NEC4 AND Y(SG) CLAUSES

Recently, the BCA announced the launch of NEC4 contract for construction and engineering projects in Singapore, together with the NEC4 Y(SG) Clauses. In this short blog, we take a quick look at the Y(SG) Clauses.

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Xian Ying Tan
STAY IN FAVOUR OF ARBITRATION FOR CALL ON PERFORMANCE BOND

Performance bonds are commonly given in the construction industry in Singapore. So, what happens if a performance bond provides for disputes to be heard in court, the underlying main contract provides for disputes to be heard in arbitration, and a party applies to court to restrain the call on the performance bond? This issue arose in the case of Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd & Anor [2024] SGHC 137.

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Xian Ying Tan
CONDITIONAL FINAL AWARD

The Court of Appeal in Voltas Limited v York International Pte Ltd [2024] SGCA 12 dealt with whether a conditional arbitral award can be a final award, as well as whether an arbitral tribunal may impliedly reserve jurisdiction to issue a further award after the final award.

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Xian Ying Tan
ENFORCEABILITY OF RESTRAINT OF TRADE CLAUSES (2)

This week’s blog covers MoneySmart Singapore Pte Ltd v Artem Musienko [2024] SGHC 94, a High Court (the “Court”) case on the enforceability of non-compete clauses. This case endorses the principles in the recent case of Shopee Singapore Private Limited v Lim Teck Yong [2024] SGHC 29 and also clarifies other aspects of the law for restraint of trade clauses.

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Xian Ying Tan