In relation to the right to impose liquidated damages (“LDs”) for a terminated contract, the UK Supreme Court endorsed the “orthodox analysis” in the case of Triple Point Technology, Inc v PTT Public Company Ltd  UKSC 29. The relevant contractual provision stipulates the contractor’s liability for liquidated damages “from …Continue reading
Author: Yvonne Foo
Maeda v Bauer – a glimpse into how the FIDIC 2017 Ed notice provisions are to be read?
In order to protect one’s entitlement to claims, it is imperative to fully comply with claim notification requirements which are expressed as conditions precedent to one’s entitlement to claims. In the Hong Kong Court of Appeal case of Maeda Kensetsu Kogyo Kabushiki Kaisha also known as Maeda Corporation and Another …Continue reading
“Better say first” – Fatal failure of the arbitration process needs to be fairly intimated to the tribunal at the appropriate time
In the case of China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another  SGCA 12, the contractor seeking to set aside an arbitral award made in favour of the owners of the power generation plant was unsuccessful before the Singapore Court of Appeal. The arbitration was …Continue reading