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Singapore High Court confirms permissibility of litigation funding for insolvency claw-back claims in context of bankruptcy

In Re Fan Kow Hin, the SHC held that funding agreements that have the effect of assigning and selling a proportion of the benefits or proceeds of insolvency claw-back claims are permissible in the context of bankruptcies.

Court rules online gambling offence to be deserving of harsher punishment than offence under Common Gaming Houses Act

In PP v Elger Kua Meng Tern [2019] SGMC 5, the accused pleaded guilty to using his office premises as a common gaming house, and for providing a Singapore-based remote gambling service.

Exclusive means exclusive

In Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd [2018] 2 SLR 1271, the SCA overruled at least four of its own previous judgments given over 20 years.

Tags: Shipping

Where is justice best served?

In IM Skaugen SE and another v MAN Diesel & Turbo SE and another [2018] SGHC 123, the SHC held that the availability of the SICC favoured Singapore as the more appropriate forum to hear the dispute.

Tags: Shipping

Can an arbitral award be issued against minors?

In BAZ v BBA and others [2018] SGHC 275, the SHC set aside an award against the minors, noting that it would violate the protection given to minors in contractual relationships under Singapore law.

SingHealth and IHiS case: PDPC Decision notes breaches of the protection obligation in the healthcare sector

In Re Singapore Health Services Pte Ltd & Ors [2019] SGPDPC 3, the Commissioner ruled that SingHealth and IHiS failed to protect the personal data of individuals, in violation of s24 of the PDPA.

Developments in international arbitration, construction & projects in 2018

2018 saw many advancements in the areas of International Arbitration, Construction & Projects. In this Update, we look at some of the noteworthy ones.

Analytical framework for sentencing: Harm, culpability and aggravating/mitigating Factors

This article surveys the recent Supreme Court judgments with regard to the analytical framework for sentencing.

IPOS Case Summary: Swatch AG (Swatch SA) (Swatch Ltd) v Apple Inc. [2019] SGIPOS 1

The Opponent failed to prove that the mark was similar and that consumers would be confused.

Supreme Court Case Summary: SCK Serijadi Sdn Bhd v Artison Interior Pte Ltd [2019] SGCA 05

CA holds that a judgment creditor does not become a secured creditor by virtue of having served a garnishee order nisi on a garnishee before a judgment debtor is placed under winding up.

Court of Appeal reverses High Court ruling that courts have no jurisdiction to revoke patents

In Sunseap Group Pte Ltd and ors v Sun Electric Pte Ltd [2019] SGCA 4, the Cal aid down important principles on how a patent revocation counterclaim should be pleaded.

MCST cannot unilaterally determine damages payable for breach of by-laws

In MCST v Lian Tat Huat Trading Pte Ltd [2018] SGHC 270, the SHC held that the MC has to prove its loss suffered in Court in order to recover damages.

[GBR] Anti-suit injunction enforces the contractual agreement to arbitrate

In Catlin Syndicate v Weyerhaeuser Company, the English High Court found granted the claimant insurer an anti-suit injunction to restrain a non-EU defendant insured from breaching a contractually agreed arbitration clause.

Singapore Court of Appeal allows application by director to inspect company records pursuant to section 199 of Companies Act, finding no ulterior motive

In Mukherjee Amitava v DyStar Global Holdings (Singapore) Pte Ltd & Ors [2018] SGCA 57, the Court held that a director has an almost-presumptive right to inspect the company documents to the extent these fall within the ambit of s199 of the Companies Act. 

SHC: Winding up a company in record time despite claim of a dispute subject to arbitration

VTB Bank v Anan Group [2018] SGHC 250  concerns interesting and novel points of law, specifically on the standard of proof for a debtor company to show that there is a dispute, and therefore stave off winding up proceedings by a creditor, where the underlying contract is subject to arbitration.

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Voluntary arrangements in bankruptcy – extension and revocation

In Re Aathar Ah Kong Andrew [2018] SGHC 227, the SHC held that it did not have the power to grant an extension of the interim stay order.

Court of Appeal upholds setting aside of investor-state arbitral award

Swissbourgh Diamond Mines (Pty) Limited and others v Kingdom of Lesotho [2018] SGCA 81 was the first time the Singapore courts allowed an application to set aside an investor-State arbitration award on the merits.

IPOS Case Summary: Chicago Mercantile Exchange Inc. v Intercontinental Exchange Holdings, Inc. [2018] SGIPOS 20

It was held that the average consumer of the services in Singapore could not fail to be informed immediately by its use of the intended purpose and nature of the particular financial services. 

Journals Online: Novel issues of litigation and without prejudice privilege in multi-party civil proceedings

This article discusses the novel issues raised by United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd [2018] 4 SLR 391.

Arbitration clause in shareholders’ agreement does not preclude Court proceedings for same relief under Articles

In BTY v BUA and other matters [2018] SGHC 213, the issue was whether or not the matter should proceed to litigation or arbitration. 

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