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In Mediation

Philippines: Revised guidelines on court-annexed mediation and judicial dispute resolution in civil cases take effect on 1 March 2021

by and 5 Mins Read

In brief Recent developments The Supreme Court has issued Administrative Matter No. 19-10-20-SC or the 2020 Guidelines for the Conduct of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) in Civil Cases (“Revised Guidelines”), which took effect on 1 March 2021. Contents BackgroundHighlights of the Revised GuidelinesActions to consider Background The Revised Guidelines were issued in light of the amendments introduced by the 2019 Amendments to the Rules of Civil Procedure, which took effect on 1 May…

In Construction

Singapore: Making variation claims – the importance of written records

by , and 4 Mins Read

Written records are of primary importance in construction projects. Not only do they obviate disputes as to alleged happenings, but they also help focus the parties’ attention on any potential adjustment of the contract sum. In Vim Engineering Pte Ltd. v. Deluge Fire Protection (SEA) Pte Ltd. [2021] SGHC 63, the General Division of the Singapore High Court (SGHC) held that a contractor is not entitled to claim for variation works that were carried out pursuant to…

In Construction

Singapore: First Court of Appeal Decision on whether an employer can set off its claim for liquidated damages against a contractor’s payment claim

by , and 7 Mins Read

In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2021] SGCA 34, the Singapore Court of Appeal (SGCA) considered, for the first time, whether an employer has the right to set off its claim for liquidated damages against a contractor’s payment claim in an adjudication under the Building and Construction Industry Security of Payment Act (SOPA). The contractor’s payment claim was submitted on 2 December 2019, and the applicable statute was the pre-amendment Building and Construction…

In Asia Pacific

Asia Pacific: Commercial Litigation (Video Chat)

by and 1 Min Read

In brief The effect of the COVID-19 pandemic continues to dominate the world, bringing elevated level of instability to businesses across various industries. Such uncertainties have triggered the growth of different types of disputes, and have greatly influenced the way we solve these. In Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who…

In Class Actions

Australia: Settlement approval in class actions

by , and 8 Mins Read

In brief In the recent decision of Bywater v Appco Group Australia Pty Ltd [2020] FCA 1877, his Honour Justice Lee of the Federal Court approved a proposed settlement of a class action commenced against Appco Group Australia Pty Ltd. The decision highlights some of the persuasive factors a Court will consider in determining whether to approve a settlement where the proposed settlement sum is significantly less than the asserted value of a group’s claims. Key takeaways His…

In Asia Pacific

The Future of Disputes in Asia Pacific

by 2 Mins Read

As the COVID-19 pandemic continues to have a profound impact on businesses, companies have started to look at the medium- to long-term implications of this crisis. We have seen how various industries are embracing and accelerating digital transformation as a way to achieve operational efficiencies, meet business demands and in avoiding, mitigating and resolving disputes during this time. We invite you to join us on Friday, 21 May 2021 as we take a closer look at…

In Asia Pacific

Singapore DR Annual Video Series

by , , , and 1 Min Read

Our Singapore office has released its Dispute Resolution annual video series, where our speakers recap the highlights and developments in 2020. Please see full topic list and as well as the speakers for each and the link to all episodes: Episode 1: Restructuring and Insolvency by Emmanuel Chua. Access video here. Episode 2: Compliance by Celeste Ang. Access video here. Episode 3: Commercial Litigation by Kumar Ponniya: Access video here. Episode 4: Construction by Daniel…

In Asia Pacific

The Year Ahead: Developments in Global Litigation and Arbitration in 2021

by 1 Min Read

The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation volumes in some jurisdictions having already doubled, and our clients expect us to help them spot trends and plan for the future. Our report features economic analysis from The Economist Intelligence Unit, and legal analysis from our team of more than…

In Asia Pacific

Managing risks in construction contracts across Asia Pacific

by 1 Min Read

Baker McKenzie will host a webinar entitled: Managing risks in construction contracts across Asia Pacific, on 10 December 2020 focused on the latest developments and current landscape of the construction industry, common issues and risk areas, and best practices for avoiding or managing risks in construction contracts. The webinar will be moderated by Donemark Calimon, who will be joined by speakers Janice Tay (Malaysia), Aleisa Crepin (Australia), Tjen Wee Wong and Kim Hock Ang (Singapore) and…

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