In Triple Point Technology, Inc (Respondent) v PTT Public Company Ltd (Appellant) [2021] UKSC 29, the Supreme Court unanimously allowed the appeal on the issue of entitlement to liquidated damages, holding that on the construction of the liquidated damages clause, although work was not completed, the clause applied so that rights to liquidated damages accrued prior to termination were not lost.
Read MoreIn CIZ v CJA [2021] SGHC 178, the High Court set aside the arbitral award relating to the X Opportunity as the Tribunal had exceeded its jurisdiction by deciding on a ground that was not set out in the pleadings or submissions.
Read MoreIn Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC) (“Beattie v Canham”), the court awarded indemnity costs. It is useful as an illustration of the various factors that courts will take into consideration when determining whether indemnity costs should (or should not) be awarded.
Read MoreIn Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd [2021] SGCA 61 (“Diamond Glass”), the Court of Appeal made clear that while an adjudication debtor cannot dispute the adjudication determination as a ground for staying or setting aside a winding up petition founded upon that very adjudication determination, it is nonetheless open to such an adjudication debtor to stay or set aside the winding up petition by showing, on a prima facie standard, the existence of a justificiable cross-claim that is likely to equal or exceed the claim.
Read MoreIn AXA Insurance Pte Ltd v Chiu Teng Construction Co Pte Ltd [2021] SGCA 62, the Court of Appeal made clear that while it is open to the issuer to define its risk appetite by the terms of the performance bonds, the court cannot rewrite the bargain between the parties.
Read MoreIn National Oilwell Varco Norway AS (formerly known as Hydralift AS) v Keppel FELS Ltd (formerly known as Far East Levingston Shipbuilding Ltd) [2021] SGHC 124, the High Court set aside leave which the plaintiff had obtained to enforce an award issued in favour of “another legal person”. In reaching its decision, the High Court considered that the proper approach to enforcement of an arbitral award under the statute was a pure mechanical one.
Read MoreIn the recent Court of Appeal decision of Sun Electric Power Pte Ltd v RCMA Asia Pte Ltd (formerly known as Tong Teik Pte Lte) [2021] SGCA 60 (“Sun Electric”), the Court of Appeal clarified certain issues relating to s. 254(2)(c) of the Companies Act.
Read MoreIn Ong Dan Tze Magdalene v Chee Yoh Chuang and another [2021] SGHC 129, the High Court dismissed the application to ratify the dispositions under Section 77 of the Bankruptcy Act (Cap 20, 2009 Rev Ed), given that there was lack of good faith by the applicant and the dispositions would not benefit the general body of creditors.
Read MoreIn Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC) (“Dana”), an application to exclude expert witness evidence in the middle of a trial was made successfully.
Read MoreIn Republic of India v Vedanta Resources plc [2021] SGCA 50, the appellant had put a question of law to a tribunal in an investment treaty arbitration, and after receiving an answer which it did not like, put the same question before a Singapore court (as the court of the seat) by way of an application for declaratory relief. The Court of Appeal agreed with the High Court’s ultimate decision in not granting the declaratory relief, but on different grounds and reasoning.
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