors ,
Financing ,
Limitation of Liability Clause ,
Liquidated Damages ,
Singapore ,
Termination Clauses ,
UK
Since the Rock Advertising decision of the UK Supreme Court in 2018, 'no oral modification' clauses have generally been strictly enforced. However, in Lim v Hong, the Singapore Court of Appeal has set a more flexible test for...more
Liquidated damages clauses are often attacked in common law jurisdictions for being unenforceable "penalties". The test for what constitutes a "penalty" has been reviewed in common law jurisdictions over recent years. Last...more
In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects...more
Liquidated damages provisions in contracts are unenforceable if they constitute a "penalty". The past few years have seen subtle but important shifts in how the concept of a penalty is defined. A recent decision from the...more
A recent decision by Singapore's highest court has held that a contractor must first establish that it is entitled to payment under the contract in order to claim progress payments under the Security of Payment Act, raising...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow
It is easier than ever for...more
2/6/2019
/ Appellate Courts ,
Arbitration ,
Arbitration Awards ,
Belgium ,
Cross Examination ,
Debt ,
DIFC ,
Discovery ,
Dispute Resolution ,
Dubai ,
Dubai International Arbitration Center (DIAC) ,
Foreign Judgments ,
Forum Selection ,
France ,
Germany ,
Hong Kong ,
Interim Remedies ,
International Arbitration ,
International Litigation ,
Judges ,
Judicial Authority ,
Judicial Remedies ,
Judicial Review ,
Jurisdiction ,
Jury Trial ,
Litigation Fees & Costs ,
Oral Hearings ,
Privileged Documents ,
Right To Appeal ,
Russia ,
Singapore ,
Singapore International Commercial Court ,
Summary Judgment ,
Sweden ,
Switzerland ,
Third Party Funding ,
UK ,
United States ,
Witnesses ,
Young Lawyers