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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...

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    06:33 PM Tan Jia Wei, Justin, Senior Associate (Eversheds Harry Elias LLP)

    Finally, A Fast and Low-Cost Adjudication for the Building and Construction Industry – Recent Developments on the SOP Act

    The Building and Construction Industry Security of Payment Act (Cap. 30B) (the “SOP Act”) was enacted to ease cash flow to contractors and sub-contractors downstream in the building and construction industry. This was done by establishing a low-cost adjudication system to resolve payment disputes. Adjudication under the SOP Act was also expected to be fast, taking only three weeks from application...

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    12:26 PM Jarret Huang* (B.A. Cambridge) (LL.M. Harvard)

    Ochroid Trading: Illegality and Unjust Enrichment after Patel v Mirza

    In Ochroid Trading Ltd and another v Chua Siok Lui (Trading as VIE Import and Export) and another [2018] SGCA 5 (‘Ochroid’), the Singapore Court of Appeal provided welcome guidance as to the impact of Patel on the legal landscape in Singapore. Declining to adopt the broad discretion Patel necessitated, the Court of Appeal affirmed the two-step test first laid out in Ting Siew May v Boon Lay Choo a...

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    03:44 PM Loh Kai Loon (Counsel, Ashurst ADTLaw)

    Of long-form confirmations and closing out for failing to sign an ISDA

    On 4 May 2018, the Singapore International Commercial Court ("SICC") delivered its judgment in Macquarie Bank Ltd v Graceland Industry Pte Ltd [2018] SGHC(I) 05. The case was heard by Justice Sir Henry Bernard Eder, a former judge of the English High Court. This case is important because the SICC discussed the execution of an OTC derivative transaction, an Additional Termination Event where no ISD...