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Full-Text Articles in Law
Novation And Advance Consent, Kwan Ho Lau
Novation And Advance Consent, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of …
Developing Brunei Darussalam As An Asean Hub For International Islamic Finance Dispute Resolution: Opportunity Or Over-Ambition?, Nobumichi Teramura
Developing Brunei Darussalam As An Asean Hub For International Islamic Finance Dispute Resolution: Opportunity Or Over-Ambition?, Nobumichi Teramura
Centre for Commercial Law in Asia
International dispute resolution is only at an early stage of development in Brunei. Although the government established the Brunei Darussalam Arbitration Centre (BDAC) in 2014 to provide domestic and international users with arbitration and mediation services, the institution has yet to attract a significant caseload. This is in contrast with neighbouring countries such as Singapore (a regional hub for international dispute resolution) and Malaysia (an active and rising centre of dispute settlement). Their flagship arbitration institutions, the Singapore International Arbitration Centre (SIAC) and the Asian International Arbitration Centre (AIAC) (formerly known as the Kuala Lumpur Regional Centre for Arbitration), handle …
Reflection On Wise Cities And Ai In Community: Sustainable Life Spaces And Kampung Storytelling, Mark Findlay, Li Min Ong
Reflection On Wise Cities And Ai In Community: Sustainable Life Spaces And Kampung Storytelling, Mark Findlay, Li Min Ong
Centre for Commercial Law in Asia
This short paper is a reflection following our presentation made at the ASEAN Law Research Network’s conference on Sustainable Development and Commerce in ASEAN Cities. We had wanted to introduce our thinking, given the strong interest in developing smart cities in the region. We want to emphasise the importance of multidisciplinary approaches in the sustainable development of cities, particularly the voice of social scientists which tends to get left out in discussions over technology. In the race towards “smart” urbanisation, there is a real risk that history and culture – things that give a city “life” – could get decimated …
Toward An Environmentally Sustainable City In The Light Of Industrial Revolution 4.0: A Case Study Of Ho Chi Minh City, Tran Viet Dung
Toward An Environmentally Sustainable City In The Light Of Industrial Revolution 4.0: A Case Study Of Ho Chi Minh City, Tran Viet Dung
Centre for Commercial Law in Asia
Like other large cities in ASEAN, Vietnamese cities have been facing serious urban environment problems such as air pollution, land degradation, weak water drainage and lack of green spaces. These problems are caused by unsustainable patterns of development. City governments have failed to coordinate and integrate city planning consistently. Trends show that governments prefer to take short-term economic profit rather than focus on environmental protection.
Legal Challenges And Opportunities For Peer-To-Peer Electricity Trading In Thailand, Piti Eiamchamroonlarp
Legal Challenges And Opportunities For Peer-To-Peer Electricity Trading In Thailand, Piti Eiamchamroonlarp
Centre for Commercial Law in Asia
Electricity is a critical resource for a country as it powers devices and enables modern living with digital transactions, crypto mining, deployment of electric vehicles (EV) etc. Given these emerging activities, electricity demand is forecasted to keep rising. The peak electricity load in Thailand for 2018, 29,969 MW, will likely increase to 53,997 MW by 2037. However, Thailand, as a party to the United Nations Framework Convention on Climate Change, must consider negative impacts on the environment from electricity generation. To meet these challenges, renewable resources are needed for cleaner electricity generation and ensuring security of electricity supply, while simultaneously …
Indonesia's Termination Of Bilateral Investment Treaties, Lucas Jun Hao Wong
Indonesia's Termination Of Bilateral Investment Treaties, Lucas Jun Hao Wong
Centre for Commercial Law in Asia
Indonesia holds a vast source of untapped potential in terms of its ability to influence global trade. While Indonesia has been a member of the World Trade Organization (WTO) since 1 January 1995, its integration into global value chains remains relatively weak, with the ratio of its trade in goods and services to GDP falling from 48.6% in 2013 to below 40% in 2019. Nonetheless, as Southeast Asia’s largest economy and a member of the G20, Indonesia possesses the capacity to become a key player on the world stage.
No Oral Modification Clauses: Autonomy, Certainty Or Presumption?, Kwan Ho Lau
No Oral Modification Clauses: Autonomy, Certainty Or Presumption?, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
By a judgment of Lord Sumption with which a majority of the court agreed, the Supreme Court in MWB Business Exchange Centres Ltd. v Rock Advertising Ltd. [2018] UKSC 24, [2019] A.C. 119 ruled that a contractual term which prescribed that the contract was not amendable save in writing signed by or on behalf of the parties (a No Oral Modification or “NOM” clause) was effective to invalidate subsequent oral variations to the contract. Lord Burrows later suggested extrajudicially (in P.S. Davies and M. Raczynska (eds.), Contents of Commercial Contracts (London 2020), 49) that Rock Advertising might not find traction …