Social and Behavioral Sciences Commons^™

Learn To Play, Play To Learn: Designing A Digital Board Game For A Law Of Torts Class, Gary Kok Yew Chan, Swee Liang Tan, Khe Foon Timothy Hew, Li Siong Lim, Bernie Grayson Koh

Research Collection Yong Pung How School Of Law

This paper documents the learning journey and outcomes of designing an electronic roll-and-move board game, The Grade Inflation Game (GIGAME). It was developed by the Centre for Teaching Excellence (CTE) for classes conducted in the School of Law at the Singapore Management University (SMU). It investigates the effectiveness of using an electronic board game in teaching and learning. Based on the survey on 64 student-players of the game, the study revealed that the game enabled students to consolidate objective skills and knowledge while having 'serious' fun.

Accessory Liability In Tort And Equity, Pey Woan Lee

Research Collection Yong Pung How School Of Law

Unlike the position in criminal law, there does not currently exist a general doctrine of accessory liability in civil law. Thus, a person may be liable as an accessory in equity for dishonestly assisting with a breach of trust, but there is no tort for dishonest assistance. Rather, one who participates in another's tort will only be liable if he is a joint tortfeasor acting pursuant to a common design with the primary tortfeasor. This article examines the reasons for this divergence and evaluates the case for their assimilation. It observes that, contrary to common perception, the scope of participatory …

Freedom From Fear In The City Of Light, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan pointed out that it is absolutely essential to the fight against terrorism that the operational imperative of order and security be balanced against the critical need to ensure that the values a society holds dear are not compromised or undermined. It would be unfair and profoundly subversive to its social cohesion for France to expect the majority of its Muslims to take responsibility for the acts of a few. He added that what is at stake is the inclusiveness of the French national identity, heritage and values — its figurative …

We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s …

Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection Yong Pung How School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …

Taking Sino-Singapore Ties To A New Level, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With China’s President Xi Jinping’s first State visit to Singapore last weekend, there is no doubt that the establishment of an “all round partnership” is catalytic in taking Sino-Singapore bilateral ties to a new level.

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.

Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander

Research Collection Yong Pung How School Of Law

This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …

The Singapore Legal System, Eugene K. B. Tan, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The Singapore legal system is a rich tapestry of laws, institutions, values, history and culture. Like the Singapore-made quilt, each strand of the legal system is woven together to form a jurisprudential kaleidoscope bounded by a unique national identity.

The legal system will inevitably undergo tension as socio-economic and politico-legal changes unfold with increased globalisation and regionalisation. Thus, Singapore has to respond swiftly and deftly in creating new laws and institutions or adapting existing ones.

In this regard, Singapore is and has been ready and willing to learn from the legal developments taking place in foreign jurisdictions with similar aspirations. …

Pushing Aggressively For Political Renewal, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In one of the most anticipated Cabinet reshuffles that precedes the cusp of a leadership transition, Prime Minister Lee Hsien Loong did not disappoint and kept to his word to “push aggressively” for political renewal and succession. While change amid continuity is an apt description for the new line-up, there is no doubting that the emphasis is clearly on change.

Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …

Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn

Research Collection Yong Pung How School Of Law

There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …

Lucky To Be Singaporean, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Op-ed about being Singaporean, in our historic 2015 elections.

"In the midst of our historic elections, I would like to remind Singaporeans that there remains a wider world out there. That our concerns about CPF money, high housing prices, rising income inequality, foreign workers, transportation woes, and the AHPETC saga, while important, are nonetheless First World problems. We have the luxury of arguing about them because we don’t have to worry about the fundamental problems of survival. Literally.

Thus, as we consider what we would like our country to look like in the coming years, I suggest that we first …

Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good …

Why Ahpetc Is A National Issue In 2015, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With tomorrow being the last day of the hustings, the battle for the hearts and minds of 2.46 million Singaporean voters takes on greater urgency and poignancy. Any misstep by the nine political parties and their candidates at this late stage might well be game changing.

Some Thoughts On A Record-Breaking 2014/15 Season For Singapore’S International Mooters, Siyuan Chen

Research Collection Yong Pung How School Of Law

Singapore has an extremely proud tradition in international moot court competitions. The famous NUS’82 team which won Singapore’s first Jessup championship comprised members who have all gone on to become Senior Counsel; one is now a High Court Judge (Steven Chong) and another, the Attorney-General (VK Rajah). Videos of championship finals featuring Singapore mooters continue to be used as training tools by universities all over the world, especially the 2001 Jessup final featuring the first and only person to have ever won the two largest moots, the Jessup and the Vis. And in that same year (2001), NUS won arguably …

Misconduct And The Division Of Matrimonial Assets: Clarification From The Court Of Appeal Chan Tin Sun V Fong Quay Sim [2015] Sgca 2, Siyuan Chen

Research Collection Yong Pung How School Of Law

No abstract provided.

Restitution [2014], Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …

Legal Risk And Investor Protection For Retail Investment Products: An Empirical Study Of Lawsuits Regarding Mutual Funds And Structured Notes In Taiwan, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article analyses the results of 322 lawsuits regarding retail mutual funds and structured notes in Taiwan between 2000 and 2012 and their relationship with other factors such as investors’ personal characteristics, main arguments and causes of action. This article has the following major findings: (1) the winning rate for investors was quite low, meaning that banks face low legal risk from misselling claims; (2) investors were not better off by filing a complaint to the Banker’s Association; (3) we have not proved the courts showing preference for investors with certain personal traits due to limited information available; (4) a …

Restitution [2014], Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.

Letting In The Light – Finding Your Tragic Hero, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this essay, Nadja Alexander explores the melodramatic nature of the tales we tell when we are stuck in difficult conversations and tense situations. Whether in public or private life, when we find ourselves in conflict we tend to use particular storytelling patterns called melodramatic narratives. Here we explore the potentially destructive nature of these conflict storytelling patterns and consider the extent to which they are wired into the default mechanisms of our DNA. Drawing upon ideas from the practice of storytelling, narrative structures, and conflict coaching theory, Nadja shows how we can mindfully engage our emotional intelligence, to find …

Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen

Research Collection Yong Pung How School Of Law

In the last few years, there has been a dramatic increase in the use of remote-controlled copters – often given the convenient but misleading epithets of unmanned aerial vehicles or “drones” – by recreational users to capture aerial photographs and videos on an unprecedented scale. Asia is no exception. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation, GPS-enabled flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot with reasonable safety. Thus far, despite purported controversies there have not been any reports of serious …

Drug Traffickers' Deaths: Criticisms Of Laws Not All Fair, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

This is a comment on the western media frenzy over the executions of eight drug traffickers in Indonesia. The commentary looks at whether the anguish over the executions following a conviction and appeals to higher courts in accordance with Indonesian law, apart fromn the loss of life,was well placed.

Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

One of the challenges facing Asian legal systems in the coming years is whether the courts should impose a general duty of good faith in contracts. The doctrine of good faith has been making inroads in various common law jurisdictions, most recently in Canada where the Supreme Court held in Bhasin v. Hrynew, 2014 SCC 71 that there was a duty of honest performance in all contracts. The idea behind imposing a duty of good faith in all contracts is to ensure that parties essentially “play fair” in contract negotiations and/or performance. However, is such a duty really necessary for …