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? Read More

Notes from the Bar – Law and seat of the arbitration; often neglected but no less important

In this inaugural edition of our Notes from the Bar, we take a look at a recent Singapore High Court decision of BNA v. BNB & Anor [2019] SGHC 142 where the Court applied the three-stage approach in determining what is the proper law of the parties’ arbitration agreement. Summary of the facts The Plaintiff… Read More