ABLI and the Singapore Academy of Law held an event on Practical Issues in Contract Law: Barriers to Cross-Border Business in Asia on Tuesday, 14 March 2017.
The global financial crisis in 2008 and the Asian-led recovery has highlighted the importance of Asia to world economic growth. One of the major factors behind Asia’s rise—in this “the Asian Century”—has been Asia’s investment in infrastructure, particularly cross-border infrastructure investment.
In this climate, issues regarding the interpretation and enforceability of contracts in the region become pertinent. This is particularly so given the diversity of Asia’s legal environment—a region with diverse legal traditions (civil law, common law and mixed) and differing approaches to commercial issues.
ABLI is thus examining issues which arise in commercial contracts in the Asian engineering and construction industries and the extent to which those issues present barriers to cross-border business in Asia.
During this event, Sir Bernard Rix gave a lecture on the interpretation of contracts under civil and common law. Sir Bernard’s lecture was followed by a panel discussion in which experts in the field discussed potential pitfalls when contracting in Asia, such as liquidated damages clauses, dual language contracts and termination rights.
Speaker at the event were Sir Bernard Rix, Former Lord Justice of Appeal, Court of Appeal of England and Wales, Associate Professor Gary Bell, Director, Asian Law Institute, National University of Singapore, Kathryn Ho, Senior Managing Counsel (Downstream & Chemicals Law – Asia, Europe, Middle East & Africa) at Chevron International Pte. Ltd., Nandakumar Ponniya, Principal, Baker & McKenzie Wong & Leow, Soh Lip San, Head, Construction and Projects, Rajah & Tann Singapore LLP, and Shantini Sanmuganathan, Group General Counsel, Singtel Group.
Associate Professor Goh Yihan, Associate Dean (Research) at School of Law, Singapore Management University, was the moderator.
