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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...

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    01:22 AM Victor Yao Lida (Justices’ Law Clerk)

    Satisfying the equity in proprietary estoppel: expectation, or reliance, or both? Satisfying the equity in proprietary estoppel: expectation, or reliance, or both?

    In satisfying the equity that has arisen in a claim of proprietary estoppel, should the courts endeavour to fulfil the claimant’s expectations, or to compensate for the claimant’s detriment? This question has arisen with increasing frequency in English jurisprudence, and the Singapore Court of Appeal had the occasion to give some observations on this question in the recent decision of Low Heng Leo...

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    01:18 AM Leong Hoi Seng Victor (Justices’ Law Clerk, Supreme Court of Singapore)

    The Damages That the Common Law Hath Wrought

    The damages awarded in Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 (“Wrotham Park”) are commonly seen to involve the partial disgorgement of profits, and therefore as the little brother of the damages awarded in Attorney-General v Blake (Jonathan Cape Ltd, third party) [2001] AC 268 (“AG v Blake”), which involve the total disgorgement of profits. In Turf Club Auto Emporium and...

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    10:31 PM Marcus Teo (Centre for International Law, NUS)

    Floating/Invalid Choice of Law Clauses in Context: Shanghai Turbo Enterprises Ltd v Liu Ming [2018] SGHC 172

    When a contract’s choice of law clause is invalid, what happens to the main contract, or any jurisdiction clause therein? In Shanghai Turbo Enterprises Ltd v Liu Ming [2018] SGHC 172 (“Shanghai Turbo”), the Singapore High Court (“the Court”) noted that an invalid choice of law clause (1) will not impugn the formation of the main contract, but (2) will affect the validity of a proximate jurisdictio...

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    10:21 PM Filbert Lam (LLM International Banking Law and Finance Candidate (Edinburgh); LLB (Hons) First Class (Edinburgh))

    Arbitrability of Insolvency-related Claims – A Comparison between the English and Singapore Positions

    Corporate insolvency is messy business. An efficient winding up of an underperforming company’s affairs allows for better allocation of scarce resources in the economy. Problems arise where agreements entered into prior to insolvency contain arbitration clauses which may conflict with statutory insolvency proceedings. Are such disputes arbitrable? And if so, what are the issues which remain within...