Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more
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
In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China...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
Changes in the construction law and favorable government policy continue to spur Vietnam's construction industry.
Vietnam is the third-largest country in Southeast Asia. Due to favorable government policy and an abundance...more
11/30/2021
/ Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Dispute Resolution ,
Financing ,
Foreign Investment ,
Investment ,
Investors ,
Limitation of Liability Clause ,
Liquidated Damages ,
Vietnam
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
With its strategic location and significant natural resources, Malaysia is an internationally recognized investment-friendly jurisdiction with a significant construction industry. Malaysian law offers procedural safeguards...more
11/23/2021
/ Consequential Damages Clause ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Dispute Resolution ,
Financing ,
Foreign Investment ,
Limitation of Liability Clause ,
Malaysia ,
Payment Terms ,
Subcontractors ,
UK
The construction industry in Indonesia has long been considered the backbone of the country's economic and social development, and regulations are being continuously amended to ease complexity and expedite processes for...more
[co-authors: Rhulani Matsimbi, and Kit Goodfellow]
Three pillars are at the heart of global efforts to boost sustainability and make our built environment cleaner, greener and more socially responsible: construction,...more
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
The coronavirus outbreak has to date had far reaching effects on the global economy, and the LNG industry is no exception. One question at the forefront of the minds of both sellers and buyers of LNG has been the availability...more
Significant energy market developments are raising questions for LNG sector players in Japan and worldwide. Following massive growth in the number of LNG production and export facilities, end-users and shipping capacity, the...more
2/19/2020
/ Buyers ,
Commodities ,
Contract Terms ,
End-Users ,
Energy Market ,
Exploration and Production Assets ,
Exports ,
Japan ,
Liquid Natural Gas ,
Oil & Gas ,
Renewable Energy ,
Sellers ,
Shipping
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
The Japan Commercial Arbitration Association's new rules have some novel features. They include an entirely new set of 'Interactive Arbitration Rules', requiring tribunals to give views on the dispute midway through the...more