Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 highlights the importance of expressly stating the law governing the arbitration agreement. In this case, the parties used a general choice of law clause in the Shareholder’s Agreement, with the governing law stated to be Indian law, and disputes to be resolved by arbitration […]

Businesses face significant financial impact due to data breaches. These can include remediation and IT forensics investigation costs, notification costs to affected individuals, legal fees arising from regulatory investigations and fines, reputational damage, and business interruption losses. Given such financial ramifications, there is a growing trend in Singapore for organisations to consider recovering such expenses […]

There can be multiple potential causes of loss or damage, arising along a ‘chain of causation’. In those circumstances, when assessing policy coverage, it is important to know where / when the chain starts and ends. In Allianz Insurance PLC v The University of Exeter [2023] EWHC 630, the English High Court ruled that a […]

Insurers should properly assess if their defence is one of liability and/or quantum, as it might affect which dispute resolution mechanism is available, especially for policies that provide a multi-tiered dispute resolution regime. This is re-illustrated in the recent English decision of DC Bars Ltd and another v QIC Europe Ltd [2023] EWHC 245 (“DC Bars”). Background […]

The Singapore Court of Appeal’s recent decision in Reed, Michael v Bellingham, Alex (AG, intervener) [2022] 2 SLR 1156 (“Reed v Bellingham”) clarifies the ambit of the right of private action under Section 32 (now Section 48O) of the Singapore Personal Data Protection Act 2012 (“PDPA”). This can potentially increase the risk of litigation for […]

The Singapore Personal Data Protection Commission (“PDPC”) published its latest enforcement decisions and voluntary undertakings yesterday (17 April 2023). In total, there were 2 enforcement decisions (Tai Shin Fatt case and OrangeTee case) and 1 voluntary undertaking (Tat Hong Heavyequipment case) published. In this client update, we summarise the decisions and undertakings and present our key takeaways. Key takeaways: […]

Singapore’s insurance regulator (the Monetary Authority of Singapore (“MAS”)) has, in a circular of 22 February 2023 (“MAS Circular ID 03/23”), issued its revised expectations for licensed insurers regarding notification of data breaches to the MAS. MAS Circular ID 03/23 supersedes MAS Circular No. ID 10/14 in which the latter relates to a licensed insurer’s […]

A Practice Note outlining the Chinese courts’ practices in relation to foreign-related litigation and arbitration matters and the clarifications issued by the Supreme People’s Court on 31 December 2021 in a judicial paper titled “Meeting Minutes of the National Court’s Symposium on Foreign-Related Commercial and Maritime Trials”. On 31 December 2021, the Supreme People’s Court (SPC) of China […]

Year on year, the emphasis on climate-related issues increases, and as COP27 came to an end, emphasis has been placed on who can make the most substantial change. In the UK a positive burden is placed on large corporate entities and financial institutions to report on how the company is managing issues such as environmental […]

Cryptocurrency regulation in Singapore has seen significant developments in the last 10 years Since June 2013, the Monetary Authority of Singapore (“MAS”) has been cautioning consumers and businesses of the significant risks associated with virtual currency transactions. Following the boom in initial coin offerings (“ICO”) in 2016, the MAS clarified in August 2017 that ICOs must […]