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Articles 1 - 30 of 116
Full-Text Articles in Law
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since 2017, the US has blocked appointments to the WTO Appellate Body (AB), citing various concerns over its judicial approach, with the most significant being the issue of judicial overreach. This article provides a critical analysis of this issue and makes important contributions to the ongoing debate. Drawing on the fundamental function of the WTO, it offers a fresh approach to assess judicial overreach and shows that AB rulings in major non-trade remedy cases (that have consistently concerned the US) have served that function and hence should not be treated as ‘overreaching’. We argue that, the allegation of judicial overreach, …
Equitable Fraud And Double Liability Of A Debtor Following Notice Of Equitable Assignment Of The Debt, Chee Ho Tham
Equitable Fraud And Double Liability Of A Debtor Following Notice Of Equitable Assignment Of The Debt, Chee Ho Tham
Research Collection Yong Pung How School Of Law
‘Equitable fraud’ is broader in its conception than fraud at common law. Notwithstanding ambiguities as to its precise boundaries, equitable fraud can help explain why a debtor who tenders payment to his or her creditor, despite having received notice that the money debt had been equitably assigned to an assignee, may be ordered to make payment to the assignee if the creditor-assignor were to abscond with the sums tendered, leaving the assignee out of pocket. Such liability can be explained on grounds of the debtor having committed a form of equitable fraud by dishonestly assisting in the creditor-assignor’s breach of …
Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …
A New Appellate Structure In The Supreme Court: Bigger, And Better, Paul Tan, Kwan Ho Lau
A New Appellate Structure In The Supreme Court: Bigger, And Better, Paul Tan, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
This is a commentary on the Appellate Division newly proposed to be created in the Supreme Court, pursuant to constitutional and legislative amendments passed in 2019.
Asia’S Response To The Us Indo-Pacific Strategy: Building The Rcep: Legal And Political Implications, Pasha L. Hsieh
Asia’S Response To The Us Indo-Pacific Strategy: Building The Rcep: Legal And Political Implications, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The Trump administration declared the “Free and Open Indo-Pacific” (FOIP) strategy as the new U.S. policy on Asia in 2017. This new strategy will have far-reaching implications for U.S.-Asia relations and global governance. The FOIP is conventionally perceived to focus on security dimensions. By “free,” the United States expects all countries “to exercise their sovereignty free from coercion by other countries.”1 The qualifier, “open,” is meant to refer to regional connectivity, in particular including freedom of navigation.2 Notably, the economic dimensions of this component also envision “fair and reciprocal trade” and “transparent agreements.”
International Dispute Resolution Survey: Currents Of Change: 2019 Preliminary Report (Sidra), Nadja Alexander, Janet Carolyn Checkley, Shou Yu Chong, Joel Ng, Daoyuan Zhu
International Dispute Resolution Survey: Currents Of Change: 2019 Preliminary Report (Sidra), Nadja Alexander, Janet Carolyn Checkley, Shou Yu Chong, Joel Ng, Daoyuan Zhu
Research Collection Yong Pung How School Of Law
The 2019 International Dispute Resolution Survey: Currents of Change Preliminary Report presents the first-look findings of the Singapore International Dispute Resolution Academy's groundbreaking examination into the preferences, practices, and perspectives of international dispute resolution users around the globe. These findings examine three international dispute resolution mechanisms: International Commercial Arbitration, International Commercial Mediation, and International Commercial Litigation. The report summarises findings from each mechanism in turn and provides an overview of the results, then explores key trends drawn from the data identifying currents of change drawing international dispute resolution into the third decade of the 21st century.
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Research Collection Yong Pung How School Of Law
The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …
Corporate Governance And Institutional Investors: Proxy Voting Behavior After The Stewardship Code (コーポレートガバナンスと機関投資家―スチュワードシップコード改訂後の議決権行使の状況について), Mari Yamauchi, Toru Yoshikawa
Corporate Governance And Institutional Investors: Proxy Voting Behavior After The Stewardship Code (コーポレートガバナンスと機関投資家―スチュワードシップコード改訂後の議決権行使の状況について), Mari Yamauchi, Toru Yoshikawa
Research Collection Lee Kong Chian School Of Business
本稿では，日本版スチュワードシップコードの改訂により始まった機関投資家 による議決権行使の結果について，投資家のタイプごとに分析し，どのような投 資家がどのような会社提案議案についてより多くの反対票を投じているかについ て検討した。先行研究に従えば，資産運用会社のように投資先企業とアームズレ ングスの関係を持つ投資家は，保険会社のように投資先企業とビジネス上の関係 を持つ投資家と比較すると，会社側提案に対して異議を唱える可能性が高いとさ れる。また，株式持ち合いなど日本的背景を考慮すると，日本においては，外資 系投資家の方が国内の投資家に比べて，会社提案に対して反対票を投じる可能性 が高いことも予想される。2018年度の議決権行使の結果を分析したところ，ほぼ 先行研究と同じ結果が得られ，業種で分類した場合，資産運用会社の方が生損保 のような保険会社より反対票の比率が高いこと，資本国籍で分類すると，外資投 資家の方が買収防衛策の導入や退任役員への退職慰労金の支給など特定の項目に ついて，日系の投資家に比べて反対率が高いことが確認された。
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …
The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh
The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Research Collection Yong Pung How School Of Law
The use of software in contract formation is likely to become increasingly pervasive in light of the digital economy. Consequently, software can also be expected to exhibit greater autonomy and take on increasingly complex transactions and contract negotiations. It is important that a legally coherent, fair, certain and economically justified approach be taken to regulate such contracts.A ‘contracting problem’ arises when software is used to autonomously enter into contracts without human input. The formation of a valid contract requires, inter alia, an agreement between two or more parties, where each party exhibits an objective intention to be legally bound (the …
Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng
Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The Singapore Protection From Online Falsehoods and Manipulation Act (POFMA) has generated a considerable amount of interest in the public square. Taking into account the way that public discourse has unfolded thus far, this post will offer a couple of brief reflections as to how one ought to think about the POFMA – indeed, borrowing a key concept from administrative law, this post is primarily concerned with the process of thinking about the POFMA, rather than offering a substantive position on its merits.
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …
Unjust Enrichment In Asia Pacific, Man Yip
Unjust Enrichment In Asia Pacific, Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh
Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh
Research Collection Yong Pung How School Of Law
In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (‘B2C2’)1 may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court (‘SICC’), seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in the context where an automated contract-forming software …
Addressing The Auditor Independence Puzzle: Regulatory Models And Proposal For Reform, Aurelio Gurrea-Martinez, Martin Gelter
Addressing The Auditor Independence Puzzle: Regulatory Models And Proposal For Reform, Aurelio Gurrea-Martinez, Martin Gelter
Research Collection Yong Pung How School Of Law
Auditors play a major role in corporate governance and capital markets. They facilitate firms’ access to financing by creating trust among public investors with efforts to prevent misbehavior and financial fraud by corporate insiders. In order to fulfill these goals, however, in addition to having the adequate knowledge and expertise, auditors should perform their functions in an independent manner. Unfortunately, auditors are subject to conflicts of interest by, for example, providing non-audit services or the mere fact of being hired and paid by the audited company. Therefore, even if auditors act independently, investors have reason to think otherwise. This lack …
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Research Collection Yong Pung How School Of Law
Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …
What Do Chinese Clients Want?, Ji Li, Wei Zhang
What Do Chinese Clients Want?, Ji Li, Wei Zhang
Research Collection Yong Pung How School Of Law
The world’s two largest economies are locked in an escalating trade war, and caught in the crossfire are hundreds of Chinese multinational companies (MNCs) that have made substantial U.S. investments. Facing heightened legal risks in a less hospitable environment, the Chinese MNCs increasingly depend on local lawyers. Yet, their purchase of U.S. legal service, a topic of both practical and theoretical importance, has received little attention. To fill the gap, this article empirically investigates how Chinese companies in the United States select their U.S. legal counsel. By analyzing a unique dataset, the article finds that Chinese MNC managers uniformly prioritize …
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …
Remedying The Abuse Of Organisational Forms: Trusts And Companies Considered, Pey Woan Lee
Remedying The Abuse Of Organisational Forms: Trusts And Companies Considered, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Both the trust and the company are organisational forms distinguished bytheir ability to facilitate affirmative asset partitioning. However, this feature isvulnerable to abuse by those whose purpose is to defeat creditor rights. Thisarticle considers recent developments in judicial doctrines aimed atcountering such abuse and the extent to which they are explicable by, orcoherent, with economic analyses drawn from the work of Hansmann andKraakma.
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Centre for AI & Data Governance
Data has taken immense importance in the last years. Consider the amount of data that is being collected worldwide every day, industries are reshaping their activities into a data-driven business. The digital transformation of all industries, portent of the fourth industrial revolution, is creating a new kind of economy based on the datafication of almost any aspect of human social, political and economic activity as a result of the information generated by the numerous daily routines of digitally connected individuals and technology. The financial services industry is part of this trend. Embracing the digital revolution and creating the right foundations …
Un-Übereinkommens Zur Internationalen Durchsetzung Von Mediationsvergleichen, Nadja Alexander
Un-Übereinkommens Zur Internationalen Durchsetzung Von Mediationsvergleichen, Nadja Alexander
Research Collection Yong Pung How School Of Law
Das Singapur-Übereinkommenist ein multilateraler Vertrag, der einen Rechtsrahmenfür die erleichterte Zirkulation voninternationalen Mediationsvergleichen (IMV) über Landesgrenzen hinweg schafft.Das Übereinkommen erreicht dies, indem es den IMV den Status eines neuartigen, auf internationaler Ebene anerkannten Rechtsinstruments verleiht: Weder ein Vertrag noch ein Schiedsspruch mit vereinbartem Wortlaut; IMV,die in den Anwendungsbereich des Singapur-Übereinkommens fallen und dessen Voraussetzungen erfüllen, genießen eine einzigartige Stellung. Mit dem neuen Übereinkommen wird ein System für die Anerkennung und Vollstreckung vonIMV eingeführt.
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.
When The Courts Have To Rule On Government Decisions, Tan K. B. Eugene
When The Courts Have To Rule On Government Decisions, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan cited examples in United Kingdom and Singapore as he discussed the legal limits of legal power and the constitutional role of the courts. He pointed out that the message from the courts for both cases is that “judicial deference notwithstanding, the judiciary will not shy away from limiting the boundaries of executive discretion where it is necessary to do so such as when a fundamental constitutional principle or fundamental liberties are at stake”.
Defining A State-Owned Enterprise In International Investment Agreements, Mark Mclaughlin
Defining A State-Owned Enterprise In International Investment Agreements, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The objective of this article is to establish a unified conceptual framework for State-owned enterprises in international investment law. I hope to furnish drafters and negotiators with the tools to define such enterprises in accordance with their policy concerns. The central thesis is that five definitional criteria must be considered: (i) separate legal personality; (ii) extent and form of control; (iii) eligible governmental units; (iv) nature of activity; and (v) purpose of activity. While variations within each criterion can reflect the policy choices of contracting parties, failure to adequately delimit the boundaries of all five will confer discretion on arbitrators …
Reform Of Singapore's Foreign Judgment Rules, Adeline Chong
Reform Of Singapore's Foreign Judgment Rules, Adeline Chong
Research Collection Yong Pung How School Of Law
On 3rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. The limitation to judgments from “superior courts” has been removed. Foreign interlocutory orders such as freezing orders and foreign non-money judgments now fall within the scope of REFJA. So too do judicial settlements, which are defined in identical terms to the definition contained in the Choice of Court Agreements Act 2016 (which enacted the …
Contemporary Constitution Making In The Asia Pacific, De Maartje Visser, Ngoc Son Bui
Contemporary Constitution Making In The Asia Pacific, De Maartje Visser, Ngoc Son Bui
Research Collection Yong Pung How School Of Law
This issue features a curated set of contextualized case studies that interrogate how six Asian countries have calibrated global imperatives with domestic desires and concerns during the drafting of their latest constitution. Read together, the accounts demonstrate that the impact of globalization on what has long been thought of as a quintessential exercise of national sovereignty is ubiquitous, yet that the precise combination of the global and the local is unique to each country, determined as it is by the strength of domestic interests and factions. Taking contextualized functionalism as its premise, this introduction sketches the contours of an analytical …
The Constitutionalisation Of Development, Maartje De Visser
The Constitutionalisation Of Development, Maartje De Visser
Research Collection Yong Pung How School Of Law
There is a steadily growing interest among academics and policymakers alike in the role of constitutional law in fostering socio-economic development. This attention ties in, at a practical level, with the latest wave of law and development thinking, which conceives of rule-of-law institutions and democracy as existing in a symbiotic relationship with economic growth that together will propel countries to achieve higher levels of foreign investment and overall prosperity. The idea that public law, and the constitution more specifically, has potential in spurring development has for instance found expression across a range of the Sustainable Development Goals formulated under the …
Constitutional Judges As Agents For Development, Maartje De Visser
Constitutional Judges As Agents For Development, Maartje De Visser
Research Collection Yong Pung How School Of Law
This Article explores how constitutional judges can become agents for development and how they may wish to go about performing this role. Due to the high politico-economic stakes involved and the inevitability of trade-offs between competing interests, judicial review of developmental questions is liable to expose judges to negative fall-outs. At the same time, it is fairly common for Asian constitutions to expressly set out the parameters or objectives for economic development that the State is expected to realize, while simultaneously recognizing a suite of (socio-)economic rights, thereby providing textual ammunition to query the validity of a government’s chosen implementation …
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 …