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PRACTICE NOTES
Challenging the jurisdiction of the tribunal pre-award—Singapore’s Arbitration Act and International Arbitration Act Singapore has a dual arbitration regime with the Arbitration Act, 2001 (the ‘AA’) governing domestic arbitrations and the International Arbitration Act 1994 (the ‘IAA’) governing international arbitrations whether seated in Singapore or abroad. Both the AA and the IAA recognise the principle of separability, which treats the arbitration agreement as distinct and independent from the underlying contract. They also incorporate the doctrine of Kompetenz-Kompetenz which confers upon the tribuna authority to determine its own jurisdiction—including a determination that it does not have jurisdiction over the dispute between the parties. The High Court of Singapore in Malini Ventura v Knight Capital Pte Ltd observed that the UNCITRAL Model Law on International Commercial Arbitration (Model Law) confers upon the arbitral tribunal the power to determine whether it has jurisdiction to hear the disputes in question, including the validity and existence of the arbitration agreement.
PRACTICE NOTES
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABI Model Form of Guarantee Bond Form of performance guarantee bond produced by the Association of British Insurers (ABI) and commonly used in relation to construction projects, although it is often amended. See Practice Note: Amendments to ABI Model Form of Guarantee Bond. Acceleration Acceleration in construction law is generally understood to mean taking measures to speed up the works in order to complete them earlier than would otherwise be the case. See Practice Note: Acceleration of construction works, Precedent: Acceleration Agreement and Clause: Acceleration clause. ACE See Association for Consultancy and Engineering (ACE) below. Activity schedule List of activities the contractor expects to carry out in completing the works. Adjudication A statutory or contractual procedure by which a party to a construction contract has
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) (LTA 1954, s 23) provides for statutory security of tenure for most business tenancies. As a result, a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in LTA 1954. LTA 1954, s 38 parties cannot contract out of its provisions, save as permitted by LTA 1954, s 38. This allows that the parties can agree that LTA 1954, ss 24–28 do not apply, but such an agreement is void unless the landlord has
Q&As
In conducting our research we have focussed on above-threshold procurement exercises regulated by the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015). As a general rule, contracting authorities conducting a public procurement exercise must adhere to the rules of the procedure that have been indicated/advertised in the Official Journal of the EU (OJEU) contract notice. Subject to the comments below, this means that it is not possible to negotiate with tenderers in, for example, an open or restricted procedure tender process. In particular, the Court of Justice made clear in SAG ELV Slovensko that: ‘the principle of equal treatment of tenderers and the obligation of transparency resulting therefrom preclude, in [the restricted] procedure, any negotiation between the contracting authority and one or other of the tenderers’. For background reading, see Practice Notes: The legal framework and general principles of EU public procurement law and Transparency in procurement processes—pre-PA 2023 [Archived].
PRACTICE NOTES
This Practice Note provides an introduction to two types of cargo carrier, common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only and not the carriage of passengers. Definition of carrier A ‘carrier’ can be simply defined as a person who carries cargo (or indeed carries passengers but passenger carriage is outside the scope of this Practice Note) for the benefit of other persons, whether gratuitously or for payment (or reward). The types of carrier are: • common carriers • private carriers • other types of carriers with special rights and duties For the avoidance of doubt, the following are not carriers: • stevedores • forwarding agents who merely arrange or procure carriage by others While they are not carriers for the purposes of this Practice Note, it is worth mentioning that logistics companies will often contract with their
NEWS
Commercial analysis: The Commercial Court has granted an application for summary judgment brought by Moeve Trading S.A.U. (the Sellers) against Mael Trading FZ LLC (the Buyers) in an action for the price of goods under section 49(1) of the Sale of Goods Act 1979 (SGA 1979). In doing so, the court confirmed the position on a buyer’s liability for payment of the price where a letter of credit (LC) has been issued, but the bank has not paid out so that the shipping documents have not been transferred directly to the buyer. Written by Andrew Meads and Lucy Wickham of Hill Dickinson.
NEWS
Dispute Resolution analysis: Mr Justice Males has provided a clear illustration of the court’s approach when considering whether the actions of a party to an agreement amount to a repudiatory breach (whether individually or cumulatively) entitling the other party to accept the repudiation and bring the agreement to an end. As discussed in detail below, the judgment considers, in particular, the Heisler qualification and the court’s approach when faced with the potential overlap between the common law of repudiation and contractual provisions dealing with material breach.
PRACTICE NOTES
Updated in December 2025 Introduction Germany is the strongest economy in Europe and one of the largest worldwide. Its central location in the middle of Europe brings with it a closely-tied infrastructure network. Germany offers outstanding economic conditions and enjoys a good reputation among foreign investors. Consequential structural reforms and a moderate development of unit labour costs have significantly improved the competitiveness of German businesses. The excellent infrastructure and highly-qualified workforce are further factors that contribute to sustainable business success. The German Federal Government has recently expanded its spending in an unprecedented way, especially on infrastructure expenditures. The German legislator has also expanded depreciation options and decided to reduce corporation taxes. There are a variety of ways of structuring an operation in Germany. The aim of this Practice Note is to highlight some of the key areas that a new business will need to address before it begins to operate in Germany. This Practice Note should not be considered to be an all-inclusive guide and specific German legal advice should always
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Background Established in 1966, the Korean Commercial Arbitration Board (KCAB) first introduced a separate set of International Rules in 2007, which was amended in 2011 and further amended in 2016. The 2016 International Arbitration Rules of the KCAB (2016 International Rules), which came into effect on 1 June 2016, reflecting the developments in international arbitration at the time. The 2016 International Arbitration Rules marked the 50th anniversary of its founding, and also coincided with the first major amendment to the Korean Arbitration Act since 1999. The enactment of the Arbitration Industry Promotion Act in June 2017 signalled continued Korean government support to develop Korea as a leading hub for international arbitration, with government funding for arbitral institutions including the KCAB, as well as support for arbitration practitioners, research and infrastructure in Korea. KCAB International was launched in April 2018 as a specialised division under the KCAB to administer
PRECEDENTS
To: The [ directors OR partnership] [Insert the Buyer’s name, address and (if applicable) company registration number] Dear [insert organisation name] [Insert the name and address of the Property] (the ‘Property') 1 Scope of this report and reliance This report has been prepared for your sole benefit in connection with your proposal to buy the Property from [insert name and address of Seller] (the ‘Seller') for a price of £[insert price][ plus VAT]. You have informed us that this is a purchase for development of the Property. This report is based upon our review of the Seller’s title, the replies to enquiries given by the Seller and search results. The results of our investigation are set out in this report, comprising this letter and the annexures. This report may not be disclosed to or relied upon by any other party without our prior written consent. 2 Opinion We are of the opinion that, subject to the matters referred to in this report, upon completion of the purchase of the Property, payment of the land and buildings transaction tax (LBTT)
PRACTICE NOTES
Terminology In bai salam transactions the buyer is called rabb-us-salam, the seller is called muslam ilaih, the purchase price is ra’s-ul-mal and the asset is called muslam fih. Given the historic origins of Shari'ah principles and jurisprudence in general and those underlying the development of bai salam, much of the terminology revolves around commodities and, in particular, agriculture. Since the application of most Shari'ah structures has expanded to accommodate a wider variety of circumstances and more current situations, this Practice Note will refer to 'assets' rather than 'commodities'. It is important to note that not all assets qualify for use in a bai salam structure (see below in relation to ' Excluded assets'). The origins of bai salam stretch back to the earliest days of Islam in order to meet the needs of farmers and agricultural workers who needed money in order to produce crops and a subsequent harvest. Bai salam is also frequently referred to as bay salam, bai al-salam,
PRACTICE NOTES
Updated in June 2026 Introduction Ireland is consistently ranked as one of the most attractive locations globally in which to establish international operations. Ireland has attracted some of the world’s largest companies to establish operations, including in the global technology, pharmaceutical, biosciences, manufacturing and financial industries. The attraction of Ireland as a business location can be attributed to the positive approach of successive Irish governments to the promotion of inward investment, its membership of the European Union (EU), a very favourable corporation tax rate and a skilled and flexible labour pool. It is the combination of these and other factors that makes Ireland such a strong location for foreign direct investment. There are a variety of ways of structuring business operations in Ireland. The aim of this guide is to highlight some of the key areas that need to be addressed when considering whether to establish in Ireland. This guide should not be considered to be 'all-inclusive' and specific Irish legal and tax advice should always be sought before setting up and running a business