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Articles 1 - 30 of 94
Full-Text Articles in Law
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Research Collection Yong Pung How School Of Law
Domestic arbitration awards rendered under the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”) can be subject to appeal on a question of law arising out of an award. Unless parties consent, an appeal can only be brought with the leave of court.
Addressing Singapore's Unmet Social Needs: How To Help Vulnerable Groups, Knowledge@Smu
Addressing Singapore's Unmet Social Needs: How To Help Vulnerable Groups, Knowledge@Smu
Knowledge@SMU
While the basic social needs in Singapore, such as food, clothing and shelter, are met through direct government interventions and the contributions of non-governmental social service activities, there are still some vulnerable groups that need attention. SMU's Lien Centre for Social Innovation has identified six particularly vulnerable groups in a recently released report entitled, 'Unmet Social Needs in Singapore'. The paper, authored by former Nominated Member of Parliament Braema Mathi and Lien Centre research manager Sharifah Mohamed, provides recommendations on how these groups may be helped.
Beneath And Beyond The Chinese Miracle, Knowledge@Smu
Beneath And Beyond The Chinese Miracle, Knowledge@Smu
Knowledge@SMU
China’s rapid economic growth has masked a worrying trend that personal income growth is falling increasingly behind. If this is not addressed, China will remain stuck to its export-driven model. Huang Yasheng, a professor at Massachusetts Institute of Technology and SMU's Ho Bee Professor in Chinese Economy and Business, believes that the country’s leaders need to figure out how to boost personal income and domestic consumption, and not focus simply on gross domestic product.
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
Research Collection Yong Pung How School Of Law
The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …
Judges Mediate And Do Other Things – Whether We Like It Or Not, Nadja Alexander
Judges Mediate And Do Other Things – Whether We Like It Or Not, Nadja Alexander
Research Collection Yong Pung How School Of Law
This post on the Kluwer Mediation Blog focuses on active judges who mediate or engage in some type of mediative intervention and explains the developing field of judicial dispute resolution (JDR).
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Research Collection Yong Pung How School Of Law
The similar fact rule in Singapore—as with the law on any evidence law doctrine that can be found in both our Evidence Act and the common law—has required clarification for some time. This note, which discusses the latest local decision on the similar fact rule, considers if that decision is compatible with the Evidence Act and the various conceptualisations underlying the doctrine.
The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen
The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen
Research Collection Yong Pung How School Of Law
The accused was charged under the Misuse of Drugs Act after being found with 142.41 grams of diamorphine at the Woodlands Checkpoint. The High Court Judge found the accused guilty and sentenced him to death in a brief judgment of five paragraphs. The Court of Appeal, however, ordered a retrial as it was of the view that the Judge’s reasoning was “unclear” and the “judicial duty to give reasoned decisions” was not discharged
Have We Become A Template Nation?, Tan K. B. Eugene
Have We Become A Template Nation?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In his commentary, SMU assistant professor of law Eugene Tan observed that last week's three MRT service breakdowns have raised concerns over whether our public transport system is able to cope with the increased commuter load and public expectations. While the road and rail infrastructure has grown significantly in the last few years, doubts now fester as to whether the relevant organisations, the people who run them and the systems and policies, have kept pace.
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
Setting Aside An International Arbitration Award Based On Deficient Pleadings, Darius Chan
Setting Aside An International Arbitration Award Based On Deficient Pleadings, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Singapore: Building A Future Without Cheap Oil, Singapore Management University
Singapore: Building A Future Without Cheap Oil, Singapore Management University
Perspectives@SMU
Singapore’s investment and long history of involvement in the oil industry has been a major factor in the development of its economy. In the 272-page book 'Singapore, The Energy Economy: From The First Refinery To The End Of Cheap Oil, 1960 to 2010' by Ng Weng Hoong, he traced the evolution of Singapore’s economy over a 50-year period beginning from 1960, showing how energy has been a powerful but little noticed thread in the country’s rise from a struggling Third World country to an affluent city-state it is today.
Designing A More Efficient And Fairer Tax System, Singapore Management University
Designing A More Efficient And Fairer Tax System, Singapore Management University
Perspectives@SMU
“In this world, nothing can be said to be certain, except death and taxes,” Benjamin Franklin had once famously said. The founding father of the United States was convinced, some 200 years ago, of the importance of tax design on modern economies. Today, as more politicians and governments struggle to address fiscal deficits and income inequality through taxation, it has never been more important to get tax structures right.
Victims’ Right To Remedy: Awarding Meaningful Reparations At The Eccc, Mahdev Mohan Et Al
Victims’ Right To Remedy: Awarding Meaningful Reparations At The Eccc, Mahdev Mohan Et Al
2008 Asian Business & Rule of Law initiative
No abstract provided.
Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan
Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan
Research Collection Yong Pung How School Of Law
The mid-June endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights has been welcomed as the authoritative global standard for corporations to respect human rights. The Guiding Principles are the culmination of a 6-year UN-commissioned study by Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate, and account for how they address their adverse human rights impacts. Drawing on related regulation in Europe, this article considers how best to implement the Guiding Principles in Southeast Asia.
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
The "Party Scope" Of Exclusive Jurisdiction Clauses: Global Partners Fund Ltd V Babcock & Brown Ltd, Adeline Chong
The "Party Scope" Of Exclusive Jurisdiction Clauses: Global Partners Fund Ltd V Babcock & Brown Ltd, Adeline Chong
Research Collection Yong Pung How School Of Law
Coherency in international litigation and upholding exclusive jurisdiction clauses, for the most part, work hand in hand. Courts generally take jurisdiction on very wide and exorbitant grounds. There is therefore the ever-present risk of irreconcilable judgments stemming from multiple courts hearing disputes arising from the same transaction or state of affairs. One way in which such a risk is averted is by giving effect to exclusive jurisdiction clauses where parties have included such clauses into their contracts. Thus, when faced with an action brought in breach of an exclusive jurisdiction clause in favour of another forum, the starting position is …
The Corroborative Effect Of Lies, Siyuan Chen
The Corroborative Effect Of Lies, Siyuan Chen
Research Collection Yong Pung How School Of Law
PP v Kamrul Hasan Abdul Quddus [2010] SGHC 7; Kamrul Hasan Abdul Quddus v PP [2011] SGCA 52. Overview of the case: In PP v Kamrul Hasan Abdul Quddus, the accused was charged with murder. He and the deceased had been in a tumultuous relationship, and the main evidence that connected the deceased’s death to the accused, apart from the fact that her body was found in the construction site that the accused worked at, was that DNA taken from her rectum tested positive for semen that matched his DNA.
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
This article examines China’s domestic legal regime for the prevention of vessel sourcepollution. It pays special attention to the recently adopted Regulation on Preventionand Control of Marine Pollution from Vessels. Potential challenges and emerging issuesthat China has to confront are addressed, including: application of the legislation todisputed sea areas between China and its neighbors, freedom of navigation in theexclusive economic zone, reduction of emission from ships, and prevention of invasivespecies from ballast water.
Trust And The Commitment To Fairness, Tan K. B. Eugene
Trust And The Commitment To Fairness, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.
When It Comes To Poverty Reduction, Less May Be More, Knowledge@Smu
When It Comes To Poverty Reduction, Less May Be More, Knowledge@Smu
Knowledge@SMU
Most people expect strong economic growth to be closely linked to a decline in poverty. By the same token, fast-developing economies should experience fast-shrinking poverty rates. But, in reality, this link between growth and poverty is seldom consistent. In 'Small Works: Poverty and Economic Development in Southwest China', political scientist John A. Donaldson discusses an alternative take on mediating the effects of economic growth on the poor through a multi-method study of two Chinese provinces.
Watching The Clock: Challenges For The World's Fastest Growing Economies, Knowledge@Smu
Watching The Clock: Challenges For The World's Fastest Growing Economies, Knowledge@Smu
Knowledge@SMU
Time seems to move a little faster in economies with greater wealth, higher education and more demanding jobs; sometimes driven by personal ambitions to achieve more, or perhaps because society demands it. Speaking at a Wee Kim Wee Centre Lunchtime Seminar, renowned China expert Wang Gungwu says that life on the fast lane has become so ingrained in our thinking of modern societies that it is no longer questioned but accepted as a condition of development: Speed up or get left behind.
Evaluating Energy Security Performance From 1990 To 2010 For Eighteen Countries, Benjamin K. Sovacool, Ishani Mukherjee, Ira Martina Drupady, Anthony L. D' Agostino
Evaluating Energy Security Performance From 1990 To 2010 For Eighteen Countries, Benjamin K. Sovacool, Ishani Mukherjee, Ira Martina Drupady, Anthony L. D' Agostino
Research Collection School of Social Sciences
This study provides an index for evaluating national energy security policies and performance among the United States, European Union, Australia, New Zealand, China, India, Japan, South Korea, and the ten countries comprising the Association of Southeast Asian Nations (ASEAN). Drawn from research interviews, a survey instrument, and a focused workshop, the article first argues that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustain-ability, and regulation. The article then breaks these dimensions down into 20 components and correlates them with 20 metrics that constitute a comprehensive energy security index. We find that the …
It's A Question Of Design: Byo Mediation, Nadja Alexander
It's A Question Of Design: Byo Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, seven ideas to invigorate your 'Build Your Own' (BYO) mediation practice are presented.
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.
Singapore Court Of Appeal Re-Affirms Commitment To Minimal Intervention Of Arbitral Awards At The Intersection Of Illegality And Public Policy, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
Data Protection Laws And Marketing Practices, Warren B. Chik
Data Protection Laws And Marketing Practices, Warren B. Chik
Research Collection Yong Pung How School Of Law
Thepotential privacy implications of the incorporation of data protection laws inSingapore for unsolicited communications including telemarketing, junk mail andfaxes and SPAM are examined in this article.
A Sentinel To Good Governance, Tan K. B. Eugene
A Sentinel To Good Governance, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Prof Eugene Tan reviews S.R. Nathan's 12-year term as Head of State, and suggests President Nathan played a key role in defining the functions of the Elected Presidency.
Designing The Gaps In Mediation Architecture, Nadja Alexander
Designing The Gaps In Mediation Architecture, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the 'gaps' in the developing architecture of mediation, and the design for regulatory spaces are explored.