Tactical Silence: Singapore Court of Appeal Rules on the Remedies Available to a Non-Participating Respondent to an Arbitration Who Objects on Jurisdictional Grounds Why this is important In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited...
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E-briefing: Payment Claims and the SIA Form of Contracts
Payment Claims and the SIA Form of Contracts: Can Payment Claims be Made After the Issuance of the Final Certificate? Introduction The Court of Appeal provided valuable guidance on the scope of its earlier decision in Audi Construction Pte Ltd v Kian Hiap Construction...
E-briefing: Emerging trends in technology disputes and how to effectively manage risks
Emerging trends in technology disputes and how to effectively manage risks The world is seeing a rapid increase in technology disputes and it is crucial that Corporate Counsel is aware of the ways to manage such disputes in efficient ways that could minimise the...
E-briefing: Missing the boat on Anti-Suit Injunctions – When can a party rely on Anti-Enforcement Injunctions in International Arbitration?
Why is this important? What happens when you realise that your opponent in arbitration has commenced parallel litigation? Or worse, what happens when you discover that judgment has already been obtained in the litigation and enforcement proceedings are now pending? Is...
EHE Guide to the EU-Singapore Investment Protection Agreement
The EU-Singapore Investment Protection Agreement (the “Investment Agreement”) was signed on 19 October 2018. The Investment Agreement is now in the process of ratification by all EU member states and will soon come into force. Once it comes into force, the Investment...
Legal Update: Key Amendments to the Securities and Futures Act in Singapore
Major changes to the Securities and Futures Act The Securities and Futures Act (Cap. 289) (“SFA”) has been amended since 8 October 2018 to introduce major changes to Singapore’s capital markets regulatory framework. In this client update, we summarise 3 key changes to...
ERRARE EX MACHINA: A Case Study
B2C2 Ltd v Quoine Ptd Ltd [2019] SGHC(I) 3 The first local judgment relating to digital currencies Introduction The Singapore International Commercial Court (“SICC”) found that the operator of a virtual currency exchange platform was liable for breach of contract and...
E-briefing: Arbitrating Derivatives Disputes – A quick cheat-sheet for Corporate Counsel to the 2018 ISDA Arbitration Guide
Why is this important? Dispute resolution concepts would likely be alien to many corporate counsels without a background in disputes. This piece serves as a quick cheat sheet to the 2018 ISDA Arbitration Guide (the “2018 Guide”). Our International Arbitration Of...
E-briefing: Primacy of the seat court: Can parties re-litigate issues already decided in a prior foreign enforcement proceeding?
Why is this important? Do matters such as issue estoppel and the extended doctrine of res judicata preclude parties from raising jurisdictional challenges in setting aside proceedings? Not necessarily. A recent decision by the Singapore High Court reinforces this...
E-briefing: Digital Tokens Regulatory Update
What a year 2018 has been. In his traditional message, the Prime Minister called 2018 a “productive year” and warned of ‘major uncertainties” that the global economy may face in 2019. “But with long term policies in place and a strong team in charge, the...