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
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
Case – Sichuan Daiyalan Trading v Hong Kong New Wish Electronics -
In Sichuan Daiyalan Trading v Hong Kong New Wish Electronics (Fourth Intermediate People's Court of Beijing, 19 March 2021), the Court upheld an...more
The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives...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