August 2023 • Issue No. 65
 

Upcoming Events

Date Title
21 Sept 2023
 
SCL (Singapore) – ISAF Joint Conference 2023: Adjudication in the Age of Collaborative Contracting
 
4 Oct 2023
 
Mastering Infrastructure Arbitration: Navigating Complex Cases with Legal Expertise and Technical Acumen
 
9 Nov 2023
 
Empowering Construction Arbitration: Unlocking the Potential of Third-Party Funding
 

View details of
SCL(S) Council 2022-2024


 Click here


Welcome to new SCL(S) Members

July 2023 to August 2023
 
1. Siew Uan Foo
2. Nicolas Vergès
3. Helen Hyunkyung Lee
4. Margarita Slavina
5. Sing Yee Hang
6. Samuel Tio
7. Darren Bernardo
8. Kok Hua Suey
9. Jasmine chan
10. Senthil Dayalan
11. Si Ming Ng
12. Seamus O'Doherty
13. Colm Canavan


Post Event Updates

SEMINAR: CONSIDERING COLLABORATIVE CONTRACTING FOR SINGAPORE: A discussion on the Singapore Academy of Law (SAL)’s Guide to Collaborative Contracting

(18 May 2023)


 



Construction Law 101 (13th Run):
Sessions 1 - 4 

(21, 23, 28, 30 March 2023)


 


Networking Cocktails 2023

(1 March 2023)


 


Annual Construction Law Update 2023

(31 January 2023)



 

SCL (Singapore) 3rd "Focus on Asia Conference" 2022: Construction Post Covid – Getting Back to Business?

(28 October 2022)



 


SCL (Singapore) Annual General Meeting 2022

(4 August 2022)



 


Honorary Treasurer's Message - August 2023


Trevor Lam
Dear fellow SCL(S) members

Welcome to the 65th edition of our SCL(S) newsletter!

As Treasurer of SCL(S), I would like to thank all our members for your support, contribution and attendance at our various events, which provides valuable revenue for the continued sustainability of the Society.

The Society is continuing to work hard in ensuring that its members are provided with knowledge sharing, education, study and research in the field of construction law in tandem with valuable networking benefits, such as the AGM & Annual Dinner, which will have just been held by the time this newsletter hits your respective desks!

As we continue into a busy and exciting period of the year for the Society, with our main Annual Conference coming up soon (which this year is being hosted as a hybrid event in collaboration with ISAF and will delve into matters interrelated to ‘Adjudication (Dispute Resolution) in the Age of Collaborative Contracting’ (Thursday, 21 September 2023, 8.45am – 5.00pm (GMT+8)), I would like to encourage those that haven’t yet, to register for the event to avoid any disappointment of missing out.

In my secondary role in the Society as the Chair of the Social Media Engagement Committee, I would like to thank those of you who are following our LinkedIn page. We regularly update the platform to promote and...


Samuel Widdowson
Honorary Treasurer, SCL (Singapore)

Announcement(s)

Register for our annual Construction Law Conference Today!

In this Conference, the International Statutory Adjudication Forum (ISAF) will unveil its proposed Model Law On Statutory Adjudication, which draws upon the experiences of international practitioners from across the globe. The intention of the Model Law on Statutory Adjudication is to provide states who are considering the enactment of a statutory adjudication regime with a draft law which embodies best current practice which may be either adopted or adjusted to suit local conditions. The speakers will also share their experiences on collaborative contracting forms and processes, and their reflections on their efficacy in the avoidance and resolution of disputes in the construction industry.


For more details and to secure your place for the Conference, please REGISTER HERE.

For enquires, please email to secretariat@scl.org.sg

Article(s)

Collaborative Contracting in Construction Projects – A new frontier

  1. Collaborative contracting, the new buzzword in the construction industry, is a loosely defined contracting model where the project owner and the project participants enjoy a greater co-operative working relationship in the construction of a project.
  2. This varying degree of co-operation is manifested in the different variations of the collaborative contracting model. The contractual form may (but not necessarily) include[1].
    1. express obligations to cooperate;
    2. contractual early warning and risk management procedures or mechanisms for the parties to discuss and collaborate on solutions;
    3. payment arrangements which financially motivate the project participants...
Contributed by: Joanna Seetoh  & Chua MingHao - Harry Elias Partnership LLP

Enforcement of Procedural Timelines in Arbitrations

A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date.

It is often said that arbitral tribunals are the masters of their own procedure. However, there are limits to the powers available to tribunals to sanction parties which fail to adhere to procedural deadlines or to comply with agreed procedures. Unfortunately, frustration among users with a lack (or perceived lack) of sanctions to effectively manage defaulting parties in arbitration is common.

In the recent decision of CYW v CYX [2023] SGHC(I) 10, the SICC considered the extent to which an arbitral tribunal can exclude evidence after a specified date. The SICC decision, which was handed down on May 31, 2023, illustrates the Singapore courts' deferential approach to the review of procedural decisions by...


Contributed by: Elizabeth Cole (Singapore); James Egerton-Vernon (Washington); Annie Leeks (Brisbane); Zac Sharpe (Singapore); Dr. Johannes Willheim (Frankfurt)

The authors are lawyers at the global law firm Jones Day.

The views and opinions set forth herein are the personal views or opinions of the authors; they do not necessarily reflect views or opinions of the law firm with which they is are associated.


Latest Post Event Updates

SEMINAR: Navigating Ambiguities in Construction Contracts: Challenges, Considerations and Best Practices

(20 July 2023)

On 20 July 2023, we gathered for an illuminating discussion led by a panel featuring Mr Adrian Wong (Head of Projects, Herbert Smith Freehills Prolegis Formal Law Alliance; Director, Prolegis LLC; Secretary, Society of Construction Law (Singapore)), Mr Toh Chen Han (Partner, Pinsent Masons MPillay LLP) and Mr. Zaheer Minhas (Partner, Accuracy), on ambiguity in construction contracts. The session was chaired and moderated by Ms Moon Kua (Associate Director, Driver Trett; Chair, Society of Construction Law (Singapore)).

Speaking from their deep experience, the panellists shed light on some of the underlying reasons for the continued persistence of contractual ambiguity, and highlighted important considerations and practical insights in such situations. The session kicked off with Mr Adrian Wong and Mr Toh Chen Han sharing their legal perspectives on contractual ambiguity, from a drafting and disputes point of view, respectively. Mr Zaheer Minhas then offered...

Contributed by: Glenn Sim - Pinsent Masons

 


 

















 
Newsletter Editors:  Chris Rudland & Chan Yong Neng

Society of Construction Law (Singapore)
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www.scl.org.sg

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