Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (871)
- International and Area Studies (798)
- Asian Studies (796)
- Dispute Resolution and Arbitration (310)
- Commercial Law (167)
-
- Contracts (133)
- International Trade Law (115)
- Business Organizations Law (103)
- Business (101)
- Law and Society (99)
- Criminal Law (96)
- Courts (91)
- International Law (90)
- Public Law and Legal Theory (64)
- Comparative and Foreign Law (62)
- Intellectual Property Law (61)
- Internet Law (59)
- Science and Technology Law (57)
- Banking and Finance Law (51)
- Environmental Law (50)
- Constitutional Law (49)
- Law and Economics (47)
- Physical Sciences and Mathematics (43)
- Medicine and Health Sciences (40)
- Tax Law (39)
- Property Law and Real Estate (37)
- Education (36)
- Public Health (36)
- Human Rights Law (35)
- Keyword
-
- Singapore (218)
- China (57)
- Mediation (56)
- COVID-19 (41)
- Taxation (32)
-
- Tax Law (28)
- Dispute resolution (27)
- Pandemic (26)
- Courts (24)
- WTO (24)
- Corporate governance (22)
- Public health (22)
- Constitutional law (21)
- Asia (16)
- Law (16)
- Restitution (16)
- Cryptocurrencies (15)
- Singapore Management University (15)
- Technology (15)
- Insolvency (14)
- Private international law (14)
- ASEAN (13)
- Administrative law (13)
- Artificial intelligence (13)
- Conflict of laws (13)
- Covid-19 (13)
- Hong Kong (13)
- Access to justice (12)
- Data protection (12)
- Enforcement (12)
- Publication Year
- Publication
-
- Research Collection Yong Pung How School Of Law (1664)
- Knowledge@SMU (55)
- Singapore Law Journal (Lexicon) (31)
- Perspectives@SMU (20)
- Research Collection School of Social Sciences (18)
-
- 2008 Asian Business & Rule of Law initiative (16)
- Research Collection School Of Economics (16)
- SMU Press Releases (16)
- Research Collection Lee Kong Chian School Of Business (15)
- Centre for AI & Data Governance (12)
- Research Collection School Of Computing and Information Systems (11)
- Research@SMU: Connecting the Dots (11)
- Research Collection School Of Accountancy (9)
- Centre for Computational Law (7)
- Centre for Commercial Law in Asia (6)
- Research Collection Library (6)
- 2009 Yong Pung How Professorship of Law Lecture (5)
- Research Collection College of Integrative Studies (3)
- Singapore International Dispute Resolution Academy (3)
- Social Space (3)
- Student Publications (3)
- 2013 Jones Day Professorship of Commercial Law Lecture (2)
- Asian Management Insights (2)
- Oral History Collection (2)
- SMU Corporate Reports (2)
- 2010 Herbert Smith Freehills-SMU Arbitration Lecture Series (1)
- Digital Narratives of Asia (1)
- File Type
Articles 31 - 60 of 1940
Full-Text Articles in Law
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee
Research Collection Yong Pung How School Of Law
Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those …
How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang
How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang
Research Collection Yong Pung How School Of Law
China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, …
Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan
Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
After nearly fifty years of the mandatory death penalty for drug offences, Singapore amended its law in 2012 to give judges a choice in certain situations to impose a sentence of death or life imprisonment instead. However, this change should not be misunderstood as an alteration in Singapore’s zero-tolerance approach towards illegal drugs. Escaping the mandatory death penalty regime under the new law requires fulfilment of strict conditions. This article reviews the exceptional circumstances that are required before judges are given the discretion to impose the death penalty or not and the application of the new law by the Singapore …
Reconsidering The Imposition Of Dual Vicarious Liability In The Borrowed Employee Context: The Singapore Approach In Munshi Mohammad Faiz V Interpro Construction Pte Ltd [2021] 4 Slr 1371 And Hwa Aik Engineering Pte Ltd V Munshi Mohammad [2021] 1 Slr 1288, Danny Ong, Aaron Yoong, Louis Yi Hang Lau
Reconsidering The Imposition Of Dual Vicarious Liability In The Borrowed Employee Context: The Singapore Approach In Munshi Mohammad Faiz V Interpro Construction Pte Ltd [2021] 4 Slr 1371 And Hwa Aik Engineering Pte Ltd V Munshi Mohammad [2021] 1 Slr 1288, Danny Ong, Aaron Yoong, Louis Yi Hang Lau
Research Collection Yong Pung How School Of Law
The limits of the law on dual vicarious liability were recently tested in the decisions of Munshi Mohammad Faiz v Interpro Construction Pte Ltd [2021] 4 SLR 1371 and Hwa Aik Engineering Pte Ltd v Munshi Mohammad [2021] 1 SLR 1288, both before the General and Appellate divisions of the High Court. Against the backdrop of these decisions, this case note argues that the approach laid down by the High Court may go some ways in resolving the tension and assist in settling the perennial question of the role of control in dual vicarious liability. In particular, it is argued …
A Non-Contractual Approach To Smart Contracts, Florian Gamper
A Non-Contractual Approach To Smart Contracts, Florian Gamper
Research Collection Yong Pung How School Of Law
This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, …
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. …
Deontic Meta-Rules, Francesco Olivieri, Guido Governatori, Matteo Cristani, Antonino Rotolo, Abdul Sattar
Deontic Meta-Rules, Francesco Olivieri, Guido Governatori, Matteo Cristani, Antonino Rotolo, Abdul Sattar
Centre for Computational Law
The use of meta-rules in logic, i.e., rules whose content includes other rules, has recently gained attention in the setting of non-monotonic reasoning: a first logical formalisation and efficient algorithms to compute the (meta)-extensions of such theories were proposed in Olivieri et al. (2021, Computing defeasible meta-logic. In JELIA 2021, LNCS, vol. 12678, pp. 69-84. Springer.). This work extends such a logical framework by considering the deontic aspect. The resulting logic will not just be able to model policies but also tackle well-known aspects that occur in numerous legal systems. The use of Defeasible Logic to model meta-rules in the …
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 …
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?
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 …
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 …
Testing Automated Driving Systems By Breaking Many Laws Efficiently, Xiaodong Zhang, Wei Zhao, Yang Sun, Jun Sun, Yulong Shen, Xuewen Dong, Zijiang Yang
Testing Automated Driving Systems By Breaking Many Laws Efficiently, Xiaodong Zhang, Wei Zhao, Yang Sun, Jun Sun, Yulong Shen, Xuewen Dong, Zijiang Yang
Research Collection School Of Computing and Information Systems
An automated driving system (ADS), as the brain of an autonomous vehicle (AV), should be tested thoroughly ahead of deployment. ADS must satisfy a complex set of rules to ensure road safety, e.g., the existing traffic laws and possibly future laws that are dedicated to AVs. To comprehensively test an ADS, we would like to systematically discover diverse scenarios in which certain traffic law is violated. The challenge is that (1) there are many traffic laws (e.g., 13 testable articles in Chinese traffic laws and 16 testable articles in Singapore traffic laws, with 81 and 43 violation situations respectively); and …
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 Advisory Jurisdiction Of The Constitutional Tribunal Under Article 100 Of The Constitution, Don Jia Hao Ho
The Advisory Jurisdiction Of The Constitutional Tribunal Under Article 100 Of The Constitution, Don Jia Hao Ho
Singapore Law Journal (Lexicon)
Singapore has a Constitutional Tribunal as provided for under Article 100 of the Constitution. The Tribunal is vested with advisory jurisdiction which ordinary courts do not have. This article explores the constitutional basis for the Tribunal’s existence, jurisdictional issues surrounding the Tribunal, as well as the legal effect of the Tribunal’s opinion. Moreover, this article evaluates the continued relevance of the Tribunal. In doing so, a comparative approach is adopted where appropriate.
Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen
Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen
Singapore Law Journal (Lexicon)
Sir James Fitzjames Stephen’s Indian Evidence Act of 1872 remains on the statute books of many Commonwealth jurisdictions. The contents of the statute have also remained largely intact. Unsurprisingly, then, there has been a growing chasm between what the statute provides for and how the common law rules on evidence have developed. However, the statute’s treatment of the concept of standard of proof has arguably been more sophisticated than what the courts have given credit for. In this article, it is argued that a return to the statute’s original conception of standard of proof will go some way in alleviating …
Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc
Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc
Singapore Law Journal (Lexicon)
It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?
The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan
Singapore Law Journal (Lexicon)
Limitation periods refer to the period within which a claimant who has a right to claim against another person, i.e., the defendant, must begin court proceedings to establish that right. Once that period has passed, the defendant can no longer be sued on that particular action. This is to prevent the threat of an action from continually hanging over the defendant such that once the limitation period has passed, the defendant can be sure that the claimant is no longer able to sue.
Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee
Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee
Singapore Law Journal (Lexicon)
At common law, the “no reflective loss” (“NRL”) principle bars a shareholder from bringing a personal action to recover any diminution in share value resulting from a wrong inflicted by a thirdparty wrongdoer on the company. Such reduction in value is not treated as the shareholder’s personal loss as it is a “mere reflection” of the company’s loss. And this is so even if the company does not seek to recover from the wrongdoer or settles with the wrongdoer for a sum well below its actual loss. Though endorsed by the highest courts, the NRL principle remains controversial by reason …
Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang
Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.
Foreword, Pey Woan Lee
Foreword, Pey Woan Lee
Singapore Law Journal (Lexicon)
As I pen this foreword, I cannot help but reflect on the radical transformation that the launch of ChatGPT has brought about in the way we communicate. The emergence of this generative language model has shattered the notion that only humans can engage in written discourse. While I am excited about the immense potential that this development holds for enhancing the quality and efficiency of our work, I am also deeply troubled by the existential questions it raises. The rise of powerful machines undoubtedly heightens the risk of human redundancy. As AI continues to surpass human capabilities, the question of …
Competing Policies Within The Sending State: Labour Export And The Provision Of Primary Healthcare In The Philippines, Romeo Luis A. Macabasag, Yasmin Y. Ortiga
Competing Policies Within The Sending State: Labour Export And The Provision Of Primary Healthcare In The Philippines, Romeo Luis A. Macabasag, Yasmin Y. Ortiga
Research Collection School of Social Sciences
In framing nations as places that either send or receive migrants, there is a danger in defining migrant-sending nations as monolithic entities driven by a single mandate of exporting labour to a global economy. Using the concept of viscosity, we argue that sending states comprise multiple state agencies with varying interests, which can either impede, slow, or facilitate labour emigration. We demonstrate our argument by examining the Philippines' nurse retention policies against the backdrop of the country's labour export policies. While these retention policies led to an influx of Filipino nurses to rural health centres, these nurses considered such mobility …
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 …
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 …
When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay
Singapore Law Journal (Lexicon)
When your land has been damaged by your neighbour’s independent contractor, who should be held responsible—the contractor or your neighbour? Previously, it was considered by some to be difficult to pin liability on one’s neighbour. 1 This position was criticised for being unfair and unjust, especially in situations where one was unable to obtain recourse from the contractor.
Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun
Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun
Singapore Law Journal (Lexicon)
The cyberspace is sometimes seen as having no jurisdictional boundaries, given that no single state controls the entirety of the cyberspace. At the same time, given how pervasive the cyberspace has become today, many important interests of states now lie in the domain of cyberspace. This uneasy tension has led to many questions involving the intersectionality between the state’s sovereignty over its territory and the cyberspace, which is exacerbated when states use the cyberspace to conduct their myriad operations. This paper seeks to delineate permissible and impermissible cyberoperations and argues that the present international law on sovereignty is sufficiently robust …
What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai
What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai
Singapore Law Journal (Lexicon)
On 2 January 2021, certain statutory amendments came into effect: specifically, the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019) (“SCJ(A)A”) which amended the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (“SCJA”), and the Rules of Court (Amendment No. 5) Rules 2020 (“ROC(A)”) which amended the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“ROC”). These amendments had a significant impact on the court appellate system. For clarity, the pre-2 January versions of the legislation will be referred to as the “former SCJA” and “former ROC”, while the post-2 January versions will …
How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok
How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok
Singapore Law Journal (Lexicon)
Bills of lading have been described as the cornerstone of modern sea carriage (i.e., the transport of goods by sea). Traditionally, a bill of lading serves three functions: (1) it is a receipt by the carrier acknowledging the shipment of goods, (2) it is a memorandum of the terms of the contract of carriage, and (3) it is also a document of title to the goods shipped.