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Articles 31 - 60 of 64
Full-Text Articles in Social and Behavioral Sciences
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.
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.
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 …
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 …
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 May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang
How May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang
Research Collection Yong Pung How School Of Law
This paper endeavours to conceptualize and provide an analytical framework for China’s response to U.S. trade policy. It analyses the following questions: what is the new U.S. trade approach? How might China respond to the United States’ trade approach? What are the trend and implications of China’s response to the U.S. trade approach? It argues, first, that the U.S. trade approach has not changed regarding most of the U.S.-style regulatory disciplines. However, it has changed in terms of the shift toward managed trade, unilateralism and trade enforcement. Second, China will likely adopt a three-track approach: consisting of retaliatory, inclusive and …
Divergence, Convergence Or Crossvergence Of Chinese And Us Approaches To Regional Integration: Evolving Trajectories And Their Implications, Heng Wang
Research Collection Yong Pung How School Of Law
Trends in Chinese and U.S. approaches to regional integration are likely to profoundly affect other states and even the future of global economic governance. Showing a possible paradigm shift, the Belt and Road Initiative (BRI) and North American Free Trade Agreement (NAFTA) renegotiation reflect the latest major developments in China and the U.S. regarding regional integration. In particular, the U.S. pursues managed trade, shifts to bilateralism, and adopts an aggressive approach. This article analyses a core question: will Chinese and U.S. trade approaches converge, diverge or both, and why? For the analysis of the convergence or divergence, four aspects will …
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.
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 …
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 …
"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
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 …
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.
The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi
The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi
Research Collection Yong Pung How School Of Law
The new additional conveyance duties regime has gone beyond attempting to achieve tax neutrality between direct transfers of residential property and indirect transfers through the use of property-holding entities. It taxes an entirely new tax base and raises issues such as: the extremely broad concept of an “associate” relationship; definition of “unit in a property trust”; anti-avoidance provisions; liability for providing false information; tax neutrality; and the considerable flexibility that the section 23 Order provides the Government. This article analyses the regime in detail and considers the implications of various changes to the prescribed values in the section 23 Order.
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo
Research Collection Yong Pung How School Of Law
No abstract provided.
Deadlier Road Accidents? Traffic Safety Regulations And Heterogeneous Motorists’ Behavior, Christine Ho, Madhav S. Aney
Deadlier Road Accidents? Traffic Safety Regulations And Heterogeneous Motorists’ Behavior, Christine Ho, Madhav S. Aney
Research Collection School Of Economics
In 2003, China enacted the Road Traffic Safety Law in an attempt to promote traffic safety.We employ a difference-in-differences strategy on province level data, where fire accidentsare used as a control group for road accidents, to estimate the effects of the law on road accidents and casualties. Our findings suggest that while the law was successful in decreasing thenumber of accidents and casualties, the ratio of deaths to accidents and injuries to accidentsincreased. Exploring the potential channels, we find no evidence that “hit-and-kill” incentives,that is, incentives for motorists to kill the pedestrians that they hit due to China’s peculiar personal …
Sgca Grants Senior Indian Advocate Ad Hoc Admission To Argue Arbitration-Related Applications, Aaron Yoong, Kartik Singh, Aaron Yoong
Sgca Grants Senior Indian Advocate Ad Hoc Admission To Argue Arbitration-Related Applications, Aaron Yoong, Kartik Singh, Aaron Yoong
Research Collection Yong Pung How School Of Law
In a reversal of the High Court’s 2017 decision, Singapore’s Court of Appeal (“CA”) recently granted unprecedented ad hoc admission for Harish Salve (“Mr Salve”) – a Senior Advocate of the Indian Bar – to be admitted to argue foreign law issues in applications to set aside an ICC arbitral award. This is the first time the Singapore courts have granted foreign counsel other than Queen’s Counsel admission to argue a case before the local courts.
Reframing The Board Diversity Issue: Set 25 By 25 Target, Themin Suwardy, Surianarayanan Gopalakrishnan
Reframing The Board Diversity Issue: Set 25 By 25 Target, Themin Suwardy, Surianarayanan Gopalakrishnan
Research Collection School Of Accountancy
Studies have shown there is clear association between aboard's gender diversity and company performance. Yet Singapore has been softerthan usual in pushing the agenda. In this commentary, the authors discussed theimportance of setting an explicit hard target with a fixed deadline to reframeboard diversity in Singapore.
The Wto Transparency Obligations And China, Henry S. Gao
The Wto Transparency Obligations And China, Henry S. Gao
Research Collection Yong Pung How School Of Law
When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has …
City Harvest Case And The Separation Of Powers, Yihan Goh
City Harvest Case And The Separation Of Powers, Yihan Goh
Research Collection Yong Pung How School Of Law
Verdict provides important example of how the courts and Parliament play different roles in Singapore's legal system. The Court of Appeal last week upheld the reduced sentences passed in the City Harvest Church (CHC) case. Six former church leaders were charged with having conspired to commit the aggravated offence of criminal breach of trust (CBT) as an "agent" under Section 409 of the Penal Code. Departing from the earlier interpretation that had stood for the past 40 years, the court decided that Section 409 applied only to professional agents, which the former church leaders were not. The charges were reduced …
The Wto Transparency Obligations And China, Henry S. Gao
The Wto Transparency Obligations And China, Henry S. Gao
Research Collection Yong Pung How School Of Law
When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has …
The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok
The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok
Research Collection College of Integrative Studies
This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …
Singapore, Country Study Prepared For Global Philanthropy Environment Index, Tan K. B. Eugene
Singapore, Country Study Prepared For Global Philanthropy Environment Index, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
Proposed Law Must Balance Effectiveness And Liberties, Tan K. B. Eugene
Proposed Law Must Balance Effectiveness And Liberties, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that it is important to have dedicated laws to deal with the evolving threat of fake news in Singapore. As the issue of fake news and online misinformation is rather broad, it would be practical for the Select Committee to focus on one aspect of it: that is, the spread of false or misleading information resulting from a coordinated effort whether as a matter of statecraft or for the purpose of making profits. This sends a clear signal that any law to be considered is targeted and will be …
An Introduction To The Singapore Convention On Mediation: Perspectives From Singapore, Nadja Alexander, Shou Yu Chong
An Introduction To The Singapore Convention On Mediation: Perspectives From Singapore, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 25th June 2018, the final draft of the Convention on the Enforcement of International Settlement Agreements (the ‘Convention’) was recommended for submission to the UN General Assembly for its consideration, and the corresponding Model Law was adopted. A resolution to name the Convention the ‘Singapore Convention on Mediation’ was also approved. This concluded three years of vigorous debate in UNCITRAL Working Group II (Dispute Settlement) with participation by 85 member States and 35 international governmental and non-governmental organisations. The UN General Assembly has adopted …
An Assessment Of The Chafta And Its Implications: A Work-In-Progress Type Fta With Selective Innovations, Heng Wang
Research Collection Yong Pung How School Of Law
This chapter explores two questions of the recent China-Australia FTA (ChAFTA): what is the approach of the ChAFTA? What are the challenges to the ChAFTA? It argues first that the ChAFTA adopts a problem-solving approach to harvest “low-hanging fruit” (e.g. tariff cuts). Containing WTO-based and WTO-friendly rules, it focuses on trade and investment facilitation through market liberalization and carefully written good governance norms. In spite of its short form investment chapter, the agreement is not as shallow as one may first think. It stimulates development concerning, among other things, regulatory issues (e.g. regulatory transparency and cooperation in financial services, regulatory …
The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok
The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok
Research Collection College of Integrative Studies
This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …
The Emergence Of Global Regulatory Coherence: A Thorny Embrace For China?, Han-Wei Liu, Ching-Fu Lin
The Emergence Of Global Regulatory Coherence: A Thorny Embrace For China?, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
The last two decades have witnessed various governance initiatives across institutions, domestic and international, in response to mushrooming regulatory trade barriers. Among the efforts to balance regulatory autonomy and international cooperation, “regulatory coherence” or “good regulatory practices” seems a promising solution that centers upon bottom-up domestic regulatory rationalization. While existing literature has documented how recent mega-regional trade blocs seek to harness regulatory barriers through mechanisms of international cooperation, it has arguably overlooked certain crucial issues. In particular, how has regulatory coherence emerged as a new global norm vis-à-vis the default international economic and legal order? What are the limits to …