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COSCO Shipping Specialised Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others and another matter [2024] SGCA 50 What are the practical implications of this case? This decision offers a concise distillation of the governing principles for assessing whether foreign litigation falls within the scope of an arbitration clause—and is thus brought in contravention of that clause—for the purpose of seeking an anti-suit injunction. It furnishes significant guidance on the bearing of cognate jurisprudence concerning applications to stay court actions in favour of arbitration under s 6 of the Singapore International Arbitration Act 1994, and sets out the proper yardstick for deciding whether there is a ‘dispute arising out of or in connection with’ the parties’ contract where a contractual defence, or a reasonably foreseeable contractual defence, exists to a tort claim, and/or where a contractual cross‑claim is generated by the tort claim. On the facts, the court concluded that Indonesian court proceedings advancing a tortious cause of action had been started in breach of...
This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 (CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms. Nonetheless, MWPA 1882, s 17 remains operative and, together with other legislation widening its scope, offers a discrete procedural pathway enabling the court to make whatever order it deems appropriate where necessary in relation...