News & publications

Singapore Court of Appeal bars claims which were brought in earlier arbitration proceedings

In a landmark decision (CIX v DGN [2025] SGCA 10), the Singapore Court of Appeal addressed the issue of whether the extended doctrine of res judicata (a doctrine which bars re-litigation) (extended doctrine) could be invoked by a party who was neither a party to the earlier arbitration proceedings nor a party to the arbitration agreement.

Paying the Price: Court of Appeal holds debt still due when non-fulfilment of a condition precedent is caused by the buyer’s own breach

In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.

Can a charterer procure the release of a laden vessel arrested by a mortgagee bank?

As previously observed, conflicts occasionally arise between mortgagees and charterers where a mortgagee wishes to take prompt action to enforce its rights, but the charterer wishes such enforcement action to be deferred until the end of the charter.

Avoiding legal and regulatory pitfalls in digital transformation projects

This article first appeared in the September 2024 issue of Financier Worldwide.

Directors' duties owed to creditors: Clarity from the Singapore Court of Appeal in Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10

When does a director first come under a duty to consider the interests of creditors (Creditor Duty)? How should the Creditor Duty be weighed up in a director’s decision on whether to authorise the repayment of shareholder loans and to declare dividends?

What is a “ship”?

What appears to be a simple question is not as straightforward as one would think. One might take the view that it is just a matter of common sense whether something is a ship or not, yet it is difficult to define exhaustively what exactly a ship is, or the extent to which something forms part of a “ship”.

Singapore: Competition law fact sheet

Our Asia Competition Law fact sheets provide insights into the main competition law regimes across Asia.

Year in review: Significant US Chapter 15 decisions in 2023

Chapter 15 of the US Bankruptcy Code implements the Model Law on Cross-Border Insolvency in the US.

UK restructuring plans: What does the future hold following the English Court of Appeal’s landmark ruling in Adler?

On 23 January 2024, the Court of Appeal handed down judgment in relation to the Adler group plan and seized the opportunity to provide guidance on a wide range of issues.

UK restructuring plan: Cramming up a super-senior creditor class in a unitranche structure

We consider how the UK’s Part 26A restructuring plan has opened up opportunities for “cram up” in unitranche structures.

The cross-border restructuring of Diebold Nixdorf

On 11 August 2023, the Diebold Nixdorf group (Diebold Nixdorf), a multinational service provider and manufacturer of cash handling machines, successfully restructured approximately US$2.7 billion debt by using a parallel Dutch WHOA and US Chapter 11.

Proprietary trading: Decision in Canada highlights the broad scope of receivership remedies

A recent decision of the Ontario Superior Court of Justice highlights the unique utility of Ontario receivership remedies to respond to cross-border investment fraud concerns.

Insolvency law reform and capacity building in emerging markets update on our experience in Armenia and Bhutan

Global Restructuring Co-Head Scott Akins and Special Counsel Rodney Bretag will conduct a workshop in Paro, Bhutan with the insolvency practitioners and other stakeholders to discuss the first draft of a new insolvency law.

Garuda Indonesia’s restructuring recognised in Singapore

The Singapore International Commercial Court (SICC), which officially launched in January 2015, has released its first insolvency-related judgment.

ESG and directors’ duties: Are they compatible?

Investors, financiers, customers, employees and regulators are taking an interest in ESG issues and pressuring businesses with their money, their feet and the law.

International Corporate Rescue - Singapore International Debt Restructuring Hub or More To Do?

We have contributed an editorial piece to International Corporate Rescue journal (Volume 21, Issue 2).

The intersection of AI and IP law: Insights from IPOS’ Landscape Report

The past few years have been marked by the rapid advancement of AI technologies, which has led to generative AI being made available to the masses

Singapore releases New Guidelines on the Use of Personal Data in AI Systems

On 1 March 2024, Singapore’s Personal Data Protection Commission (PDPC) issued the Advisory Guidelines on the Use of Personal Data in AI Recommendation and Decision Systems (AI Advisory Guidelines).

Proposed Statutory Developments in Singapore’s Foreign Direct Investment Regime – Significant Investments Review Bill

Singapore has long been recognised as a leading global hub for business and trade, attracting foreign investors from across the globe. Foreign direct investment (FDI) regulation has become an increasingly relevant consideration in cross-border acquisitions and investments, and more and more countries are adopting FDI regimes to safeguard their critical industries and national assets.

The European Commission’s proposed directive harmonising certain aspects of insolvency law

In this article, we will focus on this most recent Insolvency Law Proposal.

The SICC’s first restructuring decision: recognition of Garuda Airlines PKPU proceedings

In October 2022, the Singapore International Commercial Court (SICC)’s procedural rules were amended to provide it with the jurisdiction to hear cross-border corporate insolvency, restructuring and dissolution proceedings. Highly respected restructuring and insolvency judges were also appointed to SICC’s panel of international Judges, to cement Singapore’s position as the Southeast Asian jurisdiction for cross-border restructuring.

Singapore proposes Governance Framework for Generative AI

On 16 January 2024, Singapore’s Infocomm Media Development Authority (IMDA), in collaboration with the AI Verify Foundation, announced a public consultation on its draft Model AI Governance Framework for Generative AI (Draft GenAI Governance Framework), showing the areas where future policy interventions relating to generative AI may take place and options for such intervention.

Competition-IP Interface: Transactions, Collaboration, and Unilateral Conduct (Singapore)

While intellectual property (IP) and competition laws both seek to promote economic efficiency and innovation, they do so in different ways.

Practical Law: How to obtain recognition of a foreign insolvency process and how to enforce insolvency-related judgements

This practice note provides a guide to the domestic process and requirements for gaining legal recognition of a foreign insolvency process in Singapore. This guide also details any seperate considerations around the enforcement of insolvency-related judgments in Singapore.

Vroon restructuring: A lesson in adapting to and overcoming challenges

The restructuring of the Vroon group after years of negotiation and challenges serves as a lesson in how to adapt to changing conditions and to overcome the same to achieve a successful restructuring.

Singapore publishes Final Report on upcoming Workplace Fairness Legislation

On 4 August 2023, the Tripartite Committee on Workplace Fairness (Tripartite Committee) released[1] its final policy recommendations on the proposed legislative framework to enhance workplace fairness (referred to as the Workplace Fairness Legislation, or WFL), by way of a Final Report that has been accepted by the Singapore Government (Final Report).

The Singapore High Court rules that Crypto Assets are “things in action” capable of being held on trust: ByBit Fintech Ltd v Ho Kai Xin and others [2023] SGHC 199

The Singapore Courts have issued yet another landmark decision on the nature of crypto assets. In ByBit Fintech Ltd v Ho Kai Xin and others [2023] SGHC 199, the High Court was presented with the issue of whether crypto assets are property capable of being held on trust, and if so, what type of property they are.

CCCS seeks public feedback on Guidance Note for Environmental Sustainability Collaborations

On 20 July 2023, the Competition and Consumer Commission of Singapore (CCCS) announced a public consultation to seek feedback on its proposed Guidance Note on Business Collaborations Pursuing Environmental Sustainability Objectives (Environmental Sustainability Collaboration GN). The consultation will run until 27 August 2023.

Cryptocurrency: A perspective from Singapore

Investors suffered very significant losses as a result of the wave of collapses in the crypto sector in 2022.

Singapore: Cross-border guide to parent company liability for foreign subsidiaries