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Articles 31 - 60 of 1653
Full-Text Articles in Law
Effect Of Amended Claim On A Warrant Of Arrest In An Admiralty Action In Rem, Ming En Tor
Effect Of Amended Claim On A Warrant Of Arrest In An Admiralty Action In Rem, Ming En Tor
Research Collection Yong Pung How School Of Law
Suppose I have filed my statement of claim endorsing the writ in rem, and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to execute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This …
Rethinking Acting In Concert: Activist Esg Stewardship Is Shareholder Democracy, Dan W. Puchniak, Umakanth Varottil
Rethinking Acting In Concert: Activist Esg Stewardship Is Shareholder Democracy, Dan W. Puchniak, Umakanth Varottil
Research Collection Yong Pung How School Of Law
In May 2021, Engine No. 1, an investment fund, was lauded by the responsible investment community for successfully placing three dissident independent directors on ExxonMobil’s board. It achieved this by being a catalyst for institutional investors to become backers of environmental shareholder activism. The unprecedented success of Engine No. 1’s campaign has spurred calls for a new, more sustained, activist engagement model by institutional investors, now known as “activist stewardship”.However, there is a significant legal hurdle that has been almost entirely overlooked by those calling for this new approach for institutional investors to become activist stewards: acting in concert rules. …
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
Energy governance at the international level is fraught with difficulties due to the 'competition among purposes' between different bodies of international law. In this paper, we extend this thesis to argue that the same tension may be found in domestic energy governance. Drawing from China's experience in the governance of climate change and energy transition, we analyse how the misalignment of incentives between different actors and the incomplete market reform led to a drastic shift in policy in 2021. We also compare the different approaches in China's energy governance and trade governance and draw some general lessons on how developing …
Asia’S Moment: Contextualizing The Rules Of The Corporate Governance Game, Dan W. Puchniak
Asia’S Moment: Contextualizing The Rules Of The Corporate Governance Game, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
Whether this century is Asia’s century is still open for debate. What is clear now, however, is that understanding corporate governance in Asia is a paramount issue of global importance. Asia is forecast to account for an astonishing 70% of global growth in 2023.
The United States Vs. China: The Quest For Global Economic Leadership By C. Fred Bergsten, Henry S. Gao
The United States Vs. China: The Quest For Global Economic Leadership By C. Fred Bergsten, Henry S. Gao
Research Collection Yong Pung How School Of Law
This book is one of the latest additions to the voluminous literature exploring two of the biggest geopolitical trends in our age: the rise of China and its changing relationship with the United States. However, two features make this book unique. First is its scope: it is one of a few that specifically focus on the systemic implications to the global economic order arising from the tensions between the two largest economies in the world. Second, its author, C. Fred Bergsten, is one of the most qualified in the world to write on the topic. Bergsten not only is one …
An Asian Solution For The World’S Environment? Corporate Governance In A Non-Anglo-American World, Dan W. Puchniak
An Asian Solution For The World’S Environment? Corporate Governance In A Non-Anglo-American World, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
Historically, when it comes to determining what counts as “good” corporate governance globally, the United Kingdom and United States have set the rules of the game. This has resulted in ill-fitting Anglo-American corporate governance solutions being transplanted to Asia with unforeseen consequences.[i] Will Asia repeat this history by adopting Anglo-American corporate governance solutions to solve its environmental problems?
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …
The Quincecare Duty In Flux: The Implications For Banks And Digital Asset Platforms, Jason. Teo, Aaron Yoong
The Quincecare Duty In Flux: The Implications For Banks And Digital Asset Platforms, Jason. Teo, Aaron Yoong
Research Collection Yong Pung How School Of Law
With the increased sophistication of online payment methods, it is unsurprising that incidents of fraud have become commonplace, with fraudsters often employing innovative means against unsuspecting victims. Users, regulators and industry players in the banking sector are, in many aspects, struggling to keep pace with the continually evolving legal landscape of the fraud space. Similar challenges also begin to arise in the digital asset space for the various platforms engaged (whether for trading or staking). In recent years, a significant question has resurfaced concerning the liability of entities such as banks and digital asset platforms for the losses suffered by …
The New System Of Civil Appeals: What "Constitutional Or Administrative Law" Is; Whether To Appeal To The Appellate Division Or The Court Of Appeal; And Proposals For Further Reform, Benjamin Joshua Ong
The New System Of Civil Appeals: What "Constitutional Or Administrative Law" Is; Whether To Appeal To The Appellate Division Or The Court Of Appeal; And Proposals For Further Reform, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
An application was made under s 95 of the Legal Profession Act to set aside a penalty imposed by the Council of the Law Society. The Court of Appeal held that an appeal lay to the Appellate Division of the High Court, and not the Court of Appeal, because this was not a “case relating to constitutional or administrative law”. The reasoning is problematic: it relied on an overly narrow conception of “public powers”, conflated judicial review with administrative law more broadly, erroneously considered the merits of the application as relevant to the “which court” question, and overlooked the similarities …
Equity In Commerce: Too Much And Too Little?, Man Yip
Equity In Commerce: Too Much And Too Little?, Man Yip
Research Collection Yong Pung How School Of Law
The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable …
The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang
The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to …
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay
Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay
Research Collection Yong Pung How School Of Law
With the desired outcome of social good within the wider robotics ecosystem, trust is identified as the central adhesive of the human–robot interaction (HRI) interface. However, building trust between humans and robots involves more than improving the machine’s technical reliability or trustworthiness in function. This paper presents a holistic, community-based approach to trust-building, where trust is understood as a multifaceted and multi-staged looped relation that depends heavily on context and human perceptions. Building on past literature that identifies dispositional and learned stages of trust, our proposed decision to trust model considers more extensively the human and situational factors influencing how …
Section 25(6) Of The Judicature Act 1873: A ‘Procedural’ Approach, Chee Ho Tham
Section 25(6) Of The Judicature Act 1873: A ‘Procedural’ Approach, Chee Ho Tham
Research Collection Yong Pung How School Of Law
Section 25(6) was re-enacted as section 136(1), replacing the law French ‘chose in action’ with the more Anglo-Saxon ‘thing in action’, together with other minor differences, but to no substantial effect. Largely unchanged, the construct now found in section 136(1) has been part of English law for 150 years. However, understanding what section 136(1) does, and how it does it, remains muddled. On the one hand, given Lord Macnaghten’s pointed observation in William Brandt’s Sons v Dunlop Rubber that, ‘[section 25(6)] does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree’, Smith & Leslie takes …
Equity In Commerce: Too Much And Too Little?, Man Yip
Equity In Commerce: Too Much And Too Little?, Man Yip
Research Collection Yong Pung How School Of Law
The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable …
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
An Example Of Cle Pedagogy From The Singapore Management University, Wing Cheong Chan, Yen Kee Ruby Lee
An Example Of Cle Pedagogy From The Singapore Management University, Wing Cheong Chan, Yen Kee Ruby Lee
Research Collection Yong Pung How School Of Law
This session will showcase a course taught at the Singapore Management University where students were tasked to design aone stop online resource portal to help litigants-in-person, caregivers and family members to navigate legal issues related tothe ageing process. During the course, the students not only met with various community partners providing services to theelderly to find out what services were required but also the elderly to find out their positive and negative online experiences.The students were sensitized to the needs of the community, learnt the law through independent research, assessed theusefulness of existing legal resources available, and learnt the importance …
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …
Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin
Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …
'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi
'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi
Research Collection Yong Pung How School Of Law
This article explains in detail the legal issues surrounding the recent ABSD audit and how exactly the general anti-avoidance rule and the stamp duty avoidance surcharge in the Stamp Duties Act 1929 can be invoked by the IRAS.The article highlights the fact that it may not be enough for a property buyer to show that the '99-to-1' holding was intended to enable the buyer to qualify for a home loan and not 'for stamp duty avoidance'. The property buyer must be able to answer the additional question of why the transfer of the property is 'staggered' in two stages and …
The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh
The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh
Research Collection Yong Pung How School Of Law
Co-ownership of land is commonplace in Singapore, and the manner of holding among co-owners has important practical implications. Joint tenants are subject to the rule of survivorship, but what if a joint tenant does not wish to be locked into the survivorship wheel of fortune? A joint tenant may unilaterally sever the joint tenancy by an act operating upon his or her share of the land, but questions remain as to when that occurs and the consequent duration of severance. This article attempts to address these questions with the current alienation-based approach and suggest the possibility of an intention-based approach.
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Research Collection Yong Pung How School Of Law
A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all …
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …
Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis
Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis
Research Collection Yong Pung How School Of Law
Investor-state dispute settlement (ISDS) plays an increasingly important role in international trade resolution. The decisions have significant financial and in many cases policy implications, yet little is known about the formation of the ad-hoc panels and the decision-making process. Drawing on empirical evidence from interviews with key actors in the ISDS system, this article argues that influence plays a central role in both processes. The analysis further develops the framework for understanding influence in international decision-making to accommodate external factors (those visible to those appointing the decision-makers) and internal factors (those factors that become visible in the decision-making room). It …
Administrative Concessions And The Efficient Taxation Of Digital Tokens In Singapore, Vincent Ooi
Administrative Concessions And The Efficient Taxation Of Digital Tokens In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
Tax authorities around the world have stepped-up enforcement activities on the taxation of digital tokens and begun providing more guidance to taxpayers. However, the relative novelty of the field means that there is likely to be considerable uncertainty as to the correct tax treatment, both on the part of taxpayers and tax authorities. This requires both parties to seek tax and legal advice that is often duplicative (in the sense that similar issues tend to keep coming up for different taxpayers) and bear the risk of taking an incorrect legal position. In some cases, the strict tax position under the …
The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley
The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley
Research Collection Yong Pung How School Of Law
The only central bank money individuals and businesses have today is cash. Everything else they use as money is commercial bank promises. Central bank digital currencies (“CBDC”) will likely change all this by putting central bank money into everyone’s hands. China is a front runner in this revolution, and its CBDC, the e-CNY, may well in time profoundly affect the international economic order. This article analyses the major considerations around the e-CNY, its ramifications, in particular for trade, and its possible challenges.
Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai
Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai
Research Collection Yong Pung How School Of Law
The definition of an investment under Article 25 of the ICSID Convention continues to attract a divergence of views. Ever since its use in 2001, the Salini Test, in its various forms, has become the predominant method that tribunals use to determine whether there is an investment. However, the Salini Test is hardly free from controversy, and suffers from two significant issues. First, its criteria are often subject to differing interpretations, leading to confusion over how the test should actually be applied. Second, the Salini Test has lost its legal force over time, as it has been relegated to factors …
Report On The Challenges Which Digital Assets Pose For Tax Systems With A Special Focus On Developing Countries, Vincent Ooi
Report On The Challenges Which Digital Assets Pose For Tax Systems With A Special Focus On Developing Countries, Vincent Ooi
Research Collection Yong Pung How School Of Law
The paper highlights the need for governments to carefully consider the implications which the rise of crypto assets can have on tax systems, noting that the absence of a deliberate policy position would be a policy decision in itself, with consequences for the tax base. It discusses four main classes of tax risks which crypto assets pose.Firstly, crypto assets and crypto transactions can act as ‘functional substitutes’ for traditional assets and transactions. As existing tax laws are drafted without crypto assets in mind, this can produce a host of unintended tax consequences and produce opportunities for tax arbitrage.Secondly, the values …
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi
Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi
Research Collection Yong Pung How School Of Law
Digital tokens, or crypto assets, are digital financial assets based on distributed ledger technology. They come in a considerable variety of forms and have been used in a large number of different ways. Yet, relatively few tax laws of any jurisdiction mention digital tokens specifically. It is therefore necessary to consider how orthodox tax rules can be applied to transactions involving digital tokens. Given the broad range of forms which digital tokens and transactions involving them can take, this may appear to be a daunting task. A framework providing a rough guide on how to navigate this somewhat new area …