Samsung E&A Thailand Co Ltd and another v Linklaters LLP and others - 2026 SGHCR 31 - 4 August 2026

Country
Year

2026

Summary

HC/SUM 1526/2026 ("SUM 1526") is an application by the claimants ("Claimants") in HC/OA 9/2026 ("OA 9") to compel the defendants ("Defendants") to produce 34 categories of documents. In OA 9, the Claimants are applying for injunctions to disqualify the first to third defendants, who are solicitors of an international law firm operating across jurisdictions, from acting for the fourth defendants in an arbitration.

SUM 1526 was heavily contested in many respects. Arguments raised included whether a Singapore court has the supervisory power to restrain solicitors from acting in a Singapore-seated arbitration based on conflict of interest; the materiality of the documents sought; whether the documents were protected by legal advice privilege; whether there was waiver of that privilege; whether judicial inspection should be ordered; and whether this is a special case for the production of internal and private correspondence.

I allow the application in part for the reasons that follow. As aspects of this judgment mention information that is confidential and redacted in OA 9, the judgment is issued to the parties in unredacted form but published with redactions.

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