Construction & Arbitration Update Issue 02 / 2016

The Construction & Arbitration update is a compendium of commentaries produced and published by the Dentons Rodyk construction team on a weekly basis.

Showing 1 - 6 of Total Results (6)

An award set aside The end of the road or the beginning of a new one

March 1, 2016

Can a court, after setting aside an arbitral award, remit the matter back to the original tribunal that rendered the award in the first place? The Singapore Court of Appeal considered this question in the recently adjudicated case of AKN and another v ALC and others and other appeals [2015] SGCA 63.

Does a "calendar day" include a public holiday?

March 1, 2016

Fujitec Singapore Corp Ltd (“Fujitec”) served a payment claim on 1 April 2015 in accordance with its contract with GS Engineering & Construction Corp (“GS”). GS provided its payment response on 21 April 2015. Fujitec gave its notice of intention to apply for adjudication on 28 April 2015. The adjudication application was subsequently lodged on 30 April 2015.

Factoring agreements do not hinder contractors from making payment claims

March 1, 2016

The issue was whether a sub-contractor having assigned its debts under a factoring agreement retained the right to make a payment claim and could seek to enforce an adjudication determination (the “Determination”) under the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (the “Act”).

Factors and stages: Considerations in a scheme of arrangement

March 1, 2016

A recent decision by the learned Judicial Commissioner Aedit Abdullah saw the Singapore High Court clarify the factors which ought to be considered in an application to set aside an order made by the court pursuant to section 210(1) of the Companies Act (the “Act”). This is the case of Re Punj Lloyd Pte Ltd and another matter [2015] SGHC 321 (“Punj Lloyd”).

There are two tracks to getting paid so be sure of the timelines under the adjudication track

March 1, 2016

Two High Court cases have further confirmed the position on timelines under the Building and Construction Industry Security of Payment Act (“SOP Act”). First, file an Adjudication Application (“AA”) after the expiry of the Dispute Settlement Period (“DSP”), not before! Second, the contract should clearly provide for payment claims and required responses for the purposes of the SOP Act. This will ensure that the contractual timelines for submission of payment responses will apply and not the default 7-day period under the SOP Act!

When challenging an arbitral award becomes a challenge

March 1, 2016

Quite often when a decision is issued in an arbitration, the final outcome may “surprise” parties in that neither party’s arguments had been accepted fully; rather a decision lying somewhere between the two sides of the dispute was the final outcome.

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Construction & Arbitration Update Issue 02 / 2016

Construction & Arbitration Update Issue 02 / 2016

An award set aside The end of the road or the beginning of a new one

Does a "calendar day" include a public holiday?

Factoring agreements do not hinder contractors from making payment claims

Factors and stages: Considerations in a scheme of arrangement

There are two tracks to getting paid so be sure of the timelines under the adjudication track

When challenging an arbitral award becomes a challenge

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Construction & Arbitration Update Issue 02 / 2016

Construction & Arbitration Update Issue 02 / 2016

An award set aside The end of the road or the beginning of a new one

Does a "calendar day" include a public holiday?

Factoring agreements do not hinder contractors from making payment claims

Factors and stages: Considerations in a scheme of arrangement

There are two tracks to getting paid so be sure of the timelines under the adjudication track

When challenging an arbitral award becomes a challenge

Share

How can the world's largest global law firm help you today ?

Contact us or find an office in your location.

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