Author: SMU Lexicon

In keeping with the principle of minimal curial intervention, Singapore courts are extremely reluctant to intervene in the conduct and outcomes of arbitral proceedings, outside of the avenues permitted by the UNCITRAL Model Law on International Commercial Arbitration or the International Arbitration Act. While dissatisfied parties may nonetheless attempt to devise creative tactics to get around this principle, the case of Republic of India v Vedanta Resources plc demonstrates that the courts are both highly sensitive to and extremely critical of any attempts to do so, as such attempts would be regarded as improper and vexatious, and constitute an abuse of the processes of the court.

When a contract is breached, the general rule in assessing damages is that the innocent party should be compensated with a sum that would place them in the same position they would have been in had the contract not been breached. Often, those damages will be calculated based on the conditions at the time of the breach, a rule known as the “breach-date” rule. In iVenture Card Ltd v Big Bus Singapore City Sightseeing Pte Ltd, the Court of Appeal considered whether disruptive external events occurring after the breach such as the Covid-19 pandemic could be taken into account to reduce the amount of damages the innocent party receives.

The Prevention of Corruption Act (PCA) penalizes those who engage in corruption. Section 13(1) of the PCA states that a court may order a person convicted of an offence under the PCA to pay a penalty equal to the amount or value of the bribe. In Public Prosecutor v Takaaki Masui, the SGCA decided that monies already returned, repaid or disgorged by the authorities should be deducted from the penalty imposed under section 13(1) of the PCA, as it serves to prevent corrupt recipients from retaining their ill-gotten gains.

The Riddick Undertaking refers to an implied undertaking not to use documents disclosed during discovery for any collateral purpose. In Ong Jane Rebecca v Lim Lie Hoa, the Court of Appeal laid out a framework delineating the approach that should be taken in cases involving the Riddick undertaking. This framework explains the extent and scope of the Riddick undertaking, and clarified the situations in which parties seeking to use disclosed documents are required to seek leave of court.

Finality and justice are twin pillars of the criminal justice system. A presumption of finality attaches to every judgment rendered by the court, lending credence to the notion that justice has been done and may be treated as having been done. Only in exceptional cases may applicants may successfully have their case readjudicated based on subsequent changes to the law. In PP v Pang Chie Wei, the apex court considered where the delicate balance between finality and justice properly lies.