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Legal Updates

Legal Updates for June 2019

Singapore International Commercial Court Issues First Judgment on Arbitration
The Singapore International Commercial Court ("SICC") has issued its first judgment dealing with arbitration proceedings. In BXS v BXT [2019] SGHC(I) 10, the SICC faced an application to set aside an arbitral award, as well as an application to strike out the setting aside application on the ground that the three-month time limit had expired. The SICC issued a judgment that confirmed that the three-month time limit was mandatory, and also dealt with whether the SIAC's appointment of a sole arbitrator in expedited proceedings was a grounds for challenge when the parties had agreed to three. The Defendant was successfully represented by Paul Tan, Alessa Pang and David Isidore Tan of Rajah & Tann Singapore LLP on instructions by Allen & Overy.

Enforcement of Adjudication Determinations by Claimants in Liquidation
In Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11 (“Seymour Whyte”), the NSW Court of Appeal unanimously held that as a matter of construction, the Building and Construction Industry Security of Payment Act 1999 (NSW) (“NSW SOP Act”) is capable of operating for the benefit of a builder or subcontractor which has gone into liquidation. In reaching its decision, the NSW Court of Appeal held that the Victorian Court of Appeal decision in Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247 was “plainly wrong” and should not be followed.

This update provides a summary of Seymour Whyte and the ruling of the Court in that case. It also looks at the implications that the case will have in the Singapore context, given that Singapore’s Building and Construction Industry Security of Payment Act (Cap 30B) (“SOP Act”) was largely modelled after the NSW SOP Act.

COMPETITION BITES 2019 - Issue 2
Welcome to our Issue 2 of Competition Bites, providing you with updates of key developments primarily across South East Asia! In this quarterly competition law update, we discuss, among others, the setting-up of the National Competition Commission in Vietnam, the long-awaited IP Guidelines in Malaysia and the first abuse of dominance case in the Philippines. Focus for this issue is Indonesia's long-awaited new regulation on case handling procedure.

Hong Kong Competition Tribunal Issues its First Two Infringement Decisions
On 17 May 2019, the Hong Kong Competition Tribunal issued its first two infringement decisions under the Hong Kong Competition Ordinance. The first case involved five IT companies that were alleged to have engaged in bid-rigging and the second case involved ten renovation contractors that were alleged to have entered into price-fixing and market sharing agreements. The two cases mark the arrival of enforcement of competition law in Hong Kong, and is a reminder to businesses operating across Asia to review competition concerns as they develop their strategies. This Update provides a summary of the Tribunal’s decisions of the two cases and touches on some critical issues.

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