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Articles 1 - 30 of 58
Full-Text Articles in Law
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Research Collection Yong Pung How School Of Law
At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.
Stamp Duty Relief And Anti-Avoidance Provisions, Vincent Ooi
Stamp Duty Relief And Anti-Avoidance Provisions, Vincent Ooi
Research Collection Yong Pung How School Of Law
Reliefs from stamp dutyIn certain circumstances, stamp duty reliefs may be applicable to instruments that would otherwise be dutia-ble, provided that the reliefs are claimed within specified statutory time limits. Such reliefs are distinct from stamp duty remissions, which may be granted by the Minister through the exercise of his powers under Sec-tion 74 of the Stamp Duties Act (Cap 312, 2006 Ed.). Under Section 74 of the Stamp Duties Act, the Minister has the discretion to prospectively or retrospectively reduce or remit duties subject to such conditions as he may impose. This power may be exercised on a general …
Dual-Class Shares In Singapore – Where Ideology Meets Pragmatism, Pey Woan Lee
Dual-Class Shares In Singapore – Where Ideology Meets Pragmatism, Pey Woan Lee
Research Collection Yong Pung How School Of Law
This article seeks to understand the rationale for and potential implications of the introduction of dual class shares (DCS) in Singapore. It does so by first considering the theoretical as well as evidential arguments for and against the use of DCS, followed by a survey on the reception (or otherwise) of such structures in four common law jurisdictions with vibrant capital markets, viz., Canada, the United States, United Kingdom and Hong Kong. It observes that the chief argument cited by business founders to justify the use of DCS structures is the desire to enhance a firm’s long-term profitability by shielding …
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip
Research Collection Yong Pung How School Of Law
At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.
All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene
All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan said the choice of Finance Minister Heng Swee Keat as the People’s Action Party’s first assistant secretary-general should not come as a surprise as he was the only fourth-generation (4G) leader to be made a full Minister upon winning his maiden election in 2011, helming the Education Ministry between 2011 and 2015. He opined that Mr Heng’s 4G team will have to stamp their distinctive collective identity and leadership ethos as governance becomes increasingly complex.
Whole-Of-Society Approach Needed Against Truth Decay, Tan K. B. Eugene
Whole-Of-Society Approach Needed Against Truth Decay, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that technology has compounded the problem of fake news and that governments and legislation are not the only means to curb them. This is especially so when blunt legislation may end up eroding the fundamental liberty of freedom of speech and expression. He sought the use of a multi-pronged, multi-stakeholder approach against disinformation campaigns and with trusted sources of information being boosted to produce real information for the public.
Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua Ong
Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd, the Singapore Court of Appeal considereda payment claim to have been validly served although it was served earlier thanthe contractually stipulated date. This was because the service of the paymentclaim was “effective” only from the contractually stipulated date, and theclaimant had had a “good reason” to serve the payment claim early. This notecritically examines the reasoning in Audi vis-à-vis the existing law, the principleof freedom of contract, and the intentions of the parties in that case. In theabsence of future judicial elaboration on the “effective service” and “goodreason” doctrines, …
Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan
Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan
Research Collection Yong Pung How School Of Law
For some time, practitioners would have seen news alerts headlining that third-party funding is permitted in Singapore and Hong Kong for arbitration and arbitration-related court proceedings. Digging a little deeper beyond the shiny new labels, this article highlights three practical “pitfalls” which practitioners would have to be mindful of when dealing with third-party funding in Singapore and Hong Kong.
Disruptive Technologies And Sustainable Development: Implications For Southeast Asia, Ching-Fu Lin, Han-Wei Liu
Disruptive Technologies And Sustainable Development: Implications For Southeast Asia, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Disruptive technologies, including artificial intelligence, distributed ledger technologies, and the internet of things, are driving a transformative reorganisation of economic structures. If correctly harnessed, these emerging technologies have the potential to assist economies in creating new efficiencies, boosting productivity, and enhancing international trade. This paper explores the scope for these technologies to contribute to sustainable development, highlighting how they could be deployed and implications for Cambodia, Lao PDR, Myanmar, and Vietnam.
Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan
Research Collection Yong Pung How School Of Law
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such “non-participating” respondents, what are the rights and obligations of each party? Specifically, insofar as Model Law jurisdictions are concerned, if a tribunal decides on jurisdiction as a preliminary issue must the non-participating respondent apply under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to the curial Court to review that decision, or otherwise lose the right to challenge any eventual award thereafter on jurisdictional grounds? Can the non-participating …
The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua
The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
Overview of the Season. This is the fourth annual review of Singapore’s performance in international moot competitions. As the latest moot season draws to a close, we are happy to report that the 2017/18 season has been another fairly decent one for Singapore mooters.
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Research Collection Yong Pung How School Of Law
In conjunction with its launch on 5 November 2014, the Singapore International MediationCentre (SIMC), in collaboration with the Singapore International Arbitration Centre (SIAC), introduced the Arbitration-Mediation-Arbitration (Arb-Med-Arb) Protocol (the AMA Protocol), aprocess that aims at combining the benefits of these two most prominent alternative dispute resolution tools.
Enforcing Town Councils’ Duties Of Financial Prudence: Problems Addressed By The Town Councils (Amendment) Act 2017, Benjamin Joshua Ong
Enforcing Town Councils’ Duties Of Financial Prudence: Problems Addressed By The Town Councils (Amendment) Act 2017, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
This article discusses the means by which a TownCouncil’s statutory duties, particularly its duties of financial prudence, maybe enforced. It studies the law as it was prior to 2017 and reveals variousconceptual and practical problems, the result of which was that it was possiblefor a Town Council to fail to perform its statutory duties and face onlyminimal consequences. This article willprovide a background to some of the new statutory procedures introduced in the2017 amendments to the Town Councils Act, which solve the problems from whichthe previous law suffered. It is hoped that this will shed light on the historyof the …
Family Law, Siyuan Chen
Family Law, Siyuan Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene
Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that the report of the Select Committee on Deliberate Online Falsehoods affirms a veritable truth: that the best antidote against weaponised falsehoods is an informed citizenry. However, he noted that this recommendation to nurture well-informed citizens is also likely to be the most challenging to realise the desired outcomes. An informed public will take a substantial period of time to evolve. He also cautioned the need for judicial oversight over severe powers that might abuse freedom of speech and expression and recognise that a government of the day may …
It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman
It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman
Research Collection Yong Pung How School Of Law
This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm shift …
Strengthening The Legal Practice The Heart Way, Tan K. B. Eugene
Strengthening The Legal Practice The Heart Way, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as the legal profession strives to remain relevant, it must resolve to be steadfast and true to its calling. The report of the Committee for the Professional Training Lawyers recently released urged all those seeking to read law and to practise law “[to] be frank in asking themselves why they are attracted to the profession”. Associate Prof Tan noted that with the Government accepting in principle the committee’s recommendations, the pathway to be a full-fledged lawyer is going to be more demanding and longer.
Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang
Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang
Research Collection Yong Pung How School Of Law
In this article, we examine a general question: is the legal transplantation of corporate governance rule effective in curtailing agency costs? Entering into the 21st century, we have seen reforms of corporate governance standards in the Far East since the Asian Financial Crisis in 1997, including in Hong Kong and Singapore. These reforms built on the Anglo-American model of corporate governance in the UK and US supported by broad academic literature of connecting better corporate governance with firm value and identifying the association of tunneling or wrongdoings with poor corporate governance practices. The idea is also to provide more checks-and-balances …
The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene
The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that the recent National Day Rally speech by Prime Minister Lee Hsien Loong should recalibrate HDB home owners’ expectations of their home as an ever-appreciating asset. While the recalibration of the HDB-as-asset message is welcome, Associate Prof Tan noted that more could have been done to raise some hard truths such as how upgrading costs for the HDB flats would be funded given an ageing population and a shrinking workforce.
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
Research Collection Yong Pung How School Of Law
In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation …
Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong
Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong
Research Collection Yong Pung How School Of Law
A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore.
Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander
Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and previous Kluwer posts on aspects of Vietnamese mediation, this post offers an overview of the main features of Vietnam’s legal and institutional framework for commercial mediation.
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
Research Collection Yong Pung How School Of Law
The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.
From Waqf, Ancestor Worship To The Rise Of The Global Trust: A History Of The Use Of The Trust As A Vehicle For Wealth Transfer In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This Article focuses on the migration of English trust law to Singapore and its past and present uses in relation to wealth transfer through the ages. In Singapore, trust law arrived together with the corpus of English law. Unlike criminal law, which was influenced by Indian codes promulgated by the English in British India, trust law was received into Singapore directly from England.
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 …
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 …
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 …
Singapore Convention On Mediation, Nadja Alexander
Singapore Convention On Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution to name the Convention the “Singapore Mediation Convention” was also approved. This concludes three years of vigorous debate with participation by 85 member states and 35 international governmental and non-governmental organisations. Once finalised and adopted by UNCITRAL, the next step is for the UN General …