Agreement to Negotiate in Good Faith Upheld

06 Sep 2012

This update discusses the recent Court of Appeal decision in HSBC Institutional Trust Services (Singapore) Ltd (trustee of Starhill Global Real Estate Investment Trust) v Toshin Development Singapore Pte Ltd [2012] SGCA 48.

The Court of Appeal held that an express contractual clause directing contracting parties to negotiate in good faith can be valid and enforceable law. In its judgment, the Court of Appeal also elaborated on the concept of good faith and examined the issue of confirmation bias.

To read the update, please click here.