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It is rare indeed for a challenge to an award to succeed. Accordingly, the courts do not often get a chance to consider the appropriate remedy in such a case, in particular whether the award should be remitted to the tribunal or set aside. The Singapore Court of...
It is uncontroversial to say that the seat court has supervisory jurisdiction over an arbitration. But can another, non-seat court, have a residual jurisdiction to grant relief in respect of matters not within the purview of the seat court? That was the issue that the...
On 5 June 2025, the Appellate Division of the High Court delivered its decision in Inter-Pacific Petroleum Pte Ltd (in liquidation) v Goh Jin Hian [2025] SGHC(A). The Appellate Court overturned the High Court’s ruling that had held Dr Goh personally liable for over...
Would the enforcement of an unless order issued for the purposes of enforcing a procedural order be tantamount to fashioning a new ground for refusing the enforcement of a foreign arbitral award in contravention of the New York Convention[1] (the “Convention”)? The...
On 15 May 2025, Singapore Exchange Regulation (“SGX RegCo”) published a consultation paper proposing reforms to the SGX Mainboard Listing Rules, aimed at transitioning to a more disclosure-based regime. Key proposals include replacing certain prescriptive requirements...
On 30 May 2025, the Monetary Authority of Singapore (“MAS”) responded to public feedback on its proposed regulatory framework for Digital Token Service Providers (“DTSPs”) under part 9 of the Financial Services and Markets Act 2022 of Singapore (“FSMA”) and issued the...
Natural justice challenges to an arbitration award of the infra petita variety, i.e. that the tribunal had not carried out its mandate by considering all the material issues that were raised in the arbitral proceedings, have become increasingly common in recent years....
The criminalising of negligence by company directors has been a controversial part of Singapore company law since it was first introduced to the Companies Act (the ”Act”) in 1966.[1] This is compounded by the fact that a breach brings with it the threat of...
The doctrine of res judicata was developed to ensure finality in litigation, to prevent endless litigation over the same subject matter typically between the same parties. Over time, it was observed that litigants were circumventing the doctrine by strategically...
Arbitration institutions like the SIAC will usually have, under their rules, considerable powers to make administrative decisions for the purpose of administering arbitrations e.g. the extension or abbreviation of time limits; whether a dispute warrants the...