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Singapore Appeals

Jones Day

Clarity in Singapore: How COMI Is Determined Under the UNCITRAL Model Law on Cross-Border Insolvency

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In re Fullerton Capital Ltd [2025] SGCA 11, a BVI-incorporated company entered into insolvency proceedings in the British Virgin Islands ("BVI"). The liquidators sought recognition of the BVI liquidation as a "foreign main...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seating an Arbitration in Hong Kong or Singapore: Considering a Decades-Old Conundrum in 2025

The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more

Hogan Lovells

30 years of the International Arbitration Act: a review

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MinLaw’s current review of the IAA signifies efforts to strengthen the competitiveness of Singapore as a hub for international arbitration. With this year marking the 30th anniversary of the Singapore International...more

Morgan Lewis

Singapore Court of Appeal Rules on Nonparticipating Parties Raising Infra Petita Challenges to an Arbitral Award

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A recent case in the Singapore Court of Appeal raised a significant legal question regarding whether a nonparticipating party to an arbitration can challenge an arbitral award on the grounds that the arbitrator had failed to...more

Morrison & Foerster LLP

Singapore and English Courts Examine Availability of Anti-suit Injunctions in Claims Against Non-parties to Arbitration Agreements

Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

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In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

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If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

Mayer Brown

Singapore: Arbitrator Found Functus Officio for Failing to Make Express Reservation of Jurisdiction in Final Award

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The Singapore Court of Appeal has released its grounds for deciding that an arbitrator was functus officio with no jurisdiction to issue a further award in Voltas Ltd v. York International Pte Ltd [2024] SGCA 12....more

Morgan Lewis

Singapore Court of Appeal Holds Conditional Award Can Be Final Award, No Implied Reservation of Jurisdiction to Revisit

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The Singapore Court of Appeal held on 2 May 2024 in Voltas Ltd v York International Pte Ltd that (1) a conditional award can be a final award; and (2) following the issuance of a final award and absent an express reservation...more

A&O Shearman

Interpreting the UNCITRAL Model Law on Cross-Border Insolvency: Singapore courts adopt a uniform, consistent and expansive...

A&O Shearman on

Creditors involved in cross-border restructuring or insolvency proceedings of corporate groups will find that the approach of the Singapore courts to questions of cross-border insolvency provides the assurance of an orderly...more

A&O Shearman

Bank’s inability to establish identity of vessel owner results in inability to rely on sanctions clause

A&O Shearman on

The Court of Appeal found a confirming bank to be in breach of contract by declining to make payment under a confirmation to a letter of credit on the basis that a sanctions prohibition applied....more

King & Spalding

COVID as a Force Majeure Event - An Interesting and Unexpected Development in Singapore

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The Appellate Division of the Singapore High Court recently provided the construction industry with interesting, and somewhat unexpected, guidance regarding COVID as a force majeure event in the context of construction...more

White & Case LLP

A rose by any other name: enforcing an arbitral award in favour of a non-existent party

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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

White & Case LLP

Singapore court considers whether lock-up agreements alter the classification of creditors

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Lock-up agreements typically involve the company's creditors committing in advance to vote at the relevant class meeting in favour of the contemplated scheme. Lock-up agreements serve an important commercial purpose of either...more

White & Case LLP

The Singapore Court of Appeal considers the UNCITRAL Model Law

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The automatic stay under the version of the UNCITRAL Model Law on Cross-Border Insolvency adopted by Singapore ("Singapore Model Law") is an accessible and powerful tool for protection under the Singapore restructuring regime...more

White & Case LLP

Employer’s right to damages during defects notification period

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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

White & Case LLP

Liquidated damages and penalties in Singapore

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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

White & Case LLP

Trending: Legal protection for cryptoasset stakeholders

White & Case LLP on

Recent decisions in Singapore and New Zealand confirm that the courts are prepared to act to provide greater certainty and support to stakeholders in cryptoassets....more

White & Case LLP

Security of payment: claiming a sum that “may” be due?

White & Case LLP on

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

Robins Kaplan LLP

Your Daily Dose of Financial News

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We’ve been keeping tabs on the high-profile CEOs who have withdrawn from Saudi Arabia’s coming investment conference over the past few weeks. But pulling out the conference is very different from severing ties with the...more

Foster Garvey PC

OTA & Travel Distribution Update - Job postings hint at TripAdvisor's growing interest in travel packages; Orbitz held to be a...

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Job Postings Hint at TripAdvisor’s Growing Interest in Travel Packages - ("TripAdvisor Hints at Its Growing Interest in Vacation Package Search," Skift Travel New, September 6, 2018) Since April of this year, TripAdvisor’s...more

Morgan Lewis

Singapore Court of Appeal: Proof of Debt Not Listed in Defunct Company’s Assets Was Abandoned

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In a decision that could widely affect accountants, auditors, and other finance professionals, the Singapore Court of Appeal recently ruled that a defunct company had abandoned its right related to a proof of debt due to the...more

Hogan Lovells

Court of Final Appeal extends time for First Media to challenge enforcement orders and judgment

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In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more

Morgan Lewis

When Is a Deposit Refundable? Express Terms Are Important

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Singapore’s Court of Appeal recently ruled that a party to a contract is not entitled to a refund of a $300,000 deposit it had paid in anticipation of an agreement that never materialised. Contracting parties are therefore...more

Morgan Lewis

Singapore’s Court of Appeal Clarifies Key Issues of Jurisdiction, Parties’ Obligations Under Payment Disputes Law

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The court’s recent decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd addresses perennial issues surrounding the validity of contractual payment claims for the purposes of the Building and Construction...more

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