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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...

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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...