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Articles by Matthew Secomb
Positioning for the future: ICSID to open Singapore office | JD Supra
ICSID to set up a new office in Singapore On 25 August 2025, the Singapore Ministry of Law (MinLaw) and the International Centre for Settlement of Investment Disputes (ICSID) signed a Letter of Intent to formalise ICSID’s establishment of an office in Singapore.
Two courts confirm the logical limits of the validation principle | JD Supra
November 13, 2023 To embed, copy and paste the code into your website or blog: Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold the validity of an arbitration agreement.
Singapore upholds the confidential nature of a Tribunal’s deliberations | JD Supra
July 10, 2023 To embed, copy and paste the code into your website or blog: It is well accepted that an arbitral tribunal's deliberations are confidential. But is this principle absolute? More specifically, will a tribunal be ordered to disclose its deliberations if an arbitrator claims that his or her fellow arbitrators had engaged in serious procedural misconduct, attempted to conceal the true ratio decidendi or lacked impartiality?
BRI-Related Disputes: Broader Access to Interim Relief and Enforcement in Mainland China | JD Supra
In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China International Commercial Court (the "CICC"), which is capable of facilitating dispute resolution through litigation, mediation and arbitration. The CICC is thus thought of as a "multi-door courthouse,"1 offering an array of services for dispute resolution.
BRI-Related Disputes: Broader Access to Interim Relief and Enforcement in Mainland China
In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China International Commercial Court (the "CICC"), which is capable of facilitating dispute resolution through litigation, mediation and arbitration. The CICC is thus thought of as a "multi-door courthouse," offering an array of services for dispute resolution.
Determining arbitrability of disputes in Singapore: the “composite” approach | JD Supra
Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering both the law governing the arbitration agreement and the law of the seat. Background: Arbitrability and public policy Arbitrability concerns whether a dispute can be resolved by arbitration.
A rose by any other name: enforcing an arbitral award in favour of a non-existent party | JD Supra
Following a 12-year arbitration and two years of enforcement proceedings, the highest court in Singapore has allowed a non-party to enforce an award made in favour of a company that had dissolved. The Court of Appeal held that, where the party's name was incorrect, the court could allow an award to be enforced by and against a party that was not expressly named in the award.
Managing construction risks in Asia-Pacific: Vietnam | JD Supra
Changes in the construction law and favorable government policy continue to spur Vietnam's construction industry. Vietnam is the third-largest country in Southeast Asia. Due to favorable government policy and an abundance of natural resources, it is increasingly attractive to both domestic and foreign investors. Vietnam is strategically located in the heart of the Asia-Pacific region and is committed to global trade integration and trade liberalization.
Managing construction risks in Asia-Pacific: Singapore | JD Supra
With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With its excellent location, it is a hub for resolving many construction disputes across the Asia-Pacific region. This has allowed Singapore to develop a significant and coherent body of case law on construction disputes.
Managing construction risks in Asia-Pacific: Malaysia | JD Supra
With its strategic location and significant natural resources, Malaysia is an internationally recognized investment-friendly jurisdiction with a significant construction industry. Malaysian law offers procedural safeguards and mechanisms for dispute resolution to facilitate, for example, regular and timely payment under construction contracts. Its strategic location in the heart of Southeast Asia, coupled with its significant natural resources, makes Malaysia an attractive business environment.
Managing construction risks in Asia-Pacific: Indonesia | JD Supra
The construction industry in Indonesia has long been considered the backbone of the country's economic and social development, and regulations are being continuously amended to ease complexity and expedite processes for businesses and foreign investors. Indonesia represents approximately 40 percent of the ASEAN economy and population, and investors are particularly attracted to its strong economic growth and resilience.
Singapore goes its own way on ‘no oral modification’ clauses | JD Supra
Since the Rock Advertising decision of the UK Supreme Court in 2018, 'no oral modification' clauses have generally been strictly enforced. However, in Lim v Hong, the Singapore Court of Appeal has set a more flexible test for enforcement of such clauses. Where a party can prove that the parties agreed orally to modify the terms of their agreement, that modification may be enforceable despite a 'no oral modification' clause.
Old is the new “new” – the rule against penalties in Singapore | JD Supra
Liquidated damages clauses are often attacked in common law jurisdictions for being unenforceable "penalties". The test for what constitutes a "penalty" has been reviewed in common law jurisdictions over recent years. Last month, the Singapore Court of Appeal gave welcome clarity to the penalty test in that country. Background: The rule against penalties A contractual breach can create a host of issues, not only over liability, but also the consequences arising out of it.
Employer’s right to damages during defects notification period | JD Supra
In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects notification period. Construction contracts typically give the contractor the right to correct defects during an agreed defects notification period after practical completion of the works.
Liquidated damages and penalties in Singapore | JD Supra
Liquidated damages provisions in contracts are unenforceable if they constitute a "penalty". The past few years have seen subtle but important shifts in how the concept of a penalty is defined. A recent decision from the Singapore Court of Appeal gives insight into the approach taken in that country. Background Leiman v Noble Resources Ltd [2020] SGCA 52 (28 May 2020) concerned the terms on which a senior executive (Mr Leiman) left his former employer (Noble).
COVID-19 and force majeure under LNG sale and purchase agreements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
LNG in transition: Navigating an evolving market - Are the changes reshaping the market structural or short-term? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Security of payment: claiming a sum that “may” be due? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New JCAA arbitration rules effective 1 January 2019 | JD Supra
The Japan Commercial Arbitration Association's new rules have some novel features. They include an entirely new set of 'Interactive Arbitration Rules', requiring tribunals to give views on the dispute midway through the arbitration. Introduction The Japan Commercial Arbitration Association (JCAA) has amended its Commercial Arbitration Rules, and its Administrative Rules for UNCITRAL Arbitration. It has also introduced a new, separate set of rules for 'interactive arbitrations'.
EU and Singapore conclude Free Trade Agreement: An altered regime for investment disputes | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Singapore court refuses to adjourn enforcement pending award set-aside application at seat | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
For your (attorney’s) eyes only: Singapore court considers protective disclosure orders (and more) | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Update: No cross-contract set-off between construction contracts in adjudication | JD Supra
Singapore's highest court has found that set-off between different construction contracts is not possible in adjudication. Adjudication aims to ensure prompt and efficient payment for contractors. The court concluded that the process should not be delayed by 'cross-construction contract claims'. For an overview of Singapore's Building and Construction Industry Security of Payment Act ('SOP Act') and its claims process, please see our earlier Client Alert on the High Court's decision in this case.
'Unknown unknowns' and the limits of natural justice challenges in adjudication | JD Supra
The Singapore High Court has set aside a construction adjudicator's determination for breaching the rules of natural justice. The adjudicator applied the wrong standard of proof without hearing submissions on the issue. This unusual case demonstrates the limits of natural justice challenges in the adjudication context. Adjudication aims to provide contractors with a fast and low-cost route to payment.
Separate Requests essential in multi-contract LCIA arbitrations | JD Supra
A recent English High Court decision is a cautionary tale for claimants under the 2014 LCIA Rules. The Court held that a Request for Arbitration is invalid if it relates to more than one arbitration agreement. Claimants must file a separate Request for each arbitration agreement. The decision also considers when jurisdictional objections must be raised. It concludes that an objection will be valid even if raised only in a Statement of Defence.
Singapore Court confirms limited scope for adjudication set aside
In Mataban Development Pte Ltd v Black Knight Warrior Pte Ltd, a respondent-owner failed to serve a valid payment response under the Building and Construction Industry Security of Payment Act ('SOP Act'). The adjudicator thus disregarded the respondent's arguments. The Singapore High Court refused to set aside the adjudicator's decision. The decision confirms there is little leeway for respondents who fail to prepare a fully compliant and fully reasoned SOP Act payment response.
No cross-contract set-off under Security of Payment Act
In Hua Rong Engineering Pte Ltd v Civil Tech Pte Ltd, the Singapore High Court considered whether counterclaims and set-offs arising outside the context of the contract in dispute can operate as a defence in adjudication under the Building and Construction Industry Security of Payment Act ('SOP Act'). The answer was 'No'. Singapore's SOP Act applies to construction and supply contracts entered on or after 1 April 2005.
Third-party funding regulation impeding Asian legal market, Editorial - THE BUSINESS TIMES
THIRD-PARTY funding - which offers an alternative way to fund a legal claim - has traditionally been met with suspicion and scepticism. Third-party funding allows a commercial fund with no prior connection to the case (the "third party") to finance the cost of legal proceedings, whether in
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