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Articles by Daniel Waldek
Experts' joint statements in arbitration: A closer look at the SCL Singapore's new protocol
A helpful framework for the use of experts' joint statements and a welcome step to standardising a critical aspect of international construction arbitration Expert evidence plays a central role in international construction arbitration. This is...
Procedural Failures Fatal To Variation Claims Under FIDIC Yellow Book: Uniform Building Contractors V Water And Sewerage Authority Of Trinidad & Tobago
Herbert Smith Freehills Kramer LLP are most popular: within Transport, Media, Telecoms, IT, Entertainment and Employment and HR topic(s) with Inhouse Counsel in United Kingdom In Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2, the Privy Council has allowed the employer's appeal and dismissed the contractor's claims for additional payment arising from four alleged "variations" on a water pipeline project governed by the FIDIC Yellow...
This Is (Not) An Intervention: Singapore Court Refuses To Review SIAC Procedural Decision
Daniel Waldek’s articles from Herbert Smith Freehills Kramer LLP are most popular: with Senior Company Executives, HR and Finance and Tax Executives in Asia in Asia in Asia in Asia The Singapore Court of Appeal has confirmed in DMZ v DNA [2025] SGCA 52 that it cannot review the procedural decisions of arbitral institutions.
Legal Terms Explained: Decennial Liability
Herbert Smith Freehills Kramer LLP are most popular: within Real Estate and Construction, Coronavirus (COVID-19) and Environment topic(s) in United States Decennial liability is a statutory liability which typically allows building owners to recover damages for structural failures that threaten the stability and safety of a structure. It is a regime found in certain civil law jurisdictions, such as the UAE, France and Indonesia. There is no direct parallel under common law jurisdictions.
Trade tariffs – The supply chain and joint venture disputes risks explained | Herbert Smith Freehills Kramer | Global law firm
The full impact of these tariffs is yet to be felt but, with the global economic outlook worsening, the OECD has once again urged governments around the world to co-operate on making trade policy more predictable as labour markets soften and inflation pressures increase. While disputes typically lag behind economic shocks, businesses are already reviewing their contracts and commercial partnerships, which is often an early indicator of arbitration filings and court cases to follow.
Damage, Defects And Delay - The Interplay Between Insurance And Construction Claims
Alexander Oddy’s articles from Herbert Smith Freehills Kramer LLP are most popular: with Finance and Tax Executives in European Union in European Union in European Union with readers working within the Insurance industries When disputes arise in the context of a construction project (which they commonly do) and the principal seeks recourse for damage and delays, a complex interplay can arise between claims between principal and contractor, and claims with insurers.
Singapore Considers Amending The Set-aside Regime In Its International Arbitration Statute
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
Nailing down defects: Recovery of the cost of cure even if no repairs will be done | Herbert Smith Freehills | Global law firm
Defects are a common issue in construction projects. This is increasingly so in the energy sector where rapid technological advancements have made defects more complex and costly to fix, and defect rectification needs to be considered and planned for alongside operational requirements. It is therefore not always the case that a project owner will look to repair a defect immediately or at all. This raises the question: What measure of damages should be awarded?
Nailing down defects: Recovery of the cost of cure even if no repairs will be done
Defects are a common issue in construction projects. This is increasingly so in the energy sector where rapid technological advancements have made defects more complex and costly to fix, and defect rectification needs to be considered and planned for alongside operational requirements. It is therefore not always the case that a project owner will look to repair a defect immediately or at all. This raises the question: What measure of damages should be awarded?
Documents-only arbitrations: Lessons from Singapore
Depending on the circumstances, construction disputes can be decided based on documents alone without oral hearings. Whilst they can enable a quicker and cost-effective outcome, a recent Singapore case shows that documents-only arbitrations can also give rise to due process considerations which need to be carefully navigated.
Documents-only arbitrations: Lessons from Singapore
Depending on the circumstances, construction disputes can be decided based on documents alone without oral hearings. Whilst they can enable a quicker and cost-effective outcome, a recent Singapore case shows that documents-only arbitrations can also give rise to due process considerations which need to be carefully navigated.
Will it float? Meet the future of Asian wind power
The Asia-Pacific region has some of the deepest waters on earth – if you inverted Mount Everest and placed it in the Mariana Trench, it still wouldn't reach the bottom. In short, for South Korea, Taiwan and Japan, the already onerous task of anchoring a turbine on the seabed is even harder. This hurdle can be overcome through floating offshore wind, where conventional turbines are housed on floating platforms in deep-sea areas.
Shining a light on solar power disputes
Completion delays are a common source of disputes for power projects; however, solar power projects can present important nuances: They sometimes adopt procurement methods less common on other types of power projects and may not be constructed on a ‘single point EPC’ basis. If the project owner takes on the responsibility of delivering part of the facility, this can lead to significant interface risks and affect the evidence required to show that the contractor delayed completion.
Project Delivery And Construction Arbitration – A Playbook For Infrastructure PE Funds - Construction & Planning - Worldwide
With greater private equity participation in infrastructure projects, a clear approach to construction contracts and project governance is essential. “The global economy is on the cusp of an infrastructure revolution.” Larry Fink, CEO, BlackRock (The Economist, Why BlackRock is betting billions on infrastructure) The last decade has seen a global surge in private equity (PE) investment in infrastructure assets.
Project delivery and construction arbitration - A playbook for infrastructure PE funds
With greater private equity participation in infrastructure projects, a clear approach to construction contracts and project governance is essential. “The global economy is on the cusp of an infrastructure revolution.” Larry Fink, CEO, BlackRock (The Economist, Why BlackRock is betting billions on infrastructure) The last decade has seen a global surge in private equity (PE) investment in infrastructure assets.
Singapore Court Recognises Indonesian PKPU Proceedings For The First Time
In a move that facilitates the seamless integration of cross-border insolvency proceedings between Singapore and Indonesia, Singapore's International Commercial Court has for the first time granted recognition of Indonesian PKPU proceedings in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) 1. Given the regional proximity between Singapore and Indonesia, there are a multitude of businesses and sectors that operate in both jurisdictions.
Singapore Court recognises Indonesian PKPU proceedings for the first time
In a move that facilitates the seamless integration of cross-border insolvency proceedings between Singapore and Indonesia, Singapore’s International Commercial Court has for the first time granted recognition of Indonesian PKPU proceedings in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) 1. Given the regional proximity between Singapore and Indonesia, there are a multitude of businesses and sectors that operate in both jurisdictions.
Restraining Bond Calls: Singapore Court Shows Reluctance
Under Singapore law, contractors can seek to restrain calls on on-demand bonds based on "unconscionability". This is where the call is said to be made in bad faith or involves abusive, unfair or dishonest conduct. Unconscionability is a broader and less stringent standard than the traditional ground of fraud which is applied under English law.
Restraining bond calls: Singapore Court shows reluctance
Under Singapore law, contractors can seek to restrain calls on on-demand bonds based on “unconscionability”. This is where the call is said to be made in bad faith or involves abusive, unfair or dishonest conduct. Unconscionability is a broader and less stringent standard than the traditional ground of fraud which is applied under English law.
Transnational Issue Estoppel
A rare five-judge bench of the Court of Appeal in The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has confirmed that transnational issue estoppel applies in international commercial arbitration, preventing the parties to a prior decision of the seat court on jurisdiction from re-litigating points previously raised and determined.
Recent Regional Developments In South East Asia
The last 20 years have witnessed Singapore's meteoric rise to become one of the most popular arbitral seats globally. As the results of our recent survey on enforcement of arbitral awards in ASEAN states demonstrate (see page 7), Singapore also leads the pack for effective and efficient enforcement of arbitration awards in the ASEAN region by some distance. Lesser developed markets such as Myanmar and Laos fall at the other end of the spectrum.
Inside Arbitration: Bond Calls In Emergency Arbitrations – What You Need To Know - Arbitration & Dispute Resolution - Worldwide
With the construction industry facing continued uncertainty, we explore how contractors can navigate emergency proceedings to retrain bond calls. Contractors on complex projects are often required to provide on-demand bonds, usually from banks, as security for their contractual obligations including timely completion and performance.
Arbitral Deliberations Stay Secret Despite Allegations Tantamount To Tribunal Dishonesty
The Singapore International Commercial Court has refused to order disclosure of the deliberations of a three-member tribunal in a Singapore-seated ICC arbitration, despite the dissenting arbitrator's "serious allegations tantamount to accusing the Majority of dishonesty". This case shows that there is a high bar to obtain disclosure of a tribunal's deliberations, even if one of the arbitrators alleges serious procedural misconduct.
Arbitral deliberations stay secret despite allegations tantamount to tribunal dishonesty
The Singapore International Commercial Court has refused to order disclosure of the deliberations of a three-member tribunal in a Singapore-seated ICC arbitration, despite the dissenting arbitrator’s “serious allegations tantamount to accusing the Majority of dishonesty“. This case shows that there is a high bar to obtain disclosure of a tribunal’s deliberations, even if one of the arbitrators alleges serious procedural misconduct.
Over-Sharing On Social Media Leads To Loss Of Arbitral Confidentiality In Singapore
The Singapore Court of Appeal has refused confidentiality orders in relation to arbitration enforcement proceedings because the confidentiality of the underlying arbitration had already been lost.
Over-sharing on social media Leads to loss of arbitral confidentiality in Singapore
The Singapore Court of Appeal has refused confidentiality orders in relation to arbitration enforcement proceedings because the confidentiality of the underlying arbitration had already been lost.
Private equity firm prevails over Indian promotor’s guerrilla tactics, making new law on the arbitrability of disputes in Singapore
In an ugly corporate divorce related to an online matrimonial website, the Singapore Court of Appeal decided that the arbitrability of a dispute will be determined at the pre-award stage by reference first to the law governing the arbitration agreement (Anupam Mittal v Westbridge Ventures II Investment Holdings [2022] SGCA, available here). Claiming that a dispute is non-arbitrable is a classic “guerrilla tactic” deployed by parties seeking to avoid arbitration.
Singapore Court Of Appeal Partially Sets Aside ICC Award Over Its
In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel plant in Malaysia. In its award, the Tribunal had adopted a “flexible approach” to damages and awarded damages for misrepresentation against the contractors of around RM 176m (around €39m), which was about 25% of the amount actually claimed, even though the Tribunal found that the evidence of the loss was deficient.
Getting Paid: A New Bill To Streamline Construction Disputes In Thailand - Construction & Planning - Thailand
Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in Construction Contracts”. The bill is inspired by security of payment legislation in Malaysia and Singapore.
Singapore Court Of Appeal Confirms That The Parties' Intention To Arbitrate Should Not Be Given Effect "At All Costs"
To print this article, all you need is to be registered or login on Mondaq.com. Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration agreement would, according to BNA, be invalid under PRC law.
Singapore Court of Appeal confirms that the parties’ intention to Arbitrate should not be given effect “at all costs” | Lexology
Singapore
January 17 2020 Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration agreement would, according to BNA, be invalid under PRC law.
Regulation of litigation funding in Singapore | Lexology
Singapore
August 8 2019 Regulation Overview Is third-party litigation funding permitted? Is it commonly used? Third-party funding is now permitted in Singapore in the context of international arbitration proceedings and related court and mediation proceedings, including proceedings for, or in connection with, the enforcement of arbitration awards.
Recognition of foreign judgments: proposed amendments in Singapore | Lexology
As the number of cross-border disputes increase, it is becoming more common for parties to wish to enforce a court judgment issued in one jurisdiction in another jurisdiction. In April 2019, Singapore’s Ministry of Law issued a public consultation paper on proposed amendments to Singapore’s regime for recognising and enforcing foreign judgments.
Litigation Funding in Singapore | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Regulation Overview Is third-party litigation funding permitted? Is it commonly used? Third-party funding is now permitted in Singapore in the context of international arbitration proceedings and related court and mediation proceedings, including proceedings for, or in connection with, the enforcement of arbitration awards.
The role of mediation in the resolution of belt and road disputes
China’s Belt and Road Initiative (BRI) has gained huge momentum of late, with governments, companies and lawyers keen to maximise the many opportunities it presents. The resolution of disputes arising from the BRI is no exception. The sheer complexity and scale of BRI projects is prompting a welcome review of dispute resolution processes, with a view to resolving BRI disputes more quickly and amicably, ideally in a confidential and enforcement-friendly environment.
Singapore High Court holds mandatory arbitration agreement in company constitution operative despite earlier litigation
The Singapore High Court ("Singapore Court") has clarified a number of issues concerning the content, scope and operability of arbitration agreements. Of particular note is the Singapore Court's view on the extent to which a party's choice to subject a dispute, which may otherwise be the subject of an arbitration agreement, to litigation may act as a bar to that party subsequently choosing to refer the dispute to arbitration as a result of the doctrines of waiver or promissory estoppel.
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