Will a failure or delay by a respondent to pay its portion of the security deposit for the arbitration render the arbitration agreement inoperative? Continue reading “How to Neuter an Arbitration Clause”
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LOOK FORWARD OR LOOK BACK?
Causation of delay in construction disputes is usually the subject of expert evidence, in the form of a delay analysis of the project. The entire project duration is analysed, to establish the cause and effect of delay events encountered. The analysis is relevant to determine entitlements to extension of time (“EOT”) to complete the works, and compensation for delays. The perennial issue that commonly arises is whether the analysis should be prospective or retrospective. Continue reading “LOOK FORWARD OR LOOK BACK?”
THE SEAT & THE BENCH
In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd [2021] 9 CLJ 1, the Federal Court clarified that (i) the concept of the seat of arbitration applies to domestic arbitrations; (ii) the seat must be designated as a place within a country (and not the entire country); and (iii) the seat determines which High Court has exclusive supervisory jurisdiction over the arbitration (as opposed to the factors usually applicable in other types of civil proceedings).
INTERIM MEASURE INCOMPATIBLE WITH POWERS OF COURT (与法庭权限不匹配的临时措施)
(Chinese translation below by Low Kian Seng)
Enforcement of an arbitral tribunal interim measure was refused in a recent case for being incompatible with the powers of Court.
Continue reading “INTERIM MEASURE INCOMPATIBLE WITH POWERS OF COURT (与法庭权限不匹配的临时措施)”
THE CUBIC PUZZLE & LIQUIDATED DAMAGES IV – BACK TO THE PAST?
In the recent case of
Tekun Nasional Sdn Bhd v Plenitude Drive (M) Sdn Bhd [2021] 8 AMR 427, the Federal Court (“FC“) appears to conflate the concepts under the old and new law as to how section 75, Contracts Act 1950 is to be applied to liquidated damages clauses.
Continue reading “THE CUBIC PUZZLE & LIQUIDATED DAMAGES IV – BACK TO THE PAST?”
INTERPRETING WORDS IN AN ENGINEERING CONTEXT
The Federal Court recently decided that a condition attached to the approved building plans had to be interpreted in an engineering context, and not in its plain language.
Continue reading “INTERPRETING WORDS IN AN ENGINEERING CONTEXT”
Release retention after dlp, but no cmgd?
Can a contractor claim for his balance retention sum after the defects liability period (“DLP”) has expired, without the certificate of making good defects (“CMGD”) being issued yet? Continue reading “Release retention after dlp, but no cmgd?”
THE SINGAPORE COVID-19 SOLUTION FOR CONSTRUCTION CONTRACTS
The Singapore Government has recently passed a law to provide temporary relief to contractors affected by the COVID-19 pandemic and lockdowns, restrictions arising from it (the “COVID-19 event”). This is the COVID-19 (Temporary Measures) Act 2020 (the “Act”), which deals with a number of topics including construction contracts. Continue reading “THE SINGAPORE COVID-19 SOLUTION FOR CONSTRUCTION CONTRACTS”
COVID 19 & MOVEMENT CONTROL ORDER II – FRUSTRATION
by Low Kian Seng
Continuing from my previous post on the impact of COVID-19 and MCO on construction contracts, this post discusses the doctrine of frustration. Continue reading “COVID 19 & MOVEMENT CONTROL ORDER II – FRUSTRATION”
COVID-19 & MOVEMENT CONTROL ORDER I – FORCE MAJEURE
by Low Kian Seng
This post discusses the possible impact of COVID-19 and MCO on construction contracts.
Continue reading “COVID-19 & MOVEMENT CONTROL ORDER I – FORCE MAJEURE”