Reading Time: 5 minutesThis article is co-written by Ms. Danna Er and Ms. Nur Liyana Kamaludin. I. Introduction In Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36 (“Far East Square”), the Court of Appeal held that a payment claim submitted after the issuance of the architect’s Final Certificate would be invalid regardless […]
Reading Time: 4 minutesWhat are indemnity provisions? Indemnity provisions, also known as “indemnities” or “indemnity clauses”, are commonly included in contracts to allocate risk between contracting parties. If properly included, the indemnifying party (the “indemnifier”) will be obliged to compensate the indemnified party for losses which may occur as a result of a specified event, sometimes referred to […]
Reading Time: 8 minutesI. Introduction In any business, careful risk management is crucial to protecting your profits. One major and often overlooked risk is litigation risk, especially overseas litigation risk. This article will address the litigation risk that a Singaporean company may face when doing business with a foreign counterparty that fails to uphold its contractual obligations. II. […]
Reading Time: 5 minutesCyber fraud and the hacking of email accounts is an increasingly common occurrence nowadays. The shipping and international trade industries, where large sums of money are regularly remitted, has become an increasingly attractive target for cyber fraudsters. The question that arises where there is cyber fraud and monies are intercepted while in transit between payor […]
Reading Time: 9 minutesBeing a lawyer may seem glamorous and prestigious, but the life of a lawyer is not all sunshine and rainbows. In this article, Michael Loh, a partner at Clifford Law, shares with us the little known truths and pains of being a lawyer. Michael has been in practice since 1992. Although he primarily handles family […]
Reading Time: 4 minutesThe UK Supreme Court (“UKSC”) in Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, recently upheld the decisions of the Court of Appeal (“CA”) and High Court (“HC”) in finding that a bank had breached its Quincecare duty of care owed to a company who was the bank’s […]
Reading Time: 5 minutesViviene is an experienced advocate of more than 21 years who has represented clients in all areas of civil litigation, with a primary focus on insurance and family law. Viviene has handled a broad spectrum of cases ranging from simple cases to complex and contentious matters at all levels of the Singapore Court hierarchy. From […]
Reading Time: 5 minutesIs Arbitration changing the game of dispute resolution? In this interview, Syazana Yahya, a newly promoted partner at Eugene Thuraisingam LLP, shared with us the unique features of arbitration and her views on the pro bono work and the future legal landscape. Syazana is a commercial and criminal disputes lawyer with experience in shipping and […]
Reading Time: 6 minutesIntroduction In our August employment newsletter, we discussed the UK case QBE Management Services (UK) Ltd v Dymoke & Others [2012] IRLR 458, where the employer successfully obtained, among other things, a 12-month springboard injunction against its former employees and their financial backer from starting a new competing business venture. Springboard injunction is a short term injunction […]
Reading Time: 7 minutes1. Background In civil litigation, party-and-party costs play the important role of allocating the legal costs of the proceedings between the parties to the suit. When the court makes an order for party-and-party costs, one litigant is required to pay a certain amount to the other litigant. Party-and-party costs are different from solicitor-client costs, which […]
Reading Time: 9 minutesAsia Law Network had the opportunity to conduct an interview with Shaun Leong, Partner of the International Arbitration and Dispute Management Practice Group based in Eversheds Sutherlands’ Singapore office. Before his current role, he served as Magistrate and Registrar of the Supreme Court of Singapore and practiced international commercial disputes with the magic circle. Shaun has […]
Reading Time: 12 minutesI. Introduction In the tort of negligence, damages are awarded if the claimant can establish that he has suffered loss.[1] While most claims for loss in the tort of negligence usually revolve around physical damage,[2] courts have recognised losses of a non-physical nature, including claims for pure economic loss or loss of genetic affinity.[3] Courts, […]
