On 9 October 2025, the Asian International Arbitration Centre (AIAC) have launched the AIAC Suite of Rules 2026, an updated set of rules to their predecessors. This major update would introduce six new rules/guidelines, including the AIAC Arbitration Rules 2026.
While the derivative action under section 347 Companies Act 2016 (“CA 2016”) allows shareholders to sue on behalf of the company, the oppression remedy under section 346 CA 2016 enables them to sue in their own capacity, but only if the harm suffered is distinct and personal.
When a construction contract is silent on extensions of time, does this mean that time is no longer of the essence, or can the courts still imply an EOT clause to give effect to the parties’ intentions?
It is not uncommon for a group of companies to deploy multiple entities within the group to carry out a project undertaken by one of its companies (the “Principal Company”). This often occurs when assistance from other group entities is required to support the performance of a contract signed by the Principal Company. But what if the main agreement signed by the Principal Company contains an arbitration clause, while the other entities assisting in contract performance are not parties to that agreement?
Section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) enables a subcontractor to request direct payment from the principal or employer if the main contractor fails to pay the adjudicated amount in favour of the subcontractor, and where there is money due or payable by the employer to the main contractor. However, would the employer still be considered a “principal” for the purposes of Section 30 if the main contract restricts the main contractor from awarding the subcontract in the first place?
What if the dispute resolution clause under the contract gives the parties the option to either arbitrate or litigate in Court? Can such a clause still be considered as an arbitration agreement? If so, would it be “null and void, inoperative or incapable of being performed” due to lack of certainty?
Could an application to set aside an award be sustained on the ground of a failure to provide reasons, assuming the parties had agreed to adopt the UNCITRAL or AIAC Rules? If on a reading of the award, it appears that the Tribunal had disregarded parties’ submissions or without considering the merits of parties’ submissions, would that tantamount to a breach of natural justice? Whilst natural justice does not require the Tribunal to respond to all of parties’ submissions, would the failure to address significant issues, which could have impacted the outcome of the award, constitute a breach of natural justice?
View PDF 30th April 2025ISSUESThe English Court of Appeal decision of Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 (“Salford”) propounds a lower threshold…
View PDF 28th March 2025ISSUESSection 35 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) prohibits conditional payment clauses and such clauses are rendered void under Section 35(1)…
View PDF 26th February 2025ISSUESAs long as there is a valid arbitration agreement that is capable of performance, a stay of proceedings pending reference to arbitration shall be granted pursuant…
View PDF 24th January 2025ISSUESUnder the Arbitration Act 2005 (“AA 2005”), an award made by the Arbitral Tribunal pursuant to an arbitration agreement shall be final and binding. In this…
View PDF 30th December 2024 ISSUES The arbitral tribunal may determine the disputes of the parties in 2 different tranches, where the first tranche will be a determination on liability…
View PDF 27th November 2024 ISSUES It is common for a respondent to raise a set off or crossclaim as a defence to a Payment Claim issued under Construction Industry…
View PDF 23rd October 2024 ISSUES There is no prohibition to initiate adjudication proceedings against a sole proprietor under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”). Sole…
View PDF 30th September 2024ISSUESSection 9(5) of the Arbitration Act 2005 (“AA 2005”) provides that, where a contract refers to a document containing an arbitration clause, such reference would constitute…
View PDF 28th August 2024ISSUESWhere the underlying contract in the disputes before the Court contains an arbitration clause / agreement, the Defendant may apply for a stay of proceedings pending…
View PDF 31st July 2024ISSUESPrior to presentation of a winding up petition, the creditor may serve a Statutory Notice of Demand, or what is commonly known as Winding Up Notice, on…
View PDF 28th June 2024 ISSUES For the purposes of computing limitation in arbitration, limitation stops running when the claimant commences arbitration by serving the respondent a written notice to…
View PDF 22nd May 2024 ISSUES It is not uncommon for the losing party to file an application to set aside an adjudication decision and/or apply for it to be…
View PDF 24th April 2024ISSUESTo trigger direct payment under section 30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), the successful Claimant will have to serve a…