News & Updates

Notes from the Bar – Arbitration, rules of natural justice and gating of witnesses

One advantage of international arbitration in Singapore is that the Final Award is final and not subject to any appeals.  Parties know that once the Final Award is issued, the Final Award will not be subject to the uncertainties normally associated with appeals to an appellate court.  But what happens when the manner in which the arbitration was conducted was unfair to one party?  This is where the national court of the seat of the arbitration steps in and exercise its supervisory function as shown in the recent Singapore High Court decision of CBP v. CBS [2020] SGHC 23

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Notes from the Bar – Force Majeure and the “but for” test

Force majeure clauses are often found in agreements for sale of commodities and in charterparties.  Very often, it is a long paragraph containing a very long sentence that is laborious to read.  A force majeure clause, if applicable, would allow one party to the contract to avoid liability for non-performance on the occurrence of a force majeure event.  What happens if that party seeking to rely on the force majeure clause had no intention to perform at all in the first place?

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