Recently, the English Court discussed the dynamics between arbitration and exclusive jurisdiction clauses in Melford Capital Partners (Holdings) LLP and Others v Digby [2021] EWHC 872 (Ch). We summarise the findings, as well as the practical implications, in this note.
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Cliff Edge – What Happens after the Expiry of the Temporary Reliefs for the Construction Industry?
In our last instalment, we discussed the extension of reliefs for the construction industry in Singapore pursuant to the COVID-19 (Temporary Measures) Act (“C19TMA”).
Whilst it is unclear whether further extensions will be granted after September 2021, what is clear is that at some point, the temporary reliefs will come to an end. At which point, issues that have been held back by the C19TMA would inevitably surface. What are some of the issues that may surface and how should the construction industry prepare for these issues?
C19TMA – Extension of Reliefs for the Construction Industry
On 5 April 2021, the COVID-19 (Temporary Measures) (Amendment No. 2) Bill (“Bill”) was introduced to deal with, inter alia, the provisions dealing with reliefs for the construction industry within the COVID-19 (Temporary Measures) Act (“C19TMA”). In this briefing note, we discuss the scope and impact of the extension of reliefs under Parts 2 and 8B of the C19TMA.
Liquidated Damages in Singapore – Enforceable or Not?
Liquidated damages (“LDs”) are common in commercial contracts. Yet, there are often issues about the enforceability of LD clauses. In this briefing note, we discuss the position on LDs in Singapore. Particularly, the circumstances where LDs are enforceable and unenforceable (for being ‘penalty’ clauses).
Post-COVID Trends – Recent Developments to Construction Contracts
As we approach the one-year mark from the announcement of the pandemic, it is worth looking at how construction contracts have changed between pre- and post-pandemic times.
Final Words on COVID-19 Business Interruption Insurance – Welcome News for both Policyholders and Insurers
In our earlier briefing note (COVID-19 Business Interruption Insurance – Welcome News for Policyholders, and Something for the Insurers), we shared the judgment handed down by the UK Commercial Court in the test case of The Financial Conduct Authority v Arch & Others [2020] EWHC 2448 (Comm).
Parties appealed and the matter was brought before the UK Supreme Court. In what is the final word on this test case, the judgment [2021] UKSC 1 provides welcome news to both policyholders and insurers.
Managing the Impact of COVID-19 – Key Features of the Re-Align Framework
As the coronavirus accompanies us into the new year, many businesses remain significantly impacted by the pandemic. To help such businesses cope with the challenges ahead, the COVID-19 (Temporary Measures) Act (“C19TMA”) was amended to introduce a framework for the renegotiation of contracts (the “Re-Align Framework”).
COVID-19 Business Interruption Insurance – Some Guidance from the Land Down Under
Not too long ago, the Court of Appeal of New South Wales handed down its judgment on the construction and application of exclusion clauses in insurance policies – HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 (“HDI v Wonkana”).
ICC Rules 2021 – What are the Key Changes?
The ICC Rules 2021 make several key changes to the previous set of arbitration rules (the “ICC Rules 2017”). This briefing note discusses the key updates and shares views on how these developments will impact arbitration users.
Upcoming Provisions to the COVID-19 (Temporary Measures) Act 2020 – What this Entails for Construction Industry & Real Estate Players?
On 3 November 2020, Singapore’s Parliament passed the COVID-19 (Temporary Measures) (Amendment No. 3) Bill (the “Bill”). Amongst other things, the Bill introduces further reliefs for the construction industry.
