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Articles 1 - 30 of 121
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Reconceptualising Fiduciary Regulation In Actual Conflicts, Man Yip, Kelvin Low
Reconceptualising Fiduciary Regulation In Actual Conflicts, Man Yip, Kelvin Low
Research Collection Yong Pung How School Of Law
Tis article reviews the fiduciary duty to avoid actual conflicts. It argues that the duty to avoid actual conflicts adds limited substantive value to fiduciary accountability. Its present form has also contributed to widespread misconception of what should be expected of an unfortunate fiduciary who finds themselves in such a position. In this respect, we propose that many of the modern scenarios involving actual conflicts of duties or conflicts of duties and interests are better analysed not in terms of conflict avoidance but in terms of conflict management. Our analysis paves the way for thoughtfully working out what the fiduciaries’ …
Transformative Governance Of Biodiversity: Insights For Sustainable Development, J. Visseren-Hamakers Ingrid, Jona Razzaque, Pamela Mcelwee, Esther Turnhout, Eszter Kelemen, Graciela M. Rusch, Álvaro Fernández-Llamazares, Ivis Chan, Michelle Mei Ling Lim, Et Al.
Transformative Governance Of Biodiversity: Insights For Sustainable Development, J. Visseren-Hamakers Ingrid, Jona Razzaque, Pamela Mcelwee, Esther Turnhout, Eszter Kelemen, Graciela M. Rusch, Álvaro Fernández-Llamazares, Ivis Chan, Michelle Mei Ling Lim, Et Al.
Research Collection Yong Pung How School Of Law
While there is much debate on transformative change among academics and policymakers, the discussion on how to govern such change is still in its infancy. This article argues that transformative governance is needed to enable the transformative change necessary for achieving global sustainability goals. Based on a literature review, the article unpacks this concept of transformative governance. It is: integrative, to ensure local solutions also have sustainable impacts elsewhere (across scales, places, issues and sectors); inclusive, to empower those whose interests are currently not being met and represent values embodying transformative change for sustainability; adaptive, enabling learning, experimentation, and reflexivity, …
New Civil Procedure Rules In Singapore, Adeline Chong
New Civil Procedure Rules In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Scope Of Duty, Counterfactual Analysis And Birth Defects: The Challenging Case Of Khan V Meadows, Kee Yang Low, Jordan Ting Xuan Chia
Scope Of Duty, Counterfactual Analysis And Birth Defects: The Challenging Case Of Khan V Meadows, Kee Yang Low, Jordan Ting Xuan Chia
Research Collection Yong Pung How School Of Law
The tort of negligence has evolved into a sophisticated and calibrated framework. Even then, aspects of this elaborate structure are constantly being tweaked and, sometimes, challenged. Most recently, in the UKSC decision of Khan v Meadows, the spotlight is thrown on scope of duty analysis against the challenging backdrop of medical negligence and unwanted birth defects. The judgment of the majority suggests there is more that needs to be considered at the stage of damages, and that the sequential framework of negligence may benefit from some rearrangement.
China And E-Commerce: The Long And Winding Road, Henry S. Gao
China And E-Commerce: The Long And Winding Road, Henry S. Gao
Research Collection Yong Pung How School Of Law
Although it joined the World Trade Organization in 2001, China has largely kept silent on the e-commerce discussion and only made its first submission in this regard in 2016.
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
An idea that has gained significant traction in both case law and academic commentary as a justification for the protection of legitimate expectations is the concept of ‘good administration’. Going beyond the usual criticisms of the concept’s ambiguity, this article aims to highlight an additional set of difficulties with the invocation of ‘good administration’ as the normative justification for the doctrine. This article’s central argument is that the concept of ‘good’ invoked by the idea of ‘good administration’ inevitably falls to be substantiated by a particular conception of what the ‘good’ requires as a matter of political philosophy. And given …
Stamp Duty Traps To Watch Out For, Hern Kuan Liu, Vincent Ooi
Stamp Duty Traps To Watch Out For, Hern Kuan Liu, Vincent Ooi
Research Collection Yong Pung How School Of Law
On 15 December 2021, the Ministry of Finance introduced a new package of measures designed to cool the residential property market. The measures include increases in Additional Buyer’s Stamp Duty (“ABSD”), the tightening of the Total Debt Servicing Ratio, adjustments to the Loan to Valuation limit for loans from HDB and a planned increase of housing supply.Notably, there were significant increases in the ABSD rates applicable to almost all categories of buyers. The ABSD rates only remained unchanged for Singapore Citizens and Permanent Residents purchasing their first residential property (0% and 5% respectively). This article focuses on the implications of …
The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson
The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
What is the predominant function of ethics for the mediation profession in Singapore? Do ethical principles assume greater significance in light of increasing institutionalisation of mediation programmes in Singapore? What can mediators, mediation advocates and mediation institutions do to ensure consistent adherence to ethical standards? These and other related issues were discussed in a webinar organised by the Singapore Academy of Law in May 2021 featuring Lim Tat, Chuan Wee Meng and this author as panellists, together with See Chern Yang as moderator. This article highlights the notable discussion points of the webinar, including the significance of mediation ethics, common …
Extraterritoriality Of Chinese Law: Myths, Realities And The Future, Zhengxin Huo, Man Yip
Extraterritoriality Of Chinese Law: Myths, Realities And The Future, Zhengxin Huo, Man Yip
Research Collection Yong Pung How School Of Law
While China strongly opposes the US practice of ‘long-arm jurisdiction’, it has decided to build its own legal system of extraterritoriality. This paradox reflects the crossroads at which China finds itself currently. Being a country weaker than the sole global superpower, it needs to stand firmly against the American ‘legal bullyism’ by invoking the shield of territorial sovereignty. Yet, as an emerging world power, it is in China’s interest to establish a legal system of extraterritoriality to safeguard its own national interests that extend globally. This article has two aims. First, it provides a comprehensive overview of the current model …
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
Research Collection Yong Pung How School Of Law
While sustainability has always been an important policy imperative in Singapore, the advent of the Singapore Green Plan 2030 marks a significant development in this regard. Announced in February 2021, the Green Plan represents a concerted national-level strategic shift towards advancing the sustainability agenda in Singapore. With sustainable development now being a ‘major policy priority’, it is inevitable that the Green Plan will have important legal implications, each of which will be identified and analysed in this paper. More broadly, however, the paper also suggests that the Green Plan will open up valuable opportunities for environmental law to receive greater …
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary’s role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this paper aims to explore avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in …
Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi
Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi
Research Collection Yong Pung How School Of Law
Miners, forgers, hobbyists, traders – different rules apply. Just don’t assume crypto investment is somehow immune to taxation.
China Meets Digital Currency: E-Cny And Its Implications For Businesses, Heng Wang
China Meets Digital Currency: E-Cny And Its Implications For Businesses, Heng Wang
Research Collection Yong Pung How School Of Law
China is likely to be the first major economy to issue central bank digital currency (CBDC). China’s CBDC, e-CNY, may lead to a new ecosystem that would profoundly affect business, product offerings and business practice. E-CNY is likely to affect both local and international businesses, particularly those with a presence in China or those who commonly transact with Chinese actors. There is also the possibility of e-CNY use outside of China. If China’s CBDC practice and standards affect international practice (such as through standard making), e-CNY has the potential to affect the broader businesses community. This article discusses the following …
Building Legal Datasets, Jerrold Soh
Building Legal Datasets, Jerrold Soh
Research Collection Yong Pung How School Of Law
Data-centric AI calls for better, not just bigger, datasets. As data protection laws with extra-territorial reach proliferate worldwide, ensuring datasets are legal is an increasingly crucial yet overlooked component of “better”. To help dataset builders become more willing and able to navigate this complex legal space, this paper reviews key legal obligations surrounding ML datasets, examines the practical impact of data laws on ML pipelines, and offers a framework for building legal datasets.
Towards A Calibrated Trust-Based Approach To The Use Of Facial Recognition Technology, Gary Kok Yew Chan
Towards A Calibrated Trust-Based Approach To The Use Of Facial Recognition Technology, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The use of facial recognition technology has given rise to much debate relating to issues concerning privacy infringements, bias and inaccuracies of data and outputs, possibilities of covert use, the lack of data security and the problem of function creep. Certain states and jurisdictions have called for bans and moratoria on the use of facial recognition technology. This paper argues that a blanket ban on facial recognition technology would be overly precautionary without fully considering the wide range of uses and benefits of the innovation. To promote its acceptance, trust in facial recognition technology should be developed in a calibrated …
The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong
The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Associate Professor of Law Eugene Tan and SMU Assistant Professor of Law Benjamin Joshua Ong discussed what the Foreign Interference (Countermeasures) Bill (Fica) means for businesses. They opined that businesses could have disclosure policies for themselves and their stakeholders, akin to conflict of interest disclosures. They also noted that more can be done to clarify the limits to government powers under Fica, and pointed out that conversations about foreign interference must go beyond Fica.
The Diffusion Of The Sandbox Approach To Disruptive Innovation And Its Limitations, Chang-Hsien Tsai, Ching-Fu Lin, Han-Wei Liu
The Diffusion Of The Sandbox Approach To Disruptive Innovation And Its Limitations, Chang-Hsien Tsai, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Faced with the challenges posed by disruptive technologies and innovations, many countries have adopted different regulatory approaches, institutional structures, and norms to maximize benefits and mitigate risks. Among such regulatory endeavors, the regulatory sandbox, first adopted by the United Kingdom in its financial sector, stands out as a prominent mechanism to strike a balance between promoting technological innovations and ensuring market order. Given the promises of the regulatory sandbox, there has been a gradual embrace of this approach by governments across continents, arguably indicating a global norm diffusion. There is also a trans-governmental endeavor to facilitate cooperation among regulators and …
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Key pointsThe 2006 UK Retail Distribution Review identified much-needed reforms to the retail investment markets. It suffered chronic problems arising from the provision of conflicted advice by financial advisers to their clients. The global financial crisis (GFC) added intense urgency to the need for reforms.As a result, commission-based charging for financial advisers were banned in 2012, and the requirements under the suitability rule were more sharply defined.This article traces the trajectory of the pre- and post-GFC reforms and the ways in which the judicial interpretations of the legislative reforms played an important role in regulating the retail investment markets.The article …
The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong
The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Foreign Interference (Countermeasures) Bill (Fica) was passed in Parliament on Monday after about 10 hours of impassioned debate. Despite the government agreeing to several amendments proposed by the Workers' Party, the substance was not changed in any significant way. Although the government provided more details on how Fica is to operate, more details will be unveiled when it comes into operation. What does all this mean for businesses?
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
COMMENTARY: "The key question is not whether the state should have powers to take countermeasures, but rather whether there are adequate checks against the risk of those powers being inappropriately used."
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
This article analyses the legal, market and institutional features needed to become an international hub for debt restructuring. For that purpose, it explores the strategy followed by Singapore, as well as the market and institutional factors generally found in other leading centres for legal and financial services such as the United States, the United Kingdom and Hong Kong. In jurisdictions traditionally having creditor-oriented insolvency systems, such as the United Kingdom, Hong Kong and Singapore, one of the primary challenges for the improvement of the restructuring framework for debtors consists of making sure that the insolvency system remains protective of the …
Investor-State Mediation And The Belt And Road Initiative: Examining The Conditions For Settlement, Mark Mclaughlin
Investor-State Mediation And The Belt And Road Initiative: Examining The Conditions For Settlement, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Despite the dominance of arbitration in the realm of investor-state disputes, the variety of proposals for reform suggest considerable stakeholder discontent with the current framework. One suggested reform is the introduction of investor–state mediation, which has been supported by the conclusion of the Singapore Convention on Mediation and the proposal by the International Centre for Settlement of Investment Disputes (ICSID) of a set of mediation rules. This article examines the respective merits of arbitration and mediation to settle investment disputes related to the Belt and Road Initiative. Many of the principles underpinning the implementation of the Belt and Road Initiative …
Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong
Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
According to section 359(3) of the Criminal Procedure Code, an acquitted accused person may receive compensation if the prosecution was “frivolous or vexatious”. In Parti Liyani v Public Prosecutor, Singapore’s High Court – for the first time – comprehensively discussed what section 359(3) means and how it is to be applied. This article aims to outline and comment on the High Court’s decision, and to highlight several issues which may be explored in future.
The Promises And Perils Of Robo-Advisers: Challenges And Regulatory Approaches, Aurelio Gurrea-Martinez, Wai Yee Wan
The Promises And Perils Of Robo-Advisers: Challenges And Regulatory Approaches, Aurelio Gurrea-Martinez, Wai Yee Wan
Research Collection Yong Pung How School Of Law
Artificial intelligence is changing the operation and business model of many intermediaries in financial markets. Investing through online automated platforms, known as robo-advisers, is becoming very popular worldwide. In fact, some studies estimate that robo-advisers will be managing USD 4.6 trillion by 2022. This chapter analyses the promises and perils of robo-advice, as well as the challenges and regulatory responses adopted in various countries and regions around the world, including the United States, the United Kingdom, the European Union, Australia, Hong Kong, Mainland China, and Singapore. It will conclude by showing that, despite the existence of various legal and challenges …
The Rise Of Pre-Packs As A Restructuring Tool: Theory, Evidence And Policy, Aurelio Gurrea-Martinez
The Rise Of Pre-Packs As A Restructuring Tool: Theory, Evidence And Policy, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
The use of pre-packs as a restructuring tool has been traditionally popular in the United Kingdom and the United States. In recent years, however, several jurisdictions around the world, including Singapore, India, Spain, the Netherlands, and the Philippines have promoted the use of pre-packs. By shortening the length of insolvency proceedings, pre-packs have the ability to reduce the costs of financial distress, and especially those associated with the loss of reputation, employees, suppliers and goodwill. Thus, pre-packs can help maximise the value of the firm for the benefit of debtors, creditors and society as a whole. However, the conflict of …
The Future Of Insolvency Law In A Post-Pandemic World, Aurelio Gurrea-Martinez
The Future Of Insolvency Law In A Post-Pandemic World, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
The COVID-19 crisis has encouraged many countries to amend their insolvency laws. In most cases, these amendments took place temporarily – especially during the hibernation phase of the pandemic. In other countries, however, the pandemic has led to permanent changes in the insolvency legislation. More importantly, the COVID-19 crisis has accelerated the insolvency reforms already existing in the political agenda of many countries, and it has encouraged other jurisdictions to reassess the desirability of their insolvency and restructuring frameworks. This article analyzes the current trends, reforms and policy discussions that are expected to reshape the future of insolvency law in …
Insolvency Law In Emerging Markets, Aurelio Gurrea-Martinez
Insolvency Law In Emerging Markets, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
A well-functioning corporate insolvency system can serve as a valuable tool to promote entrepreneurship, innovation, access to finance and economic growth. Therefore, if having an efficient insolvency framework is essential for any country, it becomes even more important for emerging economies due to their potential for growth and their greater financial needs. Unfortunately, the academic literature has generally paid more attention to the regulation of corporate insolvency in developed countries. Thus, with some notable exceptions, it has largely omitted the debate about the optimal design of insolvency law in jurisdictions that, in addition to requiring a more active policy debate, …
A Clarion Call For Businesses To Do Right, Tan K. B. Eugene
A Clarion Call For Businesses To Do Right, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Prime Minister Lee Hsien Loong's National Day Rally on Sunday signalled a putative shift in the government's policy towards tackling workplace discrimination and supporting lower-wage workers. While the tripartite approach remains the bedrock in industrial relations, the government is prepared to adopt a more muscular approach through regulation by legislation. Businesses must recognise the concerns of workers amid the unpredictable arc of the global pandemic. It cannot be business as usual.
Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng
Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng
Research Collection Yong Pung How School Of Law
Negligent misstatement cases typically involve claims by the recipient of the statement. Since Spring v Guardian Assurance, there has been an increasing number of cases where the plaintiff is the subject of the negligent misstatement, which is quite a very different matter. In Tan Woo Thian v PricewaterhouseCoopers Advisory Services Pte Ltd, Singapore’s High Court and Court of Appeal consider the legal intricacies of such a claim.
How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang
How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang
Research Collection Yong Pung How School Of Law
Regional trade agreements are undergoing many changes. Notably, the trajectory of China’s trade agreements has been affected by the unique US-China Phase One agreement, and these agreements extend beyond free trade agreements (FTAs). China’s trade agreements represent a different path forward from that mapped out by deep FTAs (e.g., the CPTPP) in respect of the future of trade law. This paper analyses two crucial but underexplored questions: What are the approaches behind deep FTAs and China’s trade agreements? How can we assess trade agreements (particularly China’s trade agreements)?The article critically reviews China’s trade agreements and deep FTAs. Based on in-depth …