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    Arbitration
    2011-06-30

    Where a plaintiff sought to claw-back payments made to the defendant on the basis that they amounted to an unfair preference, or a transaction at an undervalue, or had been made with intent to defraud, held that such a claim could not be arbitrated but had to be dealt with in court proceedings:

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, WongPartnership LLP, Fraud
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Singapore Court of Appeal elaborates on relationship between insolvency and arbitration in upholding High Court decision
    2011-07-06

    In Larsen Oil and Gas Pte Ltd (in official liquidation in the Cayman Islands and in compulsory liquidation in Singapore) [2011] SGCA 21, the Singapore Court of Appeal endorsed, and elaborated on, the stance taken by the High Court concerning the relationship between arbitration and insolvency

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Liquidation, Court of Appeal of Singapore
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Singapore Court of Appeal elaborates on relationship between insolvency and arbitration in upholding High Court decision
    2011-07-28

    In Larsen Oil and Gas Pte Ltd v Petroprod Ltd (in official liquidation in the Cayman Islands and in compulsory liquidation in Singapore) [2011] SGCA 21, the Singapore Court of Appeal endorsed, and elaborated on, the stance taken by the High Court concerning the relationship between arbitration and insolvency.

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Liquidation, Court of Appeal of Singapore
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Insolvency disputes not arbitrable in Singapore
    2010-10-05

    The Singapore High Court has considered for the first time whether an action brought to avoid transactions that allegedly violated insolvency laws should be stayed in favour of arbitration. The court held that such disputes are not suitable for arbitration due to the public interest involved.

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Fraud, Liquidation, Singapore High Court
    Location:
    Singapore
    Firm:
    Herbert Smith Freehills LLP
    Schemes of arrangement over a company do not release its joint debtors
    2010-10-14

    In Econ Piling Ltd v Sambo E&C Pte Ltd [2010] SGHC 120, the Singapore High Court rejected the proposition that where a debtor is released from its debts, its other joint-debtors are also automatically released.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Debtor, Debt, Singapore High Court
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Singapore Court of Appeal allows claw back of payments made to holding company on grounds of unfair preference even though payments were alleged to be part of established past practice
    2010-10-27

    The Singapore Court of Appeal decision of Chee Yoh Chuang & Anor (as Liquidators of Progen Engineering Pte Ltd (in liquidation)) v Progen Holdings Ltd considered how the lawought to balance the rights of creditorswith the companies directors' desire to keep the company afloat when the company has financial difficulties and when payments were made to creditors.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Liquidation, Holding company, Court of Appeal of Singapore
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Singapore High Court orders application for creditors' meeting to approve scheme of arrangement to be heard with winding up application against company
    2010-10-27

    In an application by Win-Win Aluminium Systems Pte Ltd (the
    “Company”) pursuant to section 210 of the Companies Act, the Company
    sought an order to convene a meeting of creditors for the purposes of
    approving a scheme of arrangement.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Liquidation, Singapore High Court
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Performance of contract negated by Sichuan earthquake
    2010-10-28

    The case of Noerwest Pte Ltd (in liquidation) v Newport Mining Ltd [2010] SGHC144 involved the sale of the shares of a company which owned phosphate mining and production fascilities in the Sichuan province.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Share (finance), Liquidation
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Singapore High Court finds contractual sale of shares, as opposed to statutory power of sale, had overreached subsequent charge
    2010-11-30

    In the recent Singapore High Court decision of Kong Swee Eng v Rolles Rudolf Jurgen August, the court held, among other things, that the concept of overreaching applies to a sale exercised by a mortgagee pursuant to a contractual right in a charge (as opposed to a statutory power of sale) and that the winding up of a company does not frustrate the sale and purchase of shares in the company.

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Share (finance), Concession (contract), Liquidation, Singapore High Court
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP
    Banking & insolvency
    2010-12-21

    Where one of the factors behind an insolvent company granting its creditor security was a desire to put that creditor in a more advantageous position in the company's insolvency, held that the grant of security amounted to a unfair preference that rendered the security void:

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP

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