Litigation & Dispute Resolution Highlights 2018

01 May 2019 Litigation & Dispute Resolution Highlights

2018 was another landmark year for our litigation and dispute resolution practice.

We remain ranked in Tier 1 in Dispute Resolution by The Legal 500: Asia-Pacific 2019. We are also recognised for our expertise in Dispute Resolution and International Arbitration in Chambers Asia-Pacific & Chambers Global 2019, Asian-Mena Counsel’s Firms of the Year 2018, and Benchmark Litigation Asia-Pacific 2018.

In addition, we are recognised as one of the Top 100 Arbitration Firms in the world by Global Arbitration Review (GAR) 100, 2019 (for the ninth year running) and won the Asialaw & Benchmark Litigation Asia-Pacific Dispute Resolution Awards 2018 for Best Domestic Arbitration Firm of the Year and Matter of the Year (acting against the Kingdom of Lesotho in an investment treaty arbitration involving claims in excess of US$1.9 billion for expropriation of diamond mining leases and in an application to set aside an investment treaty award finding the State liable for denial of justice in relation to its role in the shuttering of the South African Development Community Tribunal), and the IFLR Asia-Pacific Awards 2019 for Deal of the Year: Restructuring (Noble Group).

Among other highlights, we acted in:

  • The landmark decision of Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301 [2018] SGCA 50, where the Court of Appeal held that the tort of malicious prosecution is not extended to civil proceedings generally, and that the tort of abuse of process in not recognised in Singapore.
  • Teng Wen-Chung v EFG Bank AG, Singapore Branch [2018] SGCA 60, where the Court of Appeal affirmed the summary judgement in respect of a US$200 million claim over an indemnity agreement in spite of claims that the agreement was unenforceable as a result of foreign illegality, and questioned the continued application of the test relating to contractual illegality laid down in the English case of Euro-Diam Ltd v Bathurst [1990] 1 QB 1.
  • Thio Syn Kym Wendy and others v Thio Syn Pyn and another [2019] SGCA 19, where the Court of Appeal agreed with the High Court on legal principles on the applicability of minority discounts, particularly where the company is not a quasi-partnershhip.
  • The significant decision of Buni Armada Offshore Holdings Limited and Ors v Tozzi Srl (formerly known as Tozzi Industries SpA) [2018] SGCA (I) 05, where the Court of Appeal's decision against a first instance decision of the Singapore International Commercial Court ("SICC") in clarifying the requirements for providing a tort of inducement in the context of a parent company's alleged inducement of a breach by its subsidiary, has added significantly to the jurisprudence of the SICC.
  • Koh Keng Chew & Ors v Liew Kit Fah & Ors [2018] SGHC 262, where the High Court affirmed that discounts to share valuations under buyout orders are to be applied only where just and equitable; a discount for lack of control or lack of free transferability cannot be justified as just and equitable simply on he ground that it is common in transactions between willing buyers and willing sellers.
  • Nanyang Medical Investments Pte Ltd v Kuek Bak Kim Leslie and others [2018] SGHC 263 where the High Court dealt with contractual provisions, in particular, whether certain provisions in call option agreements constitued unenforceable penalties.

We are pleased to share with you some highlights of 2018 which have contributed to our continued recognition in the market.

To view the update, please download the document from the link below.