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    06:08 PM Kevin Elbert (Associate, OC Queen Street LLC)

    Whither Limit to the Tribunal's Case Management Powers: China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101

    It is well accepted that an arbitral tribunal has a wide discretion over the procedural aspects of arbitral proceedings. This discretion ranges from deciding the timeline of the arbitration to parties' disclosure obligations to evidential matters. The recent Singapore High Court decision of China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] SGHC 101 tests the limits of ...

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    07:29 PM Lee Zhe Xu (LL.B (NUS), LL.M (Boston))

    When is an Ouster Clause Ousted?

    An ouster clause is a statutory provision which prima facie prohibits judicial review of the exercise of the discretionary powers of the Executive to which they relate: Per Ah Seng Robin v Housing and Development Board [2016] 1 SLR 1020 (“Robin Per”) at [63]. The issue of whether and to what extent an ouster clause can effectively oust judicial review of executive discretion has not been conclusiv...

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    06:33 PM Tan Jia Wei, Justin, Senior Associate (Eversheds Harry Elias LLP)

    Finally, A Fast and Low-Cost Adjudication for the Building and Construction Industry – Recent Developments on the SOP Act

    The Building and Construction Industry Security of Payment Act (Cap. 30B) (the “SOP Act”) was enacted to ease cash flow to contractors and sub-contractors downstream in the building and construction industry. This was done by establishing a low-cost adjudication system to resolve payment disputes. Adjudication under the SOP Act was also expected to be fast, taking only three weeks from application...

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    12:26 PM Jarret Huang* (B.A. Cambridge) (LL.M. Harvard)

    Ochroid Trading: Illegality and Unjust Enrichment after Patel v Mirza

    In Ochroid Trading Ltd and another v Chua Siok Lui (Trading as VIE Import and Export) and another [2018] SGCA 5 (‘Ochroid’), the Singapore Court of Appeal provided welcome guidance as to the impact of Patel on the legal landscape in Singapore. Declining to adopt the broad discretion Patel necessitated, the Court of Appeal affirmed the two-step test first laid out in Ting Siew May v Boon Lay Choo a...

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    03:44 PM Loh Kai Loon (Counsel, Ashurst ADTLaw)

    Of long-form confirmations and closing out for failing to sign an ISDA

    On 4 May 2018, the Singapore International Commercial Court ("SICC") delivered its judgment in Macquarie Bank Ltd v Graceland Industry Pte Ltd [2018] SGHC(I) 05. The case was heard by Justice Sir Henry Bernard Eder, a former judge of the English High Court. This case is important because the SICC discussed the execution of an OTC derivative transaction, an Additional Termination Event where no ISD...