The New Contractual Interpretation in Singapore: From Zurich Insurance to Sembcorp Marine
Goh Yihan
Citation: [2013] Sing JLS 301
This article seeks in three ways to contribute to the continued refinement of contractual interpretation in Singapore following Zurich Insurance and, more recently, Sembcorp Marine. First, it identifies the key rulings of lawderived from the cases. From these will be distilled the relevant issues in contractual interpretation. In the particular context of Singapore,contractual interpretation encompasses related issues such as the admissibility of extrinsic evidence to interpret contracts and the substantive method used to interpret contracts. It is important to identify and distinguish between the exact issues because their conflation will lead to confusion in an area already affected by much complexity due to the concurrent application of statutory and common law principles. Second, this article evaluates the courts' approaches to those issues. The principal difficulty, as will be seen, is that there is a need to distinguish between statutory and common law principles. This is affected by the perceived need_x000D_
of adhering to the modern commercial reality of contextual interpretation, while balancing that with_x000D_
binding statutory materials. Third, this article suggests some possible reforms in the future. It_x000D_
considers whether it is possible to achieve a commercially sensible approach while keeping within_x000D_
the statutory constraints that bind the courts, or whether legislative reform is required.