ISSUES IN A SETTING ASIDE APPLICATION

In this brief blog, we take a quick look at some of the issues arising in the recent Singapore International Commercial Court (“SICC”) decision of The Government of the Lao People’s Democratic Republic & 2 Ors v Sanum Investments Limited & Anor [2022] SGHC(I) 9 (“GOL v Sanum”)

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Xian Ying Tan
WHEN COURT PROCEEDINGS ARE NOT STAYED IN FAVOUR OF ARBITRATION UNDER THE ARBITRATION ACT

Under the domestic arbitration regime established by the Arbitration Act (Cap. 10, 2002 Rev. Ed.) (the “AA”), the court has a discretion to refuse to stay court proceedings in favour of arbitration. And in CSY v CSZ [2022] SGCA 43, the Court of Appeal reversed the first instance decision and found that there was sufficient reason not to stay the court proceeding and refer the matter to arbitration.

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Xian Ying Tan
NO GENERAL RIGHT TO SUSPEND WORK FOR NON-PAYMENT

In the recent decision of LBE Engineering Pte Ltd v Double S Construction Pte Ltd [2022] SGHC 92, the Court re-iterated that in general, a contractor does not have the right to suspend work for non-payment unless this has been expressly provided for in the parties’ contract.

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Xian Ying Tan
EXCLUSION CLAUSES AND WASTED EXPENDITURE

In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440, the England and Wales Court of Appeal (Civil Division) dealt with whether an exclusion clause excluded liability for wasted expenditure arising out of wrongful repudiation in addition to excluding liability for loss of profit/savings/revenue.

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Xian Ying Tan
INTERIM JUDICIAL MANAGERS AND DIRECTORS’ RESIDUAL POWERS

In Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP and another appeal [2022] SGCA 28, the Court of Appeal upheld the Judge’s decision to strike out the Injunction Applications brought by the directors in the Companies’ names as they had no authority nor the sanction to challenge the interim judicial managers’ appointment of solicitors.

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Xian Ying Tan