eOASIS is Rajah & Tann Singapore LLP's legal information website for clients, containing business and legal information prepared from a practitioner's viewpoint. It has four different modules, updated regularly, and materials range from commentaries on the latest legal developments to key legal and business information.

What's new on eOASIS

Under the Building and Construction Industry Security of Payment Act, an employer can withhold payment on a payment claim based on an asserted claim or set-off against the contractor. However, what if the contract from which the payment claims arises and the contract from which the set-off arises are separate agreements? This was the question before the Singapore Court of Appeal in Civil Tech Pte Ltd v Hua Rong Engineering Pte Ltd [2018] SGCA 12. 

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership ("CPTPP"), a regional Free Trade Agreement that is a successor to the Trans-Pacific Partnership ("TPP") which stalled after the withdrawal of the US, was signed on 8 March 2018 by all 11 original TPP members except the US, and incorporates most of the provisions of the TPP. The CPTPP presents a new opportunity for companies to boost trade and increase investments across the trans-pacific region. This update highlights the key differences between the CPTPP and the TPP, and also discusses the trade benefits under the CPTPP. 

In GD Midea Air Conditioning Equipment Co Ltd v Tornado Consumer Goods Ltd [2017] SGHC 193, the Singapore High Court allowed an application to set aside the key parts of an arbitral award – amounting to around US$9m – on jurisdictional and procedural grounds. On 1 March 2018, the Court of Appeal upheld the High Court's decision and its reasons, maintaining the setting aside order. The applicant/respondent was successfully represented at the High Court and the Court of Appeal by Paul Tan and Devathas Satianathan of Rajah & Tann Singapore LLP. 

The Philippine Competition Commission has raised the thresholds for required notifications of mergers and acquisitions. In a memorandum circular issued on 5 March 2018, the thresholds have been raised to 5 Billion Pesos for the Size of Person and 2 Billion Pesos for the Size of Transaction, up from 1 Billion Pesos each. 

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