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    11:26 PM Tan Zhi Xiang (Justices’ Law Clerk)

    Cohabitation before marriage – do those years count?

    The courts have a broad discretion to divide matrimonial assets in divorce proceedings. They must consider “all the circumstances of the case”, including a list of factors set out in s 112(2) of the Women’s Charter (Cap 353, 2009 Rev Ed) (“the Charter”). Such circumstances include parties’ direct contributions (e.g. moneys paid to acquire assets such as the matrimonial home) and indirect contribut...

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    11:02 PM Rachel Tan Xi’en, LLB (Hons), Practice Fellow, Centre for International Law, National University of Singapore

    Case Comment: Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho [2018] SGCA 81

    On 27 November 2018, the Singapore Court of Appeal (“SGCA”) released a 116-page written judgment in Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho (“Swissbourgh v Lesotho”), just six months after a five-judge bench comprising Sundaresh Menon CJ, Andrew Phang JA, Judith Prakash JA, Tay Yong Kwang JA, and Steven Chong JA heard the appeal over two days in May 2018. This is the s...

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    10:56 PM Ben Chester Cheong (Lecturer of Law, SUSS; LLM (Cambridge), LLB (1st Class Hons) (Exeter), Advocate & Solicitor (Singapore))

    Director’s appointment clauses: The Wellness Group Pte Ltd v Paris Investment Pte Ltd and others [2018] SGCA 47

    The commentary will address the Court of Appeal’s decision in The Wellness Group Pte Ltd v Paris Investment Pte Ltd and Others [2018] SGCA 47 (“Director’s Appointment Suit CA”) as well as some practical implications for corporate lawyers. It is worth noting that Director Appointment Suit CA was an appeal from the earlier High Court’s decision in [2017] SGHC 298 (“Director’s Appointment Suit HC”). ...

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    09:38 PM Wu Junneng (Rajah & Tann Singapore LLP)

    The Reign of Party Autonomy and Contractual Sanctity: Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd [2018] SGCA 65

    Litigation is like a game of chess – every “move” is a calculated one. The forum where the dispute is heard may be crucial. To that end, commercial parties often agree in advance on the forum to resolve their dispute. Such forum selection agreements are commonly known as jurisdiction (exclusive or non-exclusive) or arbitration agreements. This commentary will examine the recent decision of Vinma...

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    06:14 PM Shaun Pereira (Shearman & Sterling LLP)

    Arbitrating disputes under the articles of association

    A shareholder brings an action in court against a joint-venture company, alleging that the company has breached its articles of association. The article alleged to have been breached is mirrored in an identical clause in a shareholders’ agreement between the company and its two shareholders (for convenience, they are referred to as the “plaintiff shareholder” and the “other shareholder”). The shar...