Loh Kai Loon (Counsel, Ashurst ADTLaw): On 4 May 2018, the Singapore International Commercial Court ("SICC") delivered its judgment in Macquarie Bank Ltd v Graceland Industry Pte Ltd [2018] SGHC(I) 05. The case was heard by... singaporelawblog.sg/blog/article/2…

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Jarret Huang: In Ochroid Trading Ltd and another v Chua Siok Lui (Trading as VIE Import and Export) and another [2018] SGCA 5 (‘Ochroid’), the Singapore Court of Appeal provided welcome guidance as to the impact of Patel on the... singaporelawblog.sg/blog/article/2…

"Finally, A Fast and Low-Cost Adjudication for the Building and Construction Industry – Recent Developments on the SOP Act" Justin Tan: The Building and Construction Industry Security of Payment Act (Cap. 30B) (the “SOP Act”)... singaporelawblog.sg/blog/article/2…

Lee Zhe Xu (LL.B (NUS), LL.M (Boston)): An ouster clause is a statutory provision which prima facie prohibits judicial review of the exercise of the discretionary powers of the Executive to which they relate: Per Ah Seng Robin v... singaporelawblog.sg/blog/article/2…

It is well accepted that an arbitral tribunal has a wide discretion over the procedural aspects of arbitral proceedings. This discretion ranges from deciding the timeline of the arbitration to parties' disclosure obligations to... singaporelawblog.sg/blog/article/2…

Darius Chan: Article 16(3) of the Model Law provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One... singaporelawblog.sg/blog/article/2…

Darius Chan: It is not uncommon for practitioners acting for claimants in arbitrations to encounter a respondent who chooses to boycott the arbitral process. In cases involving such ‘non-participating’ respondents, what are the... singaporelawblog.sg/blog/article/2…

This digest is a compilation of publications (including articles, books, and book chapters) by local academics from the National University of Singapore, Faculty of Law, and the Singapore Management University, School of Law. It... singaporelawblog.sg/blog/article/2…

Filbert Lam: Corporate insolvency is messy business. An efficient winding up of an underperforming company’s affairs allows for better allocation of scarce resources in the economy. Problems arise where agreements entered into... singaporelawblog.sg/blog/article/2…

Marcus Teo: When a contract’s choice of law clause is invalid, what happens to the main contract, or any jurisdiction clause therein? In Shanghai Turbo Enterprises Ltd v Liu Ming [2018] SGHC 172 (“Shanghai Turbo”), the Singapore... singaporelawblog.sg/blog/article/2…

Shaun Pereira (Shearman & Sterling LLP): A shareholder brings an action in court against a joint-venture company, alleging that the company has breached its articles of association. The article alleged to have been breached is... singaporelawblog.sg/blog/article/2…

Wu Junneng (Rajah & Tann Singapore LLP): Litigation is like a game of chess – every “move” is a calculated one. The forum where the dispute is heard may be crucial. To that end, commercial parties often agree in advance on the... singaporelawblog.sg/blog/article/2…

Ben Chester Cheong (SUSS): For most mergers and acquisitions corporate lawyers, the shareholders’ agreement is an integral part of the suite of documentation required for a client’s investment into a potential target company.... singaporelawblog.sg/blog/article/2…

Rachel Tan Xi’en (CIL): On 27 November 2018, the Singapore Court of Appeal (“SGCA”) released a 116-page written judgment in Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho (“Swissbourgh v Lesotho”), just six... singaporelawblog.sg/blog/article/2…

Tan Zhi Xiang: The courts have a broad discretion to divide matrimonial assets in divorce proceedings. They must consider “all the circumstances of the case”, including a list of factors set out in s 112(2) of the Women’s... singaporelawblog.sg/blog/article/2…

Academic Publications Digest (Jul–Dec 2018) Need to find academic authority for a novel proposition or interested in cutting edge issues of law? This compilation of academic publications by professors from NUS Law and SMU Law... singaporelawblog.sg/blog/article/2…

Tracy Gani: Singapore’s insolvency and restructuring landscape has commended itself to a series of recent legislative amendments. These amendments are part of Singapore’s efforts to enhance its insolvency and restructuring laws... singaporelawblog.sg/blog/article/2…

"Examining Principle and Legality: Singapore’s Experience at International Courts and Tribunals" Rachel Tan Xi’en, LLB (Hons), Centre for International Law, National University of Singapore and Bethel Chan Ruiyi, Juris Doctor... singaporelawblog.sg/blog/article/2…