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Singapore Management University

Research Collection School Of Law

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Full-Text Articles in Social and Behavioral Sciences

The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson Jun 2020

The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson

Research Collection School Of Law

This article examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in ...


The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Tsin Howe Soh May 2020

The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Tsin Howe Soh

Research Collection School Of Law

The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal ...


Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng Mar 2020

Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng

Research Collection School Of Law

Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing ...


On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau Feb 2020

On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau

Research Collection School Of Law

Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issuessurrounding not just the temporal application of the law but also theprotection of the interests belonging to all citizenry, including convictedpersons. Recent decisions in Singapore and elsewhere provide an opening for amore detailed inquiry to be undertaken.


A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh Feb 2020

A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore’s highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.


Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan Jan 2020

Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection School Of Law

Abuse, exploitation and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults’ best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore’s Vulnerable Adults Act identifies the point for intervention and ...


Review Of Pluralist Constitutions In Southeast Asia By Jaclyn L Neo And Bui Ngoc Son (Eds), Benjamin Joshua Ong Jan 2020

Review Of Pluralist Constitutions In Southeast Asia By Jaclyn L Neo And Bui Ngoc Son (Eds), Benjamin Joshua Ong

Research Collection School Of Law

The project which gave rise to this book was motivated by a dearth of existing scholarship on the role of plurality within (as opposed to among) Southeast Asian nations (at p 5); how plurality can serve as a “source of constitutional dynamism” rather than of “constitutional contestations” (at p 6); and the role of constitutional practice (as opposed to the features which institutions possess on paper) (at p 6). The book aims to address these gaps through a collection of essays, each of which focuses on the constitutional orders in one or two Southeast Asian countries. As the editors Jaclyn ...


Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection 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 ...


Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong Dec 2019

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection 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 ...


Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan Nov 2019

Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan

Research Collection 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 ...


Unjust Enrichment In Asia Pacific, Man Yip Nov 2019

Unjust Enrichment In Asia Pacific, Man Yip

Research Collection School Of Law

No abstract provided.


Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong Nov 2019

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection 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 ...


Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai Oct 2019

Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai

Research Collection School Of Law

This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through ...


Reform Of Singapore's Foreign Judgment Rules, Adeline Chong Oct 2019

Reform Of Singapore's Foreign Judgment Rules, Adeline Chong

Research Collection 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 ...


Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Man Yip Oct 2019

Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Man Yip

Research Collection 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 ...


On The Necessity Of Incorporating Ip Laws Into The Civil Law Of China And How, Chuntian Liu, Kung-Chung Liu Sep 2019

On The Necessity Of Incorporating Ip Laws Into The Civil Law Of China And How, Chuntian Liu, Kung-Chung Liu

Research Collection School Of Law

To codify IP laws into the Civil Law is the way to go for the modernization of the Civil Law in China. China, a mega economy rising swiftly in the last couple of decades and a latecomer to the rule of law, should grasp the moment, ride on the tide of history, surpass its forefathers, break away from the mould and pave the way to modernizing the Civil Law. Furthermore, by codifying IP laws into the Civil Law, China will be laying a solid legal foundation for the long-term strategy of innovation-driven development and for the rule of law in ...


Introduction, Summary, And Some Inferences, Kung-Chung Liu Sep 2019

Introduction, Summary, And Some Inferences, Kung-Chung Liu

Research Collection School Of Law

India and China make a perfect comparison pair in the area of IT industry, with each having its unique strength and potential for cooperation and synergy. Due to heavy involvement of Indian IT firms in software outsourcing arrangement by MNEs, the IP or patent resources are not important. This is especially true when compared with Chinese IT firms, which have much larger patenting volume (compared with other manufacturing sectors). Film industry in India and China has grown despite piracy. In other words, it prospered with little or no copyright protection. More importantly, piracy in China and India did not kill ...


The State Of Legal Innovation In Asia-Pacific, Jerrold Tsin Howe Soh Sep 2019

The State Of Legal Innovation In Asia-Pacific, Jerrold Tsin Howe Soh

Research Collection School Of Law

The report currently covers ten jurisdictions which, appearing alphabetically in separatechapters following this preface, are Australia, China, Hong Kong, India, Japan, the Republic ofKorea, Malaysia, Russia, Singapore, and a snapshot chapter of the United States. Collectively,these country-chapters make three points clear.


Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan Jul 2019

Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan

Research Collection School Of Law

It is trite that the law on directors' duties is an important part of corporate governance. It is therefore unsurprising that a large part of extant research in the area is focused on understanding what the law requires, and how it applies or should apply in any particular situation. Such research is however largely reactive. In our research, we set out to look at duties from the perspective of the directors, with a view to appreciating how Singapore directors understand the law as it applies to them. The impetus for this is three-fold: First, to assess the depth of awareness ...


The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee Jul 2019

The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee

Research Collection School Of Law

In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders’ voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be ...


Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, Ian Ernst Chai Jun 2019

Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, Ian Ernst Chai

Research Collection School Of Law

This paper conducts a comparative study onthe performance of various machine learning(“ML”) approaches for classifying judgmentsinto legal areas. Using a novel dataset of 6,227Singapore Supreme Court judgments, we investigate how state-of-the-art NLP methodscompare against traditional statistical modelswhen applied to a legal corpus that comprisedfew but lengthy documents. All approachestested, including topic model, word embedding, and language model-based classifiers,performed well with as little as a few hundredjudgments. However, more work needs to bedone to optimize state-of-the-art methods forthe legal domain.


Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip Jun 2019

Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip

Research Collection School Of Law

This article considers two recent developments in Singapore private international law: the establishment of the Singapore International Commercial Court and the enactment of the Hague Convention on Choice of Court Agreements 2005 into Singapore law. These two developments are part of Singapore’s strategy to promote itself as an international dispute resolution hub and are underscored by giving an enhanced role to party autonomy. This article examines the impact of these two developments on the traditional rules of private international law and whether they achieve the stated aim of positioning Singapore as a major player in the international litigation arena.


Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia Jun 2019

Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia

Research Collection School Of Law

The introduction of the Protection from Online Falsehoods and Manipulation Act (POFMA) has been generating considerable debate and feedback. Some of the concerns raised include whether the bill unduly restricts the freedom of expression. In focusing on the hate speech provisions of the POFMA, this legislation comment situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.


Restitution, Man Yip Jun 2019

Restitution, Man Yip

Research Collection School Of Law

The year 2018 produced only a handful of cases on the law of unjust enrichment and restitution. However, two are seminal cases and of note to the entire common law world: Ochroid Trading Ltd v Chua Siok Lui1 (“Ochroid”) and Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua2 (“Turf Club”). Ochroid dealt with the hotly debated topic of the illegality defence against a claim in unjust enrichment for the recovery of money paid pursuant to an illegal contract. Rejecting the newly formulated Patel v Mirza3 approach under English law, the Court of Appeal in Ochroid set Singapore law ...


Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Adeline Chong, Tiong Min Yeo Jun 2019

Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Adeline Chong, Tiong Min Yeo

Research Collection 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.


Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong May 2019

Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong

Research Collection School Of Law

Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means


The Constitutionality Of Ouster Clauses: Nagaenthran A/L K Dharmalingam V Attorney-General [2018] Sghc 112, Benjamin Joshua Ong May 2019

The Constitutionality Of Ouster Clauses: Nagaenthran A/L K Dharmalingam V Attorney-General [2018] Sghc 112, Benjamin Joshua Ong

Research Collection School Of Law

Section 33B(4) of Singapore’s Misuse of Drugs Act purportedly partly ousts judicial review of the Public Prosecutor’s determination of whether a drug trafficker has substantively assisted the anti-drug enforcement agency. This paper argues that Singapore’s High Court erred in holding this provision constitutionally valid. Ouster clauses are unconstitutional vis-à-vis Articles 12(1) and 93 of the Constitution; the High Court’s view does not accord with the law on non-justiciability, and is premised on a flawed theory of legislative intention. It is no answer that judicial power is subject to a ‘balance’ which renders a partial ...


Enlarged Panels In The Court Of Appeal Of Singapore, Kwan Ho Lau Apr 2019

Enlarged Panels In The Court Of Appeal Of Singapore, Kwan Ho Lau

Research Collection School Of Law

For many years the Court of Appeal of Singaporegenerally sat with no more than three judges to hear cases. Since 2014, however, quintets have increasingly been constituted in that court. This articleconsiders the recent practice in Singapore and, drawing on comparisons with theposition in some other Commonwealth jurisdictions, offers a few thoughts on its possible operation in the future.


Dispute Settlement Provisions In Asean’S External Economic Agreements With China, Japan And Korea, Henry S. Gao Mar 2019

Dispute Settlement Provisions In Asean’S External Economic Agreements With China, Japan And Korea, Henry S. Gao

Research Collection School Of Law

This paper conducts a detailed critical analysis of the dispute settlement mechanisms in ASEAN’s external economic agreements with China, Japan and Korea by reviewing the main procedural rules of these mechanisms. The paper also discusses the difference among these agreements, and compares them with the World Trade Organization (WTO) dispute settlement mechanisms. The paper concludes with thoughts on how these dispute settlement mechanisms might evolve in the future, especially in view of the ongoing negotiations for the Regional Comprehensive Economic Partnership Agreement (RCEP).


Chapter 1: Asean Law In The New Regional Economic Order: An Introductory Roadmap To The Asean Economic Community, Pasha L. Hsieh, Bryan Mercurio Mar 2019

Chapter 1: Asean Law In The New Regional Economic Order: An Introductory Roadmap To The Asean Economic Community, Pasha L. Hsieh, Bryan Mercurio

Research Collection School Of Law

The impasse of the World Trade Organization (WTO) Doha Round has spurred the proliferation of trade and investment agreements, particularly in the Asia-Pacific region. The fast-growing Association of Southeast Asian Nations (ASEAN) has been attracting the attention of governments and enterprises, increasing its importance to global value chains and the world economy. This book explores the theoretical concept of ASEAN law within the broadly defined discipline of international economic law. More specifically, it sheds light on the roadmap to the ASEAN Economic Community Blueprint 2025 by evaluating the impact of regional agreements on the business and commercial aspect of laws.