Construction & Arbitration Update

Issue 01 / 2016

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Construction & Arbitration Update

Construction & Arbitration Update

Issue 01 / 2016

February 16, 2016

Welcome to the first issue of the Construction & Arbitration update in 2016.

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

This issue includes:

We hope you enjoy our articles. Please sign up to be included in our mailing list if you wish to receive our newsletters directly in your mailbox.

Showing 1 - 7 of Total Results (7)

Construction subcontracts Untangling the web

December 1, 2015

In contrast to main contract documents, which are usually drafted, compiled and vetted by the employer’s consultants and lawyers, sub-contract documents are usually prepared by the main contractor incorporating bits and pieces of the main contract. The recent decision of UES Holdings Pte Ltd v Grouteam Pte Ltd [2015] SGHC 275 illustrates how greater care in the preparation of sub-contract documents will avoid disputes.

High Court refuses to set aside an international arbitration award

December 1, 2015

In dismissing AMZ's application to set aside portions of an international arbitration award, for alleged procedural defects, including an alleged breach of natural justice, the Singapore High Court had the opportunity to comment on the law pertaining to several interesting issues.

Of promissory notes, assignments and arbitration agreements

November 1, 2015

Is a claimant suing on a promissory note obliged to arbitrate because he is also an assignee of a related contract with an arbitration agreement? Recently the Singapore High Court in Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd [2015] SGHC 264 had to consider this question.

Penalty clauses: The Singapore position vs The UKSC’s Fine-tuned Doctrine

December 1, 2015

When would a contractual provision be considered a penalty clause not enforceable in courts? The position adopted by Singapore courts is largely based on the early 20th century authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79. The United Kingdom Supreme Court has since created a new leading authority to replace Dunlop Tyre.

Safeguard against issuance of multiple payment claims

December 1, 2015

The issue before the High Court was whether a claimant could only serve one payment claim in a payment claim period, or one payment claim per reference period in a payment claim period.

Setting aside an adjudication determination: Overly technical objections brushed aside

December 1, 2015

The Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) stipulates the procedure to be adopted for an adjudication application. In Aik Heng Contracts and Services Pte Ltd v Deshin Engineering & Construction Pte Ltd [2015] SGHC 293, the Court reiterated that in setting aside an adjudication determination, it was only concerned with material breaches, and not technical breaches.

Singapore Court Of Appeal clarifies that minority oppression claims are arbitrable

December 1, 2015

In the seminal decision of Tomolugen Holdings Ltd v Silica Investors Ltd [2015] SGCA 57, the Singapore Court of Appeal considered an application to stay court proceedings in favour of arbitration under s 6 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (the “IAA”).

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Construction & Arbitration Update

Construction & Arbitration Update

Construction subcontracts Untangling the web

High Court refuses to set aside an international arbitration award

Of promissory notes, assignments and arbitration agreements

Penalty clauses: The Singapore position vs The UKSC’s Fine-tuned Doctrine

Safeguard against issuance of multiple payment claims

Setting aside an adjudication determination: Overly technical objections brushed aside

Singapore Court Of Appeal clarifies that minority oppression claims are arbitrable

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Construction & Arbitration Update

Construction & Arbitration Update

Construction subcontracts Untangling the web

High Court refuses to set aside an international arbitration award

Of promissory notes, assignments and arbitration agreements

Penalty clauses: The Singapore position vs The UKSC’s Fine-tuned Doctrine

Safeguard against issuance of multiple payment claims

Setting aside an adjudication determination: Overly technical objections brushed aside

Singapore Court Of Appeal clarifies that minority oppression claims are arbitrable

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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