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Articles 1 - 30 of 44
Full-Text Articles in Social and Behavioral Sciences
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Research Collection Yong Pung How School Of Law
Domestic arbitration awards rendered under the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”) can be subject to appeal on a question of law arising out of an award. Unless parties consent, an appeal can only be brought with the leave of court.
Have We Become A Template Nation?, Tan K. B. Eugene
Have We Become A Template Nation?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In his commentary, SMU assistant professor of law Eugene Tan observed that last week's three MRT service breakdowns have raised concerns over whether our public transport system is able to cope with the increased commuter load and public expectations. While the road and rail infrastructure has grown significantly in the last few years, doubts now fester as to whether the relevant organisations, the people who run them and the systems and policies, have kept pace.
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
Research Collection Yong Pung How School Of Law
The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Research Collection Yong Pung How School Of Law
The similar fact rule in Singapore—as with the law on any evidence law doctrine that can be found in both our Evidence Act and the common law—has required clarification for some time. This note, which discusses the latest local decision on the similar fact rule, considers if that decision is compatible with the Evidence Act and the various conceptualisations underlying the doctrine.
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
This article examines China’s domestic legal regime for the prevention of vessel sourcepollution. It pays special attention to the recently adopted Regulation on Preventionand Control of Marine Pollution from Vessels. Potential challenges and emerging issuesthat China has to confront are addressed, including: application of the legislation todisputed sea areas between China and its neighbors, freedom of navigation in theexclusive economic zone, reduction of emission from ships, and prevention of invasivespecies from ballast water.
Trust And The Commitment To Fairness, Tan K. B. Eugene
Trust And The Commitment To Fairness, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
Selling Singaporeans On The Isa, Tan K. B. Eugene
Selling Singaporeans On The Isa, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan said that allowing judges to review both procedural requirements of preventive detention orders issued under the Internal Security Act would help to bolster public confidence and trust.
A Sentinel To Good Governance, Tan K. B. Eugene
A Sentinel To Good Governance, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Prof Eugene Tan reviews S.R. Nathan's 12-year term as Head of State, and suggests President Nathan played a key role in defining the functions of the Elected Presidency.
Mr Gandhi’S Terror Sermon, Shubhankar Dam
Mr Gandhi’S Terror Sermon, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Elected Presidency In A New Normal, Tan K. B. Eugene
The Elected Presidency In A New Normal, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan shared his views on the outcome of the recently concluded Presidential Election and commented on the need for both the incoming President and the Government to evolve the office of the President in a manner that is in sync with Singaporeans' expectations.
Let Political System Be A Connecting Tool, Tan K. B. Eugene
Let Political System Be A Connecting Tool, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
An article by Eugene K B Tan, Assistant Professor of Law analysing the Prime Minister's National Day Rally speech. He suggests the PM could have used the speech to highlight how the political system can evolve to generate greater public ownership of the system of governance.
The Singapore Town-Hall Meeting, Tan K. B. Eugene
The Singapore Town-Hall Meeting, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Professor Eugene Tan forecasts what the Prime Minister might say in his National Day Rally speech. He predicts it will touch on the ecomomy, Presidential election and social cohesion, among other issues.
Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee
Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.
Television May Be Game-Changer, Tan K. B. Eugene
Television May Be Game-Changer, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
To wid presidential candidates will have to secure strong support across the political divide
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
Research Collection Yong Pung How School Of Law
It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court …
Explaining Contractual Remoteness In Singapore, Yihan Goh
Explaining Contractual Remoteness In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal (the Court of Appeal) has in MFM Restaurants Pte Ltd v Fish & Co Restaurants Pte Ltd rejected Lord Hoffinann's assumption of responsibility test (articulated in The Achilleas) to determine whether damages are too remote in a contractual claim. The Court of Appeal, however, retained assumption of responsibility as a concept to explain the orthodox test for remoteness as embodied in Hadley v Baxendale. To that extent, it expressly accepted Lord Hoffmann's approach in The Achilleas in so far as the concept of assumption of responsibility is already incorporated or embodied in both limbs of …
The Lines Are Starting To Blur, Tan K. B. Eugene
The Lines Are Starting To Blur, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene Tan, Assistant Professor of Law at SMU, argues that the public service and civil society are beginning to collaborate more. This co-creation creates better quality solutions that benefit society as a whole.
Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene
Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that as Singapore society becomes more complex, our law schools cannot just produce good legal technicians but are challenged to produce lawyers who are innovators and can utilize the law creatively to produce effective and efficient outcomes, and solutions infused with social justice and fairness. Today, the first batch of SMU law students comprising 106 LLB and 17 Juris Doctor degree students graduates.
Is There A Truly Independent Candidate?, Tan K. B. Eugene
Is There A Truly Independent Candidate?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan provides an analysis of the three possible presidential election candidates, the Government's role in endorsing its preferred candidate and how the presidential election campaign is likely to pan out.
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The Court of Appeal decision in Chan Cheng Wah v Koh Sin Chong Freddie and another appeal [2012] 1 SLR 506 ("Chan Cheng Wah (CA)") concerned the nature of defamatory meaning and the defences of justification and qualified privilege. The dispute arose from two allegedly defamatory statements published in the minutes of meeting of a management committee of a club ("current MC") concerning the actions of the previous management committee ("previous MC"). Four members of the previous MC sued the defendant, the president of the current MC, in respect of the statements.
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Delicate (And Mammoth) Task Of Managing Expectations, Tan K. B. Eugene
The Delicate (And Mammoth) Task Of Managing Expectations, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant professor of law Eugene Tan comments on the need to manage the expectations of Singaporeans in the new political landscape.
Post Election, Let The Healing Begin, Tan K. B. Eugene
Post Election, Let The Healing Begin, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant professor of law Eugene Tan notes in his commentary that a more complex global environment, a rapidly changing Singapore and the challenges it faces will require political parties and Singaporeans alike to mature politically so that Singapore's politics will not limit its potential as a nation.
New Cabinet Will Have Its Work Cut Out, Tan K. B. Eugene
New Cabinet Will Have Its Work Cut Out, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene Tan, asst professor of law at SMU writes a commentary about how the PAP Government will have to renew trust with the people.
A New, Post-Lee Kuan Yew Era, Tan K. B. Eugene
A New, Post-Lee Kuan Yew Era, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene Tan, asst prof of law at SMU writes a commentary on Minister mentor Lee Kuan Yew's departure and how it reinforces the belief that the Singapore systems is based on institutions, not personalities.
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.
Shaping Up For A Landmark Election, Tan K. B. Eugene
Shaping Up For A Landmark Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan talks about significant developments he hopes to see in the upcoming General Elections.