The 2024 Special Issue of the Singapore Academy of Law Journal, entitled “Litigation” is now available on Journals Online. Click here to view.

The latest January issue of the Civil Litigation Update (CLU) discusses the court’s discretion under RoC 2021 to stay or dismiss proceedings when a party has not complied with his obligation to pay costs arising from a previous proceeding. Past issues of CLU are also available here on LawNet.

A newly minted judicial commissioner and solicitor for more than two decades prior gives an outsider’s perspective on advocacy in Singapore.

A core appeal of arbitration is to provide a quick and efficient adjudication. Yet, arbitral disputes are still prone to spiral into jurisdictional turf wars between tribunal and court – a phenomenon that can be aptly analogised as a “multi-body problem”. The common law courts of England, Singapore and Hong Kong have developed new dynamic principles to resolve this problem. This article looks at the paradigm shift.

The courts have recently drawn a sharper distinction between the derivative action and the oppression action as remedies in respect of wrongs committed against a company, including wrongs associated with intellectual property assets. It is suggested that focusing on the act is not optimal and instead the focus should be on the agreement or understanding of the parties, whether formal or informal.

The landmark Court of Appeal decision of I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 modified the well-established test for a breach of confidence claim to provide more robust protection to owners of confidential information by placing the burden on the defendant to show that his conscience is unaffected. This article reviews the current state of the law on breach of confidence and proposes a framework to assist in understanding and framing breach of confidence claims.

The Singapore courts recently enforced a contract that was partly oral, partly written, partly implied by words or conduct, dealt only in essential terms, and was not signed or expressly confirmed by all parties. Its approach sets a precedent for how such unconventional contracts will be dealt with moving forward.

The introduction of super-priority rescue financing provisions to Singapore’s insolvency framework adds a further bow to its attractiveness as a restructuring hub. At the same time, these tools open up avenues for abuse and predatory practices, to the detriment of the beleaguered debtor and its other creditors. This article addresses some of these issues in the context of roll-ups and cross-collateralisations, and provides suggestions as to how the rescue financing framework in Singapore may be further strengthened.

The latest November issue of the Civil Litigation Update (CLU) examines two issues: (a) Order 11 rule 3 − is the “plain and obvious” test too strict? and; (b) the court’s exercise of discretion when ordering production of document constituting private or internal correspondence. Past issues of CLU are also available here on LawNet.

This article outlines the key differences between the regulatory characteristics of “MAS-regulated stablecoins” versus other types of stablecoins that would be regarded as “digital payment tokens” under the Payment Services Act 2019, and the similarities and differences in regulatory treatment applicable to these different types of stablecoins.

It is an established principle in shipping law that when a vessel is sold by the admiralty court, rights in rem are transferred to the proceeds of sale of the vessel. However, whether and to what extent other rights and obligations continue to subsist as against the proceeds of sale now representing the vessel is as yet undecided. This case considers whether a demise charter (and any in rem claims against the demise charterer) survives a judicial sale of the chartered vessel.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on contract law. It is authored by Professor Tham Chee Ho and Associate Professor Tan Zhong Xing.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on equity & trusts. It is authored by Professor Tang Hang Wu and Tay Yong Seng.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on arbitration. It is authored by Delphine Ho and Professor Lawrence Boo.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on criminal procedure, evidence and sentencing. It is authored by Norine Tan and Goh Qi Shuen.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on mediation & dispute resolution. It is authored by Professor Nadja Alexander and Shouyu Chong.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on restitution. It is authored by Professor Yip Man.

The administration of justice is dependent upon the integrity of lawyers. This article explores what it means for lawyers to make the declaration, “I am an officer of the Court”. Whilst lawyers may owe obligations to different parties which may pull in opposing directions, the duty to the court is paramount. This article explores the different facets of a lawyer’s duty to the court.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on insolvency law. It is authored by Sim Kwan Kiat, Wilson Zhu and Raelene Pereira.

This article encapsulates and evaluates the 2023 decisions of the Singapore courts on competition law. It is authored by Kala Anandarajah.