LIQUIDATED DAMAGES PROVISIONS AND CERTAINTY

In Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd [2022] EWHC 1842 (TCC), the England and Wales Technology and Construction Court considered, among others, an application for a declaration that certain liquidated damages provision are void and unenforceable.

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Xian Ying Tan
“PREVAILING MARKET RATE TO BE MUTUALLY AGREED UPON”

In Radha Properties Pte. Ltd. v Lim Poh Suan & 2 Ors. [2022] SGHC 139, the General Division of the High Court held that the option clause in a tenancy agreement to renew the lease of a property was not enforceable as the parties had failed to mutually agree on the “prevailing market rate” for the monthly rent for the purpose of renewing the lease.

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Xian Ying Tan
TEMPORARY FINALITY OF ADJUDICATION DECISIONS FOR FINAL ACCOUNT

In Essential Living (Greenwich) Limited v Elements (Europe) Limited [2022] EWHC 1400 (TCC), the England and Wales Technology and Construction Court (“TCC”) had the opportunity to determine whether, and if so, to what extent, an adjudication decision between the parties was binding on them for the purpose of the ongoing final account process under the contract and any further adjudication. While this is an English decision, it poses some interesting questions for consideration in relation to adjudication under the Building and Construction Industry Security of Payment Act 2004.

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Xian Ying Tan
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