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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
    2011-09-06

    Where a contract contains a non-assignment clause, a liquidator may not, as part of his liquidation of an insolvent company's assets, assign the contract to a third party without first seeking the consent of the contracting counterparty:

    -- Owners of Strata Plan 5290 v CGS & Co Pty Ltd (Australia, New South Wales, Court of Appeal, 30 June 2011)

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership LLP, Liquidation, Liquidator (law)
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Staying a winding up application on grounds of cross-claim
    2011-10-27

    A winding up application may be resisted by reason of a cross-claim against the petitioning creditor.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Liquidation
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Singapore Court of Appeal discusses when an agreement is "subject to contract"
    2011-11-23

    "Subject to contract" clauses are often used in commercial transactions to indicate that an agreement is incomplete until the terms of a formal contract have been settled

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    DBS Bank Ltd v Tam Chee Chong & anor [2011] SGCA 47 (Singapore, Court of Appeal, 16 September 2011) and Rabobank International, Singapore Branch v Jurong Technologies Industrial Corp Ltd (Under Judicial Management) [2011] SGCA 48
    2011-11-28

    The companies at the heart of these two cases were Jurong Technologies Industrial Corporation Ltd ("JTIC") and its wholly owned subsidiary Jurong Hi-Tech Industries Pte Ltd ("JHTI") (collectively, the "Companies").

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    The Court of Appeal's landmark decision on schemes of arrangement
    2012-02-20

    The Singapore Court of Appeal recently issued a landmark decision on schemes of arrangement in the case of The Royal Bank of Scotland NV & Ors v TT International Limited [2012] SGCA 9.

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Lim Lye Hiang v Official Assignee [2011] SGCA 56 (Singapore, Court of Appeal, 2 November 2011)
    2012-02-24

    The appellant was made bankrupt in January 1998. Some time after she had been made bankrupt, her sister passed away.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership LLP
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    Singapore Court of Appeal holds common law tortious claims precluded by scheme of arrangement
    2012-03-08

    SAAG Oilfield Engineering (S) Pte Ltd (formerly known as Derrick Services Singapore Pte Ltd) v Shaik Abu Bakar bin Abdul Sukol & Anor and another appeal [2012] SGCA 7

    Filed under:
    Singapore, Employment & Labor, Insolvency & Restructuring, Litigation, Allen & Gledhill LLP, Court of Appeal of Singapore
    Location:
    Singapore
    Firm:
    Allen & Gledhill LLP

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