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Articles 61 - 90 of 133
Full-Text Articles in Law
Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong
Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong
Research Collection Yong Pung How School Of Law
National report on Singapore's data protection laws, including the Personal Data Protection Act, and how data protection laws are implemented and enforced in Singapore.
Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Research Collection Yong Pung How School Of Law
Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the Court apply national rules of evidence, or does the Court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny question reared its head recently in …
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Research Collection Yong Pung How School Of Law
This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate …
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choice of Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by the co-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, and traditional common law jurisdictional principles within the private international law and procedural rules of a single national jurisdiction. This article highlights several key issues raised by the interaction between the SICC, Hague Convention, and common law jurisdictional rules, and proposes solutions to streamline these three sets …
One Man’S Tale Of Resisting The Seducing Spa Sirens Of Singapore, Gary Low
One Man’S Tale Of Resisting The Seducing Spa Sirens Of Singapore, Gary Low
Research Collection Yong Pung How School Of Law
Why do people give in to pressure selling in the slimming and beauty industry? One consumer lawprofessor explores the dazzling experience of stepping into a spa.
Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson
Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with …
Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen
Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen
Research Collection Yong Pung How School Of Law
In the recent decision of Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the Singapore High Court (“HC”) rejected an application to adjourn the enforcement of an arbitral award that was also the subject of a setting aside application in Denmark, the seat of the arbitration. This case is the first of its kind in Singapore and provides clarity as to when litigants can seek an adjournment of proceedings to enforce a foreign arbitral award.
Regulatory Reform In China And The Eu: A Law And Economics Perspective, Han-Wei Liu
Regulatory Reform In China And The Eu: A Law And Economics Perspective, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Edited by Stefan E. Weishaar, Niels Philipsen and Wenming Xu, this volume is an output of collaborative efforts that bring together a group of both established and emerging law and economics scholars from China and the European Union (EU). The volume makes a timely contribution to existing scholarship in several crucial ways. First, although this collection originated from a series of conferences held between 2012 and 2015, many of the debates engaged in by contributors, and in particular the overarching theme of this book, turn on the role of the Chinese government in directing the behaviour of market participants at …
How Strong Is Public Support For The Death Penalty In Singapore?, Wing-Cheong Chan, Ern Ser Tan, Jack Tsen-Ta Lee, Braema Mathi
How Strong Is Public Support For The Death Penalty In Singapore?, Wing-Cheong Chan, Ern Ser Tan, Jack Tsen-Ta Lee, Braema Mathi
Research Collection Yong Pung How School Of Law
Singapore is well known internationally for its uncompromising stance towards law and order and its use of the death penalty in particular for murder and drug trafficking. Until 2012, it was one of the few countries in the world where the death penalty was mandatory for persons convicted of these two crimes. The law was amended in 2012 to give a judge the choice to impose the death penalty or life imprisonment (with caning) for non-intentional murder and drug trafficking in some situations. What do Singaporeans think of the use of the death penalty in their own country? This article …
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions: 1. Do these forms of online activity constitute acts of communication (or making available) in the first instance? 2. Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It …
Mareva Injunctions Under Singapore Law, Adeline Chong
Mareva Injunctions Under Singapore Law, Adeline Chong
Research Collection Yong Pung How School Of Law
Whether the Singapore court has the jurisdiction or power to grant a Mareva injunction in aid of foreign court proceedings was recently considered by the Singapore High Court in PT Gunung Madu Plantations v Muhammad Jimmy Goh Mashun [2018] SGHC 64. Both plaintiff and defendant were Indonesian and the claim related to alleged breaches of duties which the defendant owed to the plaintiff. The plaintiff had obtained leave to serve the writ in Indonesia on the defendant. The defendant thereupon applied, inter alia, to set aside service of the writ and for a declaration that the court has no jurisdiction …
The Law And Finance Of Initial Coin Offerings, Aurelio Gurrea-Martinez, Nydia Remolina Leon
The Law And Finance Of Initial Coin Offerings, Aurelio Gurrea-Martinez, Nydia Remolina Leon
Research Collection Yong Pung How School Of Law
The rise of new technologies is changing the way companies raise funds. Along with the increase of crowdfunding in recent years, the use of Initial Coin Offerings (ICOs) has emerged more recently as a new form to raise capital. Companies in the United States raised more than $4 billion in 2017 and over $6.3 billion were raised through ICOs in the first three months of 2018. In a typical ICO, a company receives cryptocurrencies in exchange for certain rights embodied in “tokens”, whose nature, treatment and implications are generating controversy among securities regulators around the world.
Shareholder Litigation And Corporate Disclosure: Evidence From Derivative Lawsuits, Thomas Bourveau, Yun Lou, Rencheng Wang
Shareholder Litigation And Corporate Disclosure: Evidence From Derivative Lawsuits, Thomas Bourveau, Yun Lou, Rencheng Wang
Research Collection School Of Accountancy
Using the staggered adoption of universal demand (UD) laws in the United States, we study the effect of shareholder litigation risk on corporate disclosure. We find that disclosure significantly increases after UD laws make it more difficult to file derivative lawsuits. Specifically, firms issue more earnings forecasts and voluntary 8-K filings, and increase the length of management discussion and analysis (MD&A) in their 10-K filings. We further assess the direct and indirect channels through which UD laws affect firms' disclosure policies. We find that the effect of UD laws on corporate disclosure is driven by firms facing relatively higher ex …
Accounting Choices And The Legal Environment: The Impact Of The Ex Post Loss Rule, Teck Meng Junior Tan
Accounting Choices And The Legal Environment: The Impact Of The Ex Post Loss Rule, Teck Meng Junior Tan
Research Collection School Of Accountancy
Using a landmark Supreme Court decision as a natural experiment, I examine the impact of a fundamental requirement in securities litigation, the ex post loss rule, on income-decreasing accounting choices. Dura Pharmaceuticals v. Broudo (2005) established that plaintiffs must show that the alleged misrepresentations caused an actual economic loss. The case resolved a circuit split, allowing me to identify a treatment jurisdiction affected by Dura, and control jurisdictions in which the rule was already the prevailing legal standard. Motivated by legal analyses suggesting that Dura incentivizes firms to delay negative corrections, I hypothesize and find that treatment firms in high-litigation …
Individual Lawyers, The Sec Revolving Door, And Comment Letters, Michael Shen, Samuel T. Tan
Individual Lawyers, The Sec Revolving Door, And Comment Letters, Michael Shen, Samuel T. Tan
Research Collection School Of Accountancy
Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using a hand-collected database of individual lawyers that represent firms in responding to SEC comment letters, we examine the impact of individual lawyers, and lawyers formerly employed by the SEC, on the comment letter process. We document significant differences between lawyers and law firms in their clients’ resistance to SEC comment letters, and find that firms that retain former SEC employees are larger, more profitable, and more likely to have received a comment letter raising …
Smu School Of Law Awarded Significant Research Grant To Address Governance Of Ai And Data Use, In Support Of The Development Of Singapore’S Digital Economy, Singapore Management University
Smu School Of Law Awarded Significant Research Grant To Address Governance Of Ai And Data Use, In Support Of The Development Of Singapore’S Digital Economy, Singapore Management University
SMU Press Releases
The Singapore Management University (SMU) School of Law has been awarded a major grant of S$4.5 million from the National Research Foundation (NRF) and the Infocomm Media Development Authority (IMDA) to helm a five-year Research Programme on the Governance of Artificial Intelligence (AI) and Data Use. SMU School of Law will also set up a new research centre to undertake focused efforts on the Programme. The award follows a competitive application process that was open to all Institutes of Higher Learning (IHLs) in January 2018.
A Review Of Civil Protection Orders In Six Jurisdictions, Wing Cheong Chan
A Review Of Civil Protection Orders In Six Jurisdictions, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Traditional criminal and civil remedies are inadequate responses against the problem of domestic violence. The criminal justice system requires allegations to be proven beyond reasonable doubt, the focus is on punishment for past acts instead of prevention of vio-lence from recurring, and the existing criminal offences do not fully cover the range of undesirable conduct. As for the civil justice system, the court processes take too long and are often incomprehensible to litigants-in-person, and there are no clear penalties imposed by the law even if an injunction is awarded by the court. In order to provide vic-tims of domestic violence …
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this …
The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander
The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach. As a CNN reporter framed it: “Trump picks ‘attitude’ over prep work ahead of Singapore summit”. In relation to the Summit, Trump has reportedly said, it is about attitude not preparation. Earlier this year as he rejected Japan’s proposal for a tripartite co-ordination of the …
New Online Service On International Arbitration, Adeline Chong
New Online Service On International Arbitration, Adeline Chong
Research Collection Yong Pung How School Of Law
The Chinese perspective on The South China Sea Arbitration, is just one of the 40+ texts searchable on the new online service, International Arbitration.The service is made up of content from three respected publishing brands (Hart Publishing, CH Beck-Nomos and Bloomsbury Professional). It provides access to materials by over 60 respected author names with the speed and convenience of online research.
Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China's Emergent Equilibrium, Mark Mclaughlin
Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China's Emergent Equilibrium, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Investor–State arbitration is in a state of flux. In recent years, doubts about its adequacy have become apparent: questions of coherence, consistency, legitimacy, and utility have rendered fragile the central place of investor–State arbitration in global foreign direct investment (FDI) governance. Three threads of reform have been advanced as a corrective to these deficiencies, encompassing incremental reform, institutional reform, and fundamental reform. China is perhaps the most influential nation not to have declared a preference for one future or another. For over a decade, the Chinese approach to investor–State arbitration has been in a state of disequilibrium: bilateral investment treaties …
How Might The European Union Engage Constructively With China In The South China Sea?, Nengye Liu, Qi Xu
How Might The European Union Engage Constructively With China In The South China Sea?, Nengye Liu, Qi Xu
Research Collection Yong Pung How School Of Law
This article addresses the following questions: How does the South China Sea matter to the European Union? What roles could the EU play in the governance of the South China Sea? In particular, how could the EU effectively engage with China in the South China Sea? The article provides an analysis of the legal basis and policy background for the EU's involvement in the South China Sea governance and explores the EU's interests in the South China Sea.
"Rule Of Trust": The Power And Perils Of China's Social Credit Megaproject, Yu-Jie Chen, Ching-Fu Lin, Han-Wei Liu
"Rule Of Trust": The Power And Perils Of China's Social Credit Megaproject, Yu-Jie Chen, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Emerging as a comprehensive and aggressive governance scheme in China, the “Social Credit System” (SCS) seeks to promote the norms of “trust” in the Chinese society by rewarding behavior that is considered “trust-keeping” and punishing those considered “trust-breaking.” This Article closely examines the evolving SCS regime and corrects myths and misunderstandings popularized in the international media. We identify four key mechanisms of the SCS, i.e., information gathering, information sharing, labeling, and joint sanctions, and highlight their unique characteristics as well as normative implications. In our view, the new governance mode underlying the SCS—what we call the “rule of trust”—relies on …
Singapore Income Taxation, Vincent Ooi, Irving Aw, Joanna Yap
Singapore Income Taxation, Vincent Ooi, Irving Aw, Joanna Yap
Research Collection Yong Pung How School Of Law
28.1.1 Section 10(1) of the Income Tax Act (Cap. 134, 2014 Rev. Ed.) (“ITA”) is the charging provision which provides for income tax to be payable for each year of assessment (“YA”) upon the income of any person. Income is taxable if it falls within one of the enumerated heads of charge under sections 10(1)(a) to (g).Income is taxable only if it is sourced in Singapore, i.e. accruing in or derived from Singapore, or received in Singapore from outside Singapore, subject to variations.Only revenue (and not capital) receipts are taxable, and only revenue (and not capital) expenses are deductible for …
The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim
The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim
Research Collection School of Social Sciences
Constitutional interpretation generates intense debates over rights and powers. Countless U.S. Supreme Court decisions, articles, and books discuss these debates. With regard to powers, these debates often center around a nationalistic view of the U.S. Constitution, where the U.S. Congress has broad and expansive powers, or a states’ rights view of the document, where Congress has narrow and limited powers.1 With regards to rights, these debates often center around an emphasis on a moral reading of various clauses2 versus an emphasis on originalism
Negotiating The Legal Systems In Asean, Kee Yang Low, Philip Charles Zerrillo
Negotiating The Legal Systems In Asean, Kee Yang Low, Philip Charles Zerrillo
Asian Management Insights
One may ask: What is a thought piece on legal systems doing in a business magazine?
A Theoretical Perspective Of The Public Policy Doctrine In The Conflict Of Laws, Kenny Chng
A Theoretical Perspective Of The Public Policy Doctrine In The Conflict Of Laws, Kenny Chng
Research Collection Yong Pung How School Of Law
The public policy doctrine in the conflict of laws hasbeen often characterised as uncertain and ambiguous. This article aims toexamine the doctrine at common law from a theoretical perspective in order to:first, determine whether the substantive considerations which courts haveinvoked under the public policy doctrine are theoretically justifiable; second,discern principled boundaries around the courts’ exercise of the defence. Througha study of case law and an examination from first principles of the normativebasis for the recognition of foreign laws and judgments, this article proposesa set of principles that can form the theoretical underpinning of the publicpolicy doctrine, and will examine how …
Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin
Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more …
Stamp Duty Issues In Singapore Corporate Practice, Vincent Ooi
Stamp Duty Issues In Singapore Corporate Practice, Vincent Ooi
Research Collection Yong Pung How School Of Law
A new dimension to the determination and computation of stamp duties payable in corporate transactions has been introduced due to the Additional Conveyance Duties (“ACD”) Regime. For companies with significant residential property holdings, liability to pay ACD potentially extends to all transactions involving the issuance, transfer or cancellation of equity interests. This paper considers the impact of ACD on several common corporate transactions in Singapore, addressing the risks practitioners may face in being blindsided by potential tax liabilities. Besides highlighting potential pitfalls, this paper explores the use of advance rulings and preferring debt financing over equity financing for tax optimisation.
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Research Collection Yong Pung How School Of Law
Singapore registered design law is largely based on UK legislation and, notwithstanding subsequent amendments, the underlying principles remain broadly similar. This article aims to compare Singapore registered design law with EU legislation in relation to sets, modular systems and interconnections.'Sets of articles' are afforded protection under both Singapore law and EU registered design law. Under both regimes such protection can prove problematic, as under Singapore law it may require a court to make an artistic assessment as to whether the goods are of the same 'general character' and under EU law the Guidelines issued by the EUIPO appear to go …