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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...

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    10:58 PM Christopher Zheng (LL.B., National University of Singapore, LL.M. (Corporate), New York University)

    Personal Liability of Directors for their Company's Contractual Breaches and Torts: Recent Developments

    While a company is a separate legal entity from its members, shareholders and directors (Gabriel Peter & Partners v Wee Chong Jin [1997] 3 SLR(R) 649 at [32], [34] ("Gabriel Peter")), decisions of a company are often made through its board of directors. Where a company breaches its contract with, or commits a tort against, an external party under the direction of its board, are the directors perso...

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    04:10 PM Victor Looi (LLB, BBM(Finance), Singapore Management University)

    The Use of Similar Colour Schemes, Layouts, and Allegedly Deceptive Geographical References in Trade Marks

    In the recent decision of Morinaga Nyugyo Kabushiki Kaisha (Morinaga Milk Industry Co., Ltd.) v. Starbucks Corporation D/B/A Starbucks Coffee Company [2017] SGIPOS 18, the Intellectual Property Office of Singapore explored two intriguing issues concerning trade mark opposition proceedings: whether a trade mark proprietor can oppose the registration of a later competing mark because the latter shar...