Tag Archives: case law

SLW Commentary: Contractual Time Limit to commence Arbitration constitutes Time Bar on Claim itself

Our post exploring the English legal position on how contractual time limits to commence arbitration constitutes a time bar on the claim itself has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The … Continue reading

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The Interpretation of Force Majeure Clauses and Frustration in Singapore

In the recent case of Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd, [2013] SGHC 127, the Singapore High Court examined the issues of frustration and the interpretation of force majeure clauses in relation to the so-called … Continue reading

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The End of Doctrine of Patent Illegality for Foreign Awards in India?

In a remarkable recent decision, the Supreme Court of India in Shri Lal Mahal Ltd v Progetto Grano SpA, Civil Appeal No. 5085 of 2013, has bolstered its pro-arbitration and pro-enforcement credentials. The court definitively held that the doctrine of … Continue reading

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Contractual time limit to commence arbitration is a time bar to claim itself

In Wholecrop Marketing Ltd v Wolds Produce Ltd, [2013] EWHC 2079 (Ch), a relatively short decision of 33 paragraphs, the English Court allowed an appeal and held that a contractual time limit for commencing arbitration operated as an absolute time bar … Continue reading

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Can a claim on dishonoured cheque(s) avoid a stay for arbitration?

In the recent case of Piallo GmbH v Yafriro International Pte Ltd, [2013] SGHCR 20, a stay of proceedings was sought by the defendant, Yafriro, on the basis of an arbitration clause in a Distributorship Agreement between the parties. The … Continue reading

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Does illegality sweep away the arbitration clause?

What is the effect of illegality of a contract on an arbitration clause within that same contract? To the extent that the contract is unenforceable, does this also render the arbitration clause invalid? The answer to this query has substantial … Continue reading

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Singapore Law Gazette: Legal Advice Privilege

We are pleased to announced that our case update on the UK Supreme Court decision that accountants are not entitled to assert legal advice privilege, has been picked up and published by the Singapore Law Gazette. The Singapore Law Gazette … Continue reading

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English Court has power to issue an anti-suit injunction in support of non-existent arbitration

In a unanimous decision, the UK Supreme Court held in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 that the English courts have the power to issue anti-suit injunctions in support of arbitration agreements where … Continue reading

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Privity and Arbitration Agreements

A person who is not a party to a contract may not enforce or be bound by any term of the contract. This is known as the doctrine of privity. However, in both the UK and in Singapore, the Contracts … Continue reading

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Security for Costs and Payments into Court for Challenge of English Award

It seems almost ridiculous to think of winning an arbitration as only half the battle won. The reality, however, is that a victorious party may still need to enforce its award. A losing party may deliberately refuse on pay on … Continue reading

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