APPEALING AGAINST ARBITRAL AWARDS: QUESTIONS OF LAW ONLY
APPEALING AGAINST ARBITRAL AWARDS: QUESTIONS OF LAW ONLY

In CKR Contract Services Pte Ltd v Asplenium Land Pte Ltd [2020] SGHC 81 ("CKR v Asplenium"), the High Court reiterated that the standard for appealing against an arbitral award based on questions of law under s. 49 of the Arbitration Act remains a high one. In particular, the court found that CKR had raised questions concerning the incorrect application of the law, and held that such questions were not "questions of law" under s. 49 of the Arbitration Act.

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Xian Ying Tan
CASE UPDATE: A V B [2020] EWHC 809 (TCC)
CASE UPDATE: A V B [2020] EWHC 809 (TCC)

This article is a short blog update on the Technology and Construction Court decision of A v B [2020] 809 (TCC) (“A v B”), where the Technology and Construction Court dealt with the issue of whether an independent expert’s paramount duty to the court / tribunal is inconsistent with an additional duty of loyalty to the independent expert’s duty of loyalty to the client.

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Xian Ying Tan
SAME LAWYER ACTING AGAINST SAME COUNTERPARTY IN SUBSEQUENT PROCEEDINGS
SAME LAWYER ACTING AGAINST SAME COUNTERPARTY IN SUBSEQUENT PROCEEDINGS

If a lawyer acted for Party A against Party B in a previous set of proceedings, can the same lawyer act for Party C against Party B in subsequent proceedings?

In the recent decision of LVM Law Chambers LLC v Wan Hoe Keet and Anor [2020] SGCA 29 (“LVM v WHK”), the Singapore Court of Appeal set out important guidance on the limits on lawyers acting for a different party against the same counterparty in subsequent proceedings.

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Xian Ying Tan
VICARIOUS LIABILITY IN THE UKSC: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank Plc v Various Claimants [2020] UKSC 13
VICARIOUS LIABILITY IN THE UKSC: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank Plc v Various Claimants [2020] UKSC 13

The UK Supreme Court (the “UKSC”) has recently delivered two judgments on vicarious liability, being WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (the “WM Morrison decision”) and Barclays Bank plc v Various Claimants [2020] UKSC 13 (the “Barclays Bank decision”). This short update will highlight some of the key points raised in these two decisions, starting with the WM Morrison decision followed by the Barclays Bank decision.

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Tian Luh Tan
ALLEGATIONS OF FRAUD IN ENFORCEMENT OF ADJUDICATOR’S DECISION
ALLEGATIONS OF FRAUD IN ENFORCEMENT OF ADJUDICATOR’S DECISION

Among the limited grounds available for setting aside and/or refusing to enforce an adjudication determination, the (arguably) rarest ground to be invoked is fraud. The recent England and Wales Court of Appeal decision of PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (“PBS Energo v Bester”) is one of the rare cases where an appellate court had occasion to consider the issue of how allegations of fraud would affect the enforcement of an adjudicator’s decision.

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Crystl Hsu
OFFERS TO SETTLE AND COSTS
OFFERS TO SETTLE AND COSTS

In the recent decision of Goh Kok Liang v GYP Properties Ltd and another [2020] SGHC 53 (“GKL v GYP”), the Singapore High Court made several important observations regarding Offers to Settle under O 22A of the Rules of Court (the “ROC”) and the issue of costs in a case where an Offer to Settle is made.

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Crystl Hsu