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Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
“The Singapore Court of Appeal has recently affirmed the significance of giving effect to party autonomy in the enforcement of choice of court agreements under the common law in three important decisions handed down in quick succession, on different aspects of the matter: the legal effect of exclusive choice of court agreements, the interpretation and effect of non-exclusive choice of court agreements, and the effect of exclusive choice of court agreements on anti-suit injunctions.
East Asian Trusts At The Crossroads, Ying Chieh Wu
East Asian Trusts At The Crossroads, Ying Chieh Wu
Research Collection Yong Pung How School Of Law
The purpose of this article is to scrutinize the legal structure of trusts in Japan, SouthKorea and Taiwan. The so-called infrastructure of the private law of these jurisdictions is rooted in theRoman-Germanic basis, which adopts dichotomous system in respect of that area of privatelaw dealing with property: the law of property and that of obligation. However,the adoption of the trust has caused some problems. Though controversial, thecontract-based view seems to be the majority view in the East Asian civiljurisdictions, yet the property-based view dominates the commonlaw world. However, being influenced by common law, the property-approach isalso asserted by some commentators …
Traditional Tests For Implication Of Terms Prevail In Singapore Despite ‘Acceptance’ Of Belize Test: Sembcorp Marine Ltd V Ppl Holdings Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
There is an ongoing legal debate concerning the test governing the implication of terms in fact, prompted in no small measure by Lord Hoffmann’s influential speech in Attorney General of Belize v Belize Telecom. In Belize, Lord Hoffmann famously said that the question for a court considering whether a term should be implied is ‘whether such a [term] would spell out in express words what the instrument, read against the relevant background, would reasonably be understood to mean’. This has generally been regarded by judges3 and academics4 as subsuming the implication of terms within the broader rubric of ‘interpretation’. The …