In two separate decisions, the High Court provides a new sentencing framework that imposes heftier punishments for failing to ensure the safety of employees at work and provides clarification as to whether settlement payments may be taken into consideration when determining the amount of compensation payable by an employer for workplace injury. In brief The General Division of the High Court (SGHC) in two recent decisions in Public Prosecutor v Manta Equipment (S) Pte Ltd [2022] SGHC…
In brief Best efforts clauses are a common feature in an array of commercial contracts, spanning across different industries and jurisdictions. These clauses typically require one or both party/parties to engage its/their best efforts to bring a certain stipulated outcome to fruition. Often, such clauses are regarded as preferable to clauses that guarantee a certain outcome, since it is not uncommon in commercial contracts for a desired outcome to be dependent on acts to be…
Written records are of primary importance in construction projects. Not only do they obviate disputes as to alleged happenings, but they also help focus the parties’ attention on any potential adjustment of the contract sum. In Vim Engineering Pte Ltd. v. Deluge Fire Protection (SEA) Pte Ltd. [2021] SGHC 63, the General Division of the Singapore High Court (SGHC) held that a contractor is not entitled to claim for variation works that were carried out pursuant to…
In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2021] SGCA 34, the Singapore Court of Appeal (SGCA) considered, for the first time, whether an employer has the right to set off its claim for liquidated damages against a contractor’s payment claim in an adjudication under the Building and Construction Industry Security of Payment Act (SOPA). The contractor’s payment claim was submitted on 2 December 2019, and the applicable statute was the pre-amendment Building and Construction…
Our Singapore office has released its Dispute Resolution annual video series, where our speakers recap the highlights and developments in 2020. Please see full topic list and as well as the speakers for each and the link to all episodes: Episode 1: Restructuring and Insolvency by Emmanuel Chua. Access video here. Episode 2: Compliance by Celeste Ang. Access video here. Episode 3: Commercial Litigation by Kumar Ponniya: Access video here. Episode 4: Construction by Daniel…
Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…
In the recent Court of Appeal decision in Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50, the Court of Appeal dismissed an appeal against the grant of a Mareva injunction in support of foreign court proceedings. Background The second respondent, CMED Technologies (“CMED”) was the wholly owned subsidiary of the…
On October 3, 2019, the Reciprocal Enforcement of Foreign Judgments (Amendment) Act (“Act”) came into force. It consolidates and expands Singapore’s regime for statutory recognition and enforcement of foreign judgments by repealing the Reciprocal Enforcement of Commonwealth Judgments Act and amending the Reciprocal Enforcement of Foreign Judgments Act. The Act enables a broader range of judgments to be enforced in Singapore. Previously, the scope of judgments receiving recognition and enforcement was limited to final money…