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03:06 PM 02-Mar-2020 Tan Tian Hui (LLB (First Class Hons) (Bristol), B.C.L. (Oxon), Associate, Rajah & Tann Singapore LLP)
Mareva injunctions in support of foreign court proceedings: Bi Xiaoqiong v China Medical Technologies, Inc (in liquidation) and CMED Technologies Ltd [2019] SGCA 50
In Bi Xiaoqiong v China Medical Technologies, Inc (in liquidation) and CMED Technologies Ltd [2019] SGCA 50, the Court of Appeal (“CA”) considered whether the plaintiff has to satisfy a third requirement – that the cause of action against the defendant must also terminate in a judgment rendered by the court that issues the injunction (the “Forum Requirement”). The coram of five judges held that th...
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Recognising foreign personal bankruptcy judgments in Singapore – a critical assessment of the common law’s role and its difficulties
In recent years, the Singapore courts have delivered several decisions on the law of cross-border insolvency. One such recent decision is the High Court’s judgment in Heince Tombak Simanjuntak and others v Paulus Tannos and others [2019] SGHC 216 (“Simanjuntak”) which raises some interesting and pertinent questions over the role of the common law courts in recognising foreign personal bankruptcy j...
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Can a wife consider her husband’s family business obtained from his father as a “matrimonial asset”?
In the recent Court of Appeal decision of UEQ v UEP [2019] SGCA 45, the issue was whether, on divorce, the husband’s shares of the family business received from his father as a gift can be treated as a “matrimonial asset” for division. This case has profound impact, as the legal principle applies equally to gifted or inherited family businesses and provides valuable insights on the entitlement of ...
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A closer look at proposed amendments to the International Arbitration Act: How far should parties be allowed to contract out of the grounds for annulling an award?
Under Proposal 5 of the Ministry of Law’s recent public consultation on Singapore’s International Arbitration Act (“IAA”), parties will be given the option to limit or waive by agreement (collectively, “contract out of”) the annulment grounds in s 24(b) of the IAA and Article 34(2)(a) of the UNCITRAL Model Law on International Commercial Arbitration (“ML”), but not those in s 24(a) of the IAA and ...
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A sensible approach to severance: Tillman v Egon Zehnder [2019] UKSC 32
If the unreasonable portions of a restrictive covenant are severed from the reasonable portions, will employers be escaping the consequences of widely-drafted restrictive covenants that they were responsible for? Or will this allow their legitimate interests to be protected? ...
Archive
- 2022
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- Dentons Rodyk Dialogue 2021: Sustainability and Innovation for a More Resilient Future
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- Developing Singaporean Jurisprudence on Reviewing Investor-State Arbitral Awards: Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others [2017] SGHC 195
- A Suspended State of Patent Invalidity: Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others [2017] SGHC 232
- September
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- Clarifying the forum non conveniens doctrine: Rappo, Tania v Accent Delight International Ltd and another and another appeal [2017] SGCA 27
- Foreign bank mergers, universal succession and the Singapore Banking Act
- When will a stay of court proceedings be granted in favour of arbitration? – interpreting “null and void, inoperative or incapable of being performed”
- May
- Whither punishment and deterrence in contract law? Examining the rejection of punitive damages and its implications on the penalty rule
- Policy considerations when interpreting tax statutes: Zhao Hui Fang v Commissioner of Stamp Duties [2017] SGHC 105
- Narrower Protection for Compilations: Where Creativity Trumps Effort
- April
- Guidance on the Scope of the Parallel Importation Defence under the Trade Marks Act
- Have the Singapore Courts Faltered in the Enforcement of Arbitration Agreements? TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21
- Genetic affinity as a novel remedy for wrongful fertilisation – a case of assessing the incalculable? ACB v Thomson Medical Pte Ltd and others [2017] SGCA 20
- Of prima facie standard(s), bare arbitration clauses and constituting arbitral tribunals: KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another suit [2017] SGHC 32
- Examining the “special circumstances” test in BLY v BLZ [2017] SGHC 59: when should jurisdictional challenges result in stays of the arbitral proceedings?
- March
- February
- A distinction without a difference: L Capital Jones Ltd v Maniach Pte Ltd [2017] SGCA 3
- The Minority’s Approach to Statutory Interpretation in AG v Ting Choon Meng better accords with the Interpretation Act
- Yap Son On v Ding Pei Zhen clarified Contractual Interpretation but left questions about Extrinsic Evidence and the Starting Points for Interpretation
- January
- 2016
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- The limits of a case management stay to enforce the contractual bargain under an arbitration agreement: Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57
- You Can Run but You Can’t Hide: Storey, David Ian Andrew v Planet Arkadia Pte Ltd and others [2016] SGHCR 7
- June
- IPOS Media Release - Cash for IP through loan financing now a reality in Singapore
- Green Men and Treacherous Crossings: Asnah bte Ab Rahman v Li Jianlin [2016] 2 SLR 944
- No reliance without expectation of returns? - Alvin Nicholas Nathan v Raffles Assets (Singapore) Pte Ltd [2016] SGCA 18
- SAL Annual Review Conference 2016
- May
- April
- Media Release from IPOS: Record strong growth in global intellectual property filings
- On The Nomenclature And Characterization Of Arbitral Awards: PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] 4 SLR 364
- Case Comment: Accent Delight International Ltd v Bouvier, Yves Charles Edgar [2016] SGHC 40
- Submissions open for the TrustLaw Index of Pro Bono 2016
- Event Note: Islamic Banking & Finance Law Conference
- Protecting Business and Economic Interests: Contemporary Issues in Tort Law (18 & 19 August 2016)
- February
- January
- 2015
- December
- Implications for Sale of Second-Hand Cars in Singapore: Kau Joo Guan v Kwek Seow Hui t/a Car Dynasty and ors [2015] SGDC 279
- UK Supreme Court Confirms the Traditional Approach to the Implication of Terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72
- November
- October
- Bankruptcy: the statutory demand and the security held by the creditor - Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd [2015] SGHC 157
- The scope of ‘de novo’ review of an arbitral tribunal’s jurisdiction
- No enforcement of an arbitral award against a related company in Singapore based on the “single economic entity” concept: Manuchar Steel Hong Kong Ltd v Star Pacific Line Pte Ltd [2014] 4 SLR 832
- Of “Relevant Markets” and “Windfalls” – The Court of Appeal’s decision in Marco Polo Shipping Company Pte Ltd v Fairmacs Shipping & Transport Services Pte Ltd [2015] SGCA 44
- A Morning with “Drones” – Report on the SMU CLE Seminar on “Using “Drones” in Singapore: An Analysis of the Unmanned Aircraft (Public Safety and Security) Act 2015”
- September
- Clash of Jurisdictions: The Applicable Standard of Review for Stay Applications Under the International Arbitration Act: Malini Ventura v Knight Capital Pte Ltd and others [2015] SGHC 225
- Court of Appeal sets aside Mareva injunctions and ancillary disclosure orders in Bouvier, Yves Charles Edgar and another v Accent Delight International Ltd and another and another appeal [2015] SGCA 45
- The International Tribunal for the Law of the Sea and its Joint Declaration with Singapore – Prospects, Possibilities and Predictions
- Defining Shareholders’ residual powers of management: Chan Siew Lee v TYC Investment Pte Ltd and Ors [2015] SGCA 40
- Justice As Friendship: Book Review
- The Rights of Liquidators to Access Documents and Working Papers of an Insolvent Company: PricewaterhouseCoopers LLP and others v Celestial Nutrifoods Ltd (in compulsory liquidation) [2015] SGCA 20
- August
- SMU Criminal Justice Conference 2015
- Case Comment on Mahidon Nichiar bte Mohd Ali v Dawood Sultan Kamaldin (Non est factum)
- Seminars on Dispute Resolution in Singapore
- Amendments to the Companies Act – Audit Exemption for Small Companies
- High Court endorses the liquidator’s power to assign the fruits of a cause of action: Re Vanguard Energy [2015] SGHC 144
- Settling Down Change of Position Defence: Southage Pty Ltd v Vescovi [2015] VSCA 117
- July
- June
- Clarifications on the Mental Capacity Act
- Case Comment on Xia Zhengyan v Geng Changqing [2015] SGCA 22
- The Christopher Bathurst Prize
- PDF Versions of All Blog Entries Now Available for Download
- Singapore Law Blog Entries Now Available on Singapore Law Watch and LawNet
- Clarity in Effecting Service Outside of Jurisdiction: Humpuss Sea Transport Pte Ltd v PT Humpuss Intermoda Transportasi TBK [2015] SGHC 144
- Dual-Institution Provision in Arbitration Agreements and the Principle of Effective Interpretation: Government of the Russian Federation v I M Badprim Srl
- May
- Contractual Construction of Jurisdiction Agreements: Exclusive or Non-Exclusive - Hin-Pro International Logistics Limited v Compania Sud Americana De Vapores S.A. [2015] EWCA Civ 401
- Restraining Payment under a Performance Bond: Validity of Clauses Limiting the Grounds for Injunctive Relief
- Mortgagee’s Right to Take Possession Subject to Existing Lease: United Overseas Bank Ltd v Loh Boon Hua [2015] SGHCR 9
- Modern Studies in the Law of Trusts and Wealth Management: Theory and Practice
- Singapore Legal Futures Conference
- Singapore Court of Appeal Espouses Standards to be Met When Setting Aside an Arbitral Award and Reinforces Singapore's Pro-Arbitration Policy
- April
- Case Comment on Ang Pek San Lawrence v Singapore Medical Council [2015] SGHC 58
- Equitable Remedies in Commercial Litigation
- Issues and Problems in Enforcing Arbitral Awards Across Multiple Jurisdictions: Astro v Lippo, the Hong Kong Edition
- High Court Clarifies Scope of Riddick Principle in Singapore: Foo Jong Long Dennis v Ang Yee Lim [2015] 2 SLR 578
- Does the Obligation to Obtain the Consent of a Third Party Extend to Taking Further Steps After Rejection?
- Global Technology Law Conference 2015: The Future of Money and Data
- High Court Clarifies Law on Applications to Set Aside Arbitral Award for Lack of Jurisdiction: AQZ v ARA [2015] SGHC 49
- March
- Featured Articles on Exclusion of Banks' Liabilities
- Singapore Law Blog Featured in the Straits Times!
- Clarification on the Offer to Settle Regime in Order 22A of the Rules of Court: Ong & Ong Pte Ltd v Fairview Developments Pte Ltd [2015] SGCA 5
- Case Comment: Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another [2015] SGHC 38
- Case Comment: Government of the Lao People's Democratic Republic v Sanum Investments Ltd [2015] SGHC 15
- Remoteness of Damage: Principle, Policy or Proportionality? (Report on SAL Distinguished Speaker Lecture)
- Understanding an Option to Renew a Lease: AREIF (Singapore I) Pte Ltd v NTUC Fairprice Co-operative Ltd [2015] SGHC 28
- Database of Articles on Singapore Law
- Case Comment: Koh Kow Tee Michael v Lee Ewe Ming Edward [2015] SGHC 60
- The Recoverability of Romantic Gifts: Kua Tee Beng v Ye Caiyan [2015] SGHC 53
- Reflective Loss, Reverse Piercing and Alter Ego in Koh Kim Teck v Credit Suisse AG, Singapore Branch [2015] SGHC 52
- February
- Equitable Compensation at a Tipping Point
- Case comment on ACB v Thomson Medical Pte Ltd and others [2015] SGHC 9
- Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
- Case Comment on M+W Singapore Pte Ltd v Leow Tet Sin and another [2015] SGHC 10
- Case Comment: Gimpex Ltd v Unity Holdings Business Ltd and others and another appeal [2015] SGCA 8
- The Discretionary Death Penalty for Murder: Guidance at Last
- January
- The Singapore High Court Grapples with Whether Minority Oppression Claims May or May Not Be Arbitrable
- Opening of Legal Year 2015: A Year for Pushing Boundaries
- Summary of Speeches at the Opening of the Legal Year 2015
- Identifying an Interest in Land Sufficient to Support a Caveat: Salbiah Bte Adnan v Micro Credit Pte Ltd [2014] SGHC 249
- Featured Articles on Protection from Harassment Act 2014
- Trusts in Commerce: Guy Neale v Nine Squares Pty Ltd [2014] SGCA 64
- Misconduct and the Division of Matrimonial Assets: Clarification from the Court of Appeal Chan Tin Sun v Fong Quay Sim [2015] SGCA 2
- Extent and Limitation of a “Free-Hand Rights” Clause in Building and Construction Contracts where there are Defects: Ng Boo Han & Koo Oi Lian Audrey-Ann v Teo Boon Hiang Edward [2014] SGHC 267
- December
- 2014
- December
- Contract Law Update 2014
- Launch of Singapore Law Blog Social Media Pages and Database of Academic Articles on Singapore Law
- R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56: Lessons in Contractual Formation
- Singapore Law Blog is Now Mobile-Friendly!
- The Singapore International Commercial Court: A New Era in Commercial Litigation in Singapore
- Was Singapore Airlines Liable for Business-Class Seats Sold at Economy Rates?
- Singapore Law Blog Featured in the Straits Times!
- Siemens Industry Software Pte Ltd v Lion Global Offshore Pte Ltd [2014] SGHC 251: Further Issues in Contractual Formation and Duress
- Proceedings Report: The 4th Asia Pacific Journal of Private International Law Colloquium
- Sign up for the Singapore Law Blog Mailing List!
- The ASEAN Economic Community and the Legal Services Market
- RBC Properties Pte Ltd v Defu Furniture Pte Ltd [2014] SGCA 62: Restatement of Law Relating to Misrepresentation in Singapore
- A Rare Case of Conspiracy by Lawful Means
- Protection from Harassment Act 2014: Offences and Remedies
- November
- Regulating Aerial Photography and Videography Proportionately: Some Thoughts on the SAL Seminar “Droning on About Journalism – Remotely Piloted Aircraft, Newsgathering, and Law”
- 4th Asia Pacific Journal of Private International Law Colloquium
- General Information on Case Comments
- The Presumption of Resulting Trust: A New Era?
- General Information on Legal News
- General Information on Journal Articles
- General Information on CLE Events
- October
- September
- Examination orders against foreign officers of a judgment debtor: Burgundy Global Exploration Corp v Transocean Offshore International Ventures Ltd and another appeal [2014] SGCA 24
- Singapore High Court opines on lacuna in the law on permanent anti-suit injunction in aid of foreign seated arbitration
- August
- Oxford University Commonwealth Law Journal, Volume 13, Number 2, 2013
- Misconduct and the Division of Matrimonial Assets: Chan Ting Sun v Fong Quay Sim [2014] SGHC 97
- Mediated Postnuptial Agreements and Ancillary Matters: Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37
- A Principled and Structured Approach For Ascertaining Beneficial Interests in Property Disputes: Chan Yuen Lan v See Fong Mun [2014] SGCA 36
- An Overview of the Impending Changes in the Family Justice Landscape
- July
- May
- Enforcement of Foreign Judgments: Giant Light Metal Technology (Kunshan) Co Ltd v Aksa Far East Pte Ltd [2014] 2 SLR 545
- Illegality in Contract: Poh Cheng Chew v K P Koh & Partners Pte Ltd [2014] 2 SLR 573
- Standard of Care in Negligence: BNJ v SMRT Trains Ltd [2013] SGHC 286
- Issues in Tax Avoidance: Comptroller of Income Tax v AQQ [2014] SGCA 15
- Conflict of Laws Issues: The Republic of the Philippines v Maler Foundation [2013] SGCA 66
- Liability for Misrepresentation: Defu Furniture Pte Ltd v RBC Properties Pte Ltd [2014] SGHC 01
- December