Singapore High Court enforces ECT award under ICSID Convention rejecting state immunity and intra-EU objections

Singapore High Court enforces ECT award under ICSID Convention rejecting state immunity and intra-EU objections

In NextEra Energy Global Holdings BV and another v Kingdom of Spain [2026] SGHC 43, the Singapore High Court upheld the registration of an Energy Charter Treaty (ECT) award under the ICSID Convention, rejecting state immunity and intra-EU objections raised by the respondent state.

Publication | March 11, 2026
Singapore’s Competition Appeal Board addresses price fixing and information exchange and clarifies the distinction between the “object” and “effect” limbs of cartel prohibitions

Singapore’s Competition Appeal Board addresses price fixing and information exchange and clarifies the distinction between the “object” and “effect” limbs of cartel prohibitions

In a rare appellate decision (CNL Logistic Solutions Pte Ltd and another v Competition and Consumer Commission of Singapore [2025] SGCAB 1), the Competition Appeal Board (the “Board”) sets out what constitutes price fixing and information-sharing conduct prohibited under section 34 of the Competition Act 2004.

Publication | March 09, 2026
Singapore High Court upholds tribunal's termination of arbitration for impossibility due to international sanctions imposed on claimant

Singapore High Court upholds tribunal's termination of arbitration for impossibility due to international sanctions imposed on claimant

In DRL v DRK [2026] SGHC 32, the Singapore High Court upheld a SIAC tribunal's decision to terminate an arbitration for impossibility under article 32(2)(c) of the UNCITRAL Model Law, due to the imposition of international sanctions on the claimant.

Publication | March 02, 2026
Singapore Court upholds principle of minimal curial intervention and refuses curial review of SIAC decision on commencement date of an arbitration (Singapore Court of Appeal)

Singapore Court upholds principle of minimal curial intervention and refuses curial review of SIAC decision on commencement date of an arbitration (Singapore Court of Appeal)

In DMZ v DNA [2025] SGCA 52, the Singapore Court of Appeal reaffirmed the principle of minimal curial intervention in arbitration proceedings and dismissed an application for curial review of a decision of the Singapore International Arbitration Centre on the commencement date of an arbitration.

Publication | December 10, 2025
Court's permission required for arbitration against bankruptcy trustee regarding post-bankruptcy agreement (Singapore High Court)

Court's permission required for arbitration against bankruptcy trustee regarding post-bankruptcy agreement (Singapore High Court)

In Kardachi, Jason Aleksander (as private trustee in bankruptcy of Rajesh Bothra) and another v Deepak Mishra and others [2025] SGHC 218, the Singapore High Court confirmed that leave of court is required to commence arbitration proceedings against bankruptcy trustees regarding a dispute arising out of a post-bankruptcy agreement concluded by the trustees. While permission can be granted retrospectively, the court declined to give it in this case, finding no prima facie arguable case that the trustees had breached the post-bankruptcy agreement in commencing a clawback action against the defendants.

Publication | November 24, 2025
Natural justice and infra petita challenges: Recent case law and potential law reform in Singapore

Natural justice and infra petita challenges: Recent case law and potential law reform in Singapore

In a trilogy of recent decisions, the Singapore Court of Appeal provides timely and instructive guidance on natural justice and infra petita challenges in the arbitration context.

Publication | August 07, 2025
Singapore Court of Appeal rules on moratorium carve-outs and the interactions between arbitration and insolvency regimes

Singapore Court of Appeal rules on moratorium carve-outs and the interactions between arbitration and insolvency regimes

In Sapura Fabrication Sdn Bhd and others v GAS and anor appeal [2025] SGCA 13, the Singapore Court of Appeal made important findings

Publication | July 04, 2025
Singapore Court of Appeal bars claims which were brought in earlier arbitration proceedings

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.

Publication | April 14, 2025
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

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.

Publication | December 18, 2024
Can a charterer procure the release of a laden vessel arrested by a mortgagee bank?

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.

Publication | December 05, 2024

Avoiding legal and regulatory pitfalls in digital transformation projects

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

Publication | August 15, 2024

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?

Publication | July 29, 2024
What is a “ship”?

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”.

Publication | June 04, 2024
Singapore: Competition law fact sheet

Singapore: Competition law fact sheet

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

Articles | April 24, 2024
Year in review: Significant US Chapter 15 decisions in 2023

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.

Publication | April 23, 2024
UK restructuring plans: What does the future hold following the English Court of Appeal’s landmark ruling in Adler?

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.

Publication | April 23, 2024
UK restructuring plan: Cramming up a super-senior creditor class in a unitranche structure

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.

Publication | April 23, 2024
The cross-border restructuring of Diebold Nixdorf

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.

Publication | April 23, 2024
Proprietary trading: Decision in Canada highlights the broad scope of receivership remedies

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.

Publication | April 23, 2024
Insolvency law reform and capacity building in emerging markets update on our experience in Armenia and Bhutan

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.

Publication | April 23, 2024
Garuda Indonesia’s restructuring recognised in Singapore

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.

Publication | April 23, 2024
ESG and directors’ duties: Are they compatible?

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.

Publication | April 23, 2024
International Corporate Rescue - Singapore International Debt Restructuring Hub or More To Do?

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).

Publication | April 09, 2024
The intersection of AI and IP law: Insights from IPOS’ Landscape Report

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

Publication | April 02, 2024
Singapore releases New Guidelines on the Use of Personal Data in AI Systems

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).

Blog | March 25, 2024
Proposed Statutory Developments in Singapore’s Foreign Direct Investment Regime – Significant Investments Review Bill

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.

Publication | February 19, 2024
The European Commission’s proposed directive harmonising certain aspects of insolvency law

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.

Publication | February 13, 2024
The SICC’s first restructuring decision: recognition of Garuda Airlines PKPU proceedings

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.

External | February 04, 2024
Singapore proposes Governance Framework for Generative AI

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.

External | February 04, 2024
Competition-IP Interface: Transactions, Collaboration, and Unilateral Conduct (Singapore)

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.

Publication | January 02, 2024