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Full-Text Articles in Law
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
A growing number of Australasian jurisdictions now permit a supermajority of owners to terminate a co-owned building scheme allowing proprietors to redevelop, or more commonly, sell the underlying land. This planning tool aids municipal rejuvenation, prevents urban sprawl and provides new housing. In this paper, I examine the provisions pertaining to cancellation of unit plans under nine jurisdictions – New Zealand and all eight jurisdictions in Australia. This comparative analysis highlights several unique aspects of the Unit Title Act 2010 (NZ) such as the way its voting thresholds are calculated and the idiosyncratic application of the ‘just and equitable’ standard …
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Research Collection Yong Pung How School Of Law
The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …
Should Securities Regulators Allow Companies Going Public With Dual-Class Shares?, Aurelio Gurrea-Martinez
Should Securities Regulators Allow Companies Going Public With Dual-Class Shares?, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
In the past years, several companies, such as Google, Linkedin, Facebook, and Alibaba, went public with dual-class share structures, that is, share structures that typically include two classes of ordinary shares carrying unequal voting rights. Those shares with more voting rights (eg, ‘class A’ shares) are usually held by the company´s founders and executives, while the rest of the company´s share capital, formed by stock with regular voting rights (eg, ‘class B’ shares), is generally sold to outside investors.
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
Singapore hasrecently amended its Consumer Protection (Fair Trading) Act in response to calls for tougher action against unscrupulous traders. The revisions were aimed at strengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatory powers, enhanced court powers and added one substantive consumer remedy. Despite this, the authors argue that Singapore’s consumer protection regime remains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on how the broad investigatory powers and harsher court powers are to be implemented; no …
Whither Gene Patenting And The Patenting Of Diagnostic Methods Post-Mayo And Myriad? The Need For Certainty In Navigating The High Seas Of Policy, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper is prompted by a series of recent high-profile decisions emanating from the apex courts in the US and Australia – namely, Mayo and Myriad – on the patent eligibility of gene-based inventions. Adopting a comparative approach, this paper critically examines whether isolated gene sequences and diagnostic methods qualify as patentable subject matter in several leading jurisdictions, including the US, Australia, Europe and the UK. An attempt will also be made, after carefully considering various arguments on both sides of the policy debate, at predicting what the future might hold (or, perhaps more accurately, at suggesting what the future …
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …