If you want to transfer only the rights (i.e. benefits) from your contract to another person, an assignment is the right choice for you. During the subsequent roundtable, Judge Vinodh Coomaraswamy, who ruled on one of the most important cases in this area (Cassa di Risparmio di Parma e Piacenza SpA/ Rals International Pte Ltd [2016] 1 SLR 79), shared his views on why arbitration clauses are difficult to analyze in a transfer situation. Once you have found that your contract can be awarded, you can start preparing. Here is an example of a restriction of the novation clause (which also limits the allocation): there are two methods for transferring a contract to Singapore. If you only want to transfer the contractual rights, you can transfer the contract. On the other hand, if you want to transfer both the rights and obligations under the treaty, you can… The assignment must be made in writing and signed by the assignee; If you need legal advice when awarding or renewing the contract and/or establishing the documents necessary to execute a contract or innovation, you can contact one of our corporate and business lawyers. During the webinar, Professor Tham identified several aspects of public procurement law that do not correspond to the « substitution transfer » theory and proposed an alternative theory that a fair allocation should be seen as a reason for mere trust in relation to an agency, which better explains how the allocation rules work. According to Professor Tham`s model, an assignment operates by providing only confidence in the advantage of the elected agent in favour of the assignee, with a transfer of the transferee`s powers against the debtor to the assignee, while the assignee is exempt from any obligation to assert the delegated powers for the benefit of the assignee. In this case, a transfer has a double « confidence effect » and an « agency effect. » During the webinar, Professor Tham discussed the implications of his theory in various areas, including anti-attribution clauses, the application of the rule in Dearle v Hall and whether a compromise clause relating to a clause awarded in action binds the agent.

The assignment cannot be considered a royalty. The assignment cannot be made in return for the warranty. If all requirements are not met, the assignment remains valid. However, the assignee cannot directly sue the other contracting party. Following Professor Tham`s presentation, Professor Adrian Briggs discussed the legal solution for resolving the priority issue between the competing beneficiaries of the assignees, whose assignments are valid under their own legislation. It proposes that instead of applying the original debt law, we should respect the right of the assignee (which may be the residence or activity of the assignee).