SEPARABILITY IN ARBITRATION – NEWCASTLE EXPRESS

In this week’s blog, we look at the recent England and Wales Court of Appeal decision of DGL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Re “Newcastle Express”) [2022] EWCA Civ 1555 (“Newcastle Express”), and specifically, on how Males LJ addressed the principle of separability.

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Xian Ying Tan
DEFAMATION - A SHORT REFRESHER

In Continental Steel Pte Ltd v Nippon Steel & Sumitomo Metal Southeast Asia Pte Ltd and another [2022] SGHC 292, Dedar Singh Gill J was faced with a dispute between two trade rivals in the steel and construction industry in an action for defamation. We take a look at some of the key points raised.

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Xian Ying Tan
BMSMA AND AN SP’S REQUEST TO EFFECT IMPROVEMENTS

In Prem N Shamdasani v Management Corporation Strata Title Plan No 0920 (“Prem v MCST920”), Goh Yihan JC considered the interaction between s. 37(3), 37(4), 88(1) and 111 of the Building Maintenance and Strata Management Act 2004 (“BMSMA”), which (in gist) deals with a management corporation’s power to authorize a subsidiary proprietor’s request to effect improvements to his / her lot and remedial provisions.

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Xian Ying Tan
IS AN ADJUDICATOR'S FINDING THAT A PAYMENT CLAIM WAS VALIDLY SERVED A DETERMINATION ON THE MERITS?

In Emergent Engineering Pte Ltd v China Construction Realty Co Pte Ltd [2022] SGHC 276, Justice Tan Siong Thye dismissed the Respondent’s application to set aside the Adjudication Determination and the consequent Order of Court which enforced the Adjudication Determination. Among others, Tan J held that the Adjudicator’s finding that the payment claim in question was validly served was a determination on the merits which the Court was not entitled to review.

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Xian Ying Tan
BACK-TO-BACK AND REPUDIATION BY PROLONGED NON-PAYMENT

In DSL Integrated Solution Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221 (“DSL v Triumph”), the High Court addressed “back-to-back” contracts and found that a sub-sub-contractor was justified in stopping works as the sub-contractor had committed a repudiatory breach by failing to make payment.

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Xian Ying Tan
NOMINAL DAMAGES FOR BREACH OF CONTRACT

The case of Youprint Productions Pte Ltd v Mak Sook Ling [2022] SGHC 212 concerns an appeal on a simple point of law: when a breach of contract is proven, but not its loss or damage, should the claim be dismissed, or should it be allowed with nominal damages awarded?

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Xian Ying Tan