The determination of the proper law of the arbitration agreement has been subject to some debate recently. Previous judgments have oscillated between the “main contract” approach (which says that the substantive law of the contract should be the proper law) and the “seat” approach (which says that the proper law should be the law of the seat of arbitration).
Articles
Further Reliefs for the Construction Industry – What about the Recent BCA Updates and Legislative Developments?
The construction industry has been hard hit by the pandemic. Before the Circuit Breaker, contractors were affected by regional lockdown measures.
COVID-19 Business Interruption Insurance – Welcome News for Policyholders, and Something for the Insurers
Although only 21 sample wordings were considered, the FCA estimates that some 700 types of policies issued by more than 60 different insurers to over 370,000 policyholders could be impacted by the judgment. Whilst the wording of any policy may be unique, the Court’s judgment will provide helpful guidance in determining and quantifying the indemnity provided by disease, prevention of access or hybrid extensions.
LCIA Arbitration Rules 2020 – Major Development for Arbitration Users?
In this briefing note, we discuss the key updates and share our views on how these developments will impact arbitration users.
BCA Ex Gratia Payment for Public Sector Projects – Considerations for Main Contractors Prior to Wholesale Acceptance
Back in June 2020, the Building and Construction Authority (“BCA”) issued a circular on the co-sharing of prolongation costs between public authorities and main contractors on an ex-gratia basis. This is good news for main contractors, most of whom have been badly affected by the pandemic and the government’s response to the pandemic.
Virtual Arbitration Hearings – When to Conduct Hearings Virtually? How should Virtual Hearings be Conducted?
It has been many months since the global pandemic was declared. The optimists amongst us may have hoped that pandemic restrictions would be lifted fully and swiftly. The reality, it seems, is that restrictions on travelling are likely to remain with us for quite some time.
Business Interruption Insurance Claims – Understanding the Doctrine of Proximate Cause and the Principles of Concurrent Causes
Business interruption insurance is complex, both in terms of identifying the obligation to indemnify (that is the trigger for cover) as well as quantifying the amount of the indemnity (that is the covered financial loss). In this briefing note, we look at the obligation to indemnify. That obligation is triggered by establishing that the business interruption resulted from property damage that is insured and not excluded. Frequently, insurance policies will exclude property damage resulting from certain excluded perils. So to determine whether the damage is insured or excluded, how do we identify the peril or perils that caused the loss?
Concurrent Delays in Construction Projects – Issues of Contractual Rights and Remedies for Pandemic Related Delays
Globally, the construction industry has been disrupted by the onset of the pandemic and the responses of various governments to this pandemic. For many construction sites, the past few months have been characterised by zero, or slow, progress as sites were forced to remain closed to combat the transmission of the virus.
How Does Biz Interruption Insurance Work in a Pandemic?
This article was published on the website of HOTELS Magazine, one of the leading media brands serving the global hospitality industry.
Additional Reliefs for the Construction Sector – Expanding the Eligibility for Reliefs in the Latest Amendments to the COVID-19 (Temporary Measures) Act
At the onset of the Circuit Breaker in Singapore, the COVID-19 (Temporary Measures) Act (“C19TMA”) was enacted to grant temporary reliefs for parties who are unable to perform their contractual obligations due to challenges brought about by the COVID-19 pandemic.
