Francis Xavier SC, Mohammed Reza, Chou Tzu, Low Yi Yang and Jared Kok from the Commercial Litigation Practice acted for Holcim (Singapore) Pte Ltd ("Holcim") in an appeal against a High Court decision (rendered in November 2009) to enter an interlocutory judgment against Holcim for breach of contract. This appeal was just one of a string of disputes relating to the Indonesian sand ban announced in 2007. The issue in this case was whether Holcim was entitled to rely on a force majeure clause to discharge itself of its obligations, notwithstanding the possibility of procuring sand from the Building & Construction Authority. This case was unique as this was the first time that the Singapore Court had to consider the ambit and scope of a force majeure clause that reduced the factual threshold required to trigger the discharge. We are awaiting the decision of the Court of Appeal.
Date of Story:26 July 2010
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