English High Court considers implied duty for commercial parties in finance contract to exercise contractual discretion honestly and in good faith *

United Kingdom - December 20 2012
In SNCB Holding v UBS AG, the English High Court considered the question of the extent to which a commercial party conferred with discretion under a…

Co-authors: Kenneth Lim.

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Singapore Court of Appeal holds common law tortious claims precluded by scheme of arrangement *

Singapore - March 8 2012
In SAAG Oilfield (S) Pte Ltd (formerly known as Derrick Services Singapore Pte Ltd) v Shaik Abu Bakar bin Abdul Sukol & Anor and another appeal, the Singapore Court of Appeal held that the respondents were precluded from pursuing their common law tortious claims for damages against the appeallant by virtue of a scheme of compromise and arrangement approved under the Companies Act (the "CA").

Co-authors: Kenneth Lim.

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Singapore High Court considers principles and restrictions relating to director's right of inspection of company accounts *

Singapore - June 30 2011
In the recent decision of Hau Tau Khang v Sanur Indonesian Restaurant Pte Ltd & Anor and Another Matter, Steven Chong J in the Singapore High Court considered the principles and restrictions relating to the right of a director to inspect company accounts pursuant to section 199(3) of the Companies Act (the "CA").

Co-authors: Loong Tse Chuan.

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English Court of Appeal considers extent of a creditor’s duty of disclosure to surety *

Singapore - April 28 2011
The English Court of Appeal in North Shore Ventures Ltd v Anstead Holdings Inc & Anor considered, inter alia, the extent of the duty of disclosure owed by a creditor to a surety or guarantor.

Co-authors: Kenneth Lim.

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Singapore Court of Appeal stays action on ground of forum non conveniens and finds Indonesia the more appropriate forum *

Indonesia, Singapore - March 29 2011
The Singapore Court of Appeal in JIO Minerals FZC & Ors v Mineral Enterprises Ltd applied the two-stage test set out in the seminal House of Lords decision, Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460 (the "Spiliada"), in determining that Indonesia was the more appropriate forum for the parties' dispute.

Co-authors: Kristy Tan.

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