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Research Collection Yong Pung How School Of Law

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International Mediation And Covid-19: The New Normal?, Nadja Alexander May 2020

International Mediation And Covid-19: The New Normal?, Nadja Alexander

Research Collection Yong Pung How School Of Law

What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out to a market severely disrupted by Covid-19. The option for Singaporean and international parties to mediate online means for a highly accessible, time and cost effective path to resolve disputes that have emerged in the wake of Covid-19.

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Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham May 2020

Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham

Research Collection Yong Pung How School Of Law

As the COVID-19 health pandemic rages governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have the capacity to amass personal data and share for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside such times of real and present danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission, this paper argues that this infrastructure …

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Singapore’S Puzzling Embrace Of Shareholder Stewardship: A Successful Secret, Dan W. Puchniak, Samantha S. Tang May 2020

Singapore’S Puzzling Embrace Of Shareholder Stewardship: A Successful Secret, Dan W. Puchniak, Samantha S. Tang

Research Collection Yong Pung How School Of Law

In the wake of the 2008 Global Financial Crisis, the UK created the first stewardship code which was designed to transform its rationally passive institutional investors into actively engaged shareholders. In the UK corporate governance context, this idea made sense. Institutional investors collectively own a sizable majority of the shares in most of the UK’s listed companies. In turn, if the UK stewardship code could incentivize them to effectively monitor management – to act as “good shareholder stewards” – the managerial short-termism and excessive risk-taking, which were identified as contributors to the GFC, could be avoided.The UK’s idea to adopt …

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Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez Apr 2020

Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez

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After the outbreak of the coronavirus (COVID-19), the Singapore Government responded with a quick and comprehensive package of legal, economic and financial measures that sought to put the economy into hibernation and avoid the destruction of jobs and viable businesses, at least while companies were unable to generate revenues and cash-flows due to a variety of factors, including travel restrictions and lockdowns imposed in many countries around the world. To that end, the Government spent SGD$97.3 billion (that is, around 20% of the country’s GDP) to support businesses, households and employees. Most of this financial support was given in the …

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Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene Apr 2020

Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene

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In a commentary, SMU Associate Professor of Law Eugene Tan discussed the need for Singapore to address some uncomfortable questions on migrant workers and to safeguard their wellbeing and interests as well as to protect the rest of the community. He opined that even as we attend to the first order of business to suppress the many Covid-19 clusters in the dormitories, there are broader questions for our society to address based on an honest and thorough appraisal. Assoc Prof Tan believes that a failure to do so might result in us merely tackling the symptoms, and not the causes, …

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In Singapore, Laws Are Necessary For Trickle-Down Policies To Work, Tan K. B. Eugene Apr 2020

In Singapore, Laws Are Necessary For Trickle-Down Policies To Work, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the necessity for laws in order for trickle-down policies to work. He explained that while the three-in-one Unity, Resilience, and Solidarity Budgets demonstrate the resolve of Singapore to ensure businesses and households are helped amid the public health concerns and the economic fallout of the COVID-19 global pandemic, self-seeking behaviour can undermine well-intended measures as trickle down outcomes end up not materialising. However, he noted that laws have their limitations too, and concluded that an internally driven mode of compliance could be far more effective.

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Equal Treatment Of Shareholders Under The Dual Class Share Structure: Recent Updates Of The Takeover Code In Singapore, Chuanman You Apr 2020

Equal Treatment Of Shareholders Under The Dual Class Share Structure: Recent Updates Of The Takeover Code In Singapore, Chuanman You

Research Collection Yong Pung How School Of Law

On 24 January 2019, a revised Singapore Code on Take-overs and Mergers (the Take-overs Code) was promulgated by the Monetary Authority of Singapore (MAS) on the advice of the Securities Industry Council (the SIC). The revisions are to ensure that takeover practices targeting at companies with the dual class share (DCS) structures are conducted in compliance with the principle of equal treatment of all shareholders. The key amendments are two-fold: (a) expanding the application of mandatory offer and its dispensation to target companies with the DCS structures. (b) clarifying the fair pricing norms for multiple classes of equity share capital …

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What The Resilience Budget Can And Cannot Do In Helping Singapore Tackle Covid-19, Tan K. B. Eugene Mar 2020

What The Resilience Budget Can And Cannot Do In Helping Singapore Tackle Covid-19, Tan K. B. Eugene

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In a commentary, SMU Associate Professor of Law Eugene Tan discussed the challenges brought about by the Covid-19 global pandemic and explained the three broad objectives of the Resilience Budget in tackling the crisis. He also discussed the valuable learning points that Singaporeans can learn from this pandemic.

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Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng Mar 2020

Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng

Research Collection Yong Pung How School Of Law

Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing …

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The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang Mar 2020

The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang

Research Collection Yong Pung How School Of Law

In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug …

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With The Release Of Electoral Boundaries Report, All Eyes Now On Political Parties’ Next Moves, Tan K. B. Eugene Mar 2020

With The Release Of Electoral Boundaries Report, All Eyes Now On Political Parties’ Next Moves, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the implications of the Electoral Boundaries Review Committee (EBRC) report and what it means for the political parties and Singapore politics in general. He expects the election to be held sooner rather than later with the ERBC report's release, and there will be little time for parties, especially the opposition, to prepare.

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Early Polls Make Sense In A Worsening Pandemic, Tan K. B. Eugene Mar 2020

Early Polls Make Sense In A Worsening Pandemic, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined there is no good time for a general election amid the global pandemic, and it is a judgment call on when to hold Singapore's 13th general election, which must take place by April next year at the latest. He believes early polls make sense in a worsening pandemic if the Government ensures that even as candidates campaign, there is no let-up in the fight against the outbreak.

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Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong Feb 2020

Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a shield or a defence to arbitral or litigation proceedings.

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What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti Feb 2020

What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Quantifying the economic benefits of built heritage facilitates the formulation and assessment of conservation policies and programs. There is however a lack of empirical research about the economic value of built heritage in Asian cities. This lack is problematic, given the rapid pace of demolition and redevelopment of historic landscapes in Asian cities. This study seeks to reduce the current gap in built heritage research by examining whether real estate premiums are generated by the designation of buildings as ‘conserved’ in Singapore, a city-state in South East Asia. Using 20 years of housing transaction data, and controlling for building, neighborhood …

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Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene Feb 2020

Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Covid-19 outbreak has placed significant and urgent demands on Budget 2020 that will be unveiled on Tuesday (Feb 18). The Government has given a strong affirmation that the Budget will be equal to the task and that it will reinforce the “never fear” spirit that Singapore and Singaporeans will need to adopt to come out stronger of this challenging period.

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On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau Feb 2020

On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issuessurrounding not just the temporal application of the law but also theprotection of the interests belonging to all citizenry, including convictedpersons. Recent decisions in Singapore and elsewhere provide an opening for amore detailed inquiry to be undertaken.

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Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong Feb 2020

Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Signing on to the Singapore Convention is only the beginning. The Convention will come into force six months after three States have ratified it into their domestic law (Article 14 of the Convention). A Bill currently before the Singapore Parliament seeks to pave the way for that – ratify the Convention in Singapore through the enactment of legislation to implement its terms. It is anticipated that the Singapore Convention on Mediation Bill (the ‘Bill’) will be passed into Law before the end of March 2020. It may very well be the first piece of legislation that ratifies the Convention. Other …

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Imagining Money, J.G. Allen Feb 2020

Imagining Money, J.G. Allen

Research Collection Yong Pung How School Of Law

John Clarke presents the theme of this volume by asking why we might speak of “imagined economies”. It is, he answers, “to interrupt the apparent ubiquity of economies”, to provide a moment for “a pause for thought”. In this chapter, I explore the role that imagination plays in the creation and maintenance of a money system. Money is important to the existence and functioning of an economy.1 Money, too, seems ubiquitous and naturally-occurring, so I want to pause and consider why it is that we might have money and what exactly it is doing. Different objects have served as money, …

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China’S Regulatory Approach To The Sharing Economy: A Perspective On Ride-Hailing, Huiqin Jiang, Heng Wang Jan 2020

China’S Regulatory Approach To The Sharing Economy: A Perspective On Ride-Hailing, Huiqin Jiang, Heng Wang

Research Collection Yong Pung How School Of Law

While the sharing economy brings significant social benefits in China, it comes with regulatory challenges that are novel and unpredictable. How should regulators handle these challenges? This paper offers fresh insights into the regulatory approach to the ride-hailing industry, the most comprehensively regulated sharing industry in China. A historical review identifies three regulatory approaches deployed to date: self-regulation, market-based regulation and government regulation. Self-regulation relies on the platforms with incentive to provide better service for greater profit, and to deal with sharing-specific challenges. Market-based regulation invites rivals to keep a watchful eye on other players, in order to enhance their …

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Article 152 Of The Singapore Constitution: The Past, Present, And Future Of Multiracial Recognition, Inclusion, And Accommodation, Eugene K. B. Tan Jan 2020

Article 152 Of The Singapore Constitution: The Past, Present, And Future Of Multiracial Recognition, Inclusion, And Accommodation, Eugene K. B. Tan

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The bicentennial commemoration consists of a year-long series of events to mark the 200th anniversary of the arrival of Sir Stamford Raffles in Singapore on 29 January 1819. The arrival of the British resulted in the creation of Singapore as a free port and marked the economic, physical, and social transformation of the island, which continues today. Yet, the irony is that the bicentennial commemoration also deliberately seeks to shed light and focus on a more distant past: The half-millennia before Singapore was colonialised and when Singapore was known as Temasek and seen as part of the Nusantara.

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Land Of The Falling "Poison Pill" Understanding Defensive Measures In Japan On Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, Dan W. Puchniak Jan 2020

Land Of The Falling "Poison Pill" Understanding Defensive Measures In Japan On Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Embraced by United States ("U.S.") managers in the 1980s as a lifeline in a sea of hostile takeovers, the poison pill fundamentally altered the trajectory of American corporate governance. When a hostile takeover wave seemed imminent in Japan in the mid-2000s, Japanese boards appeared to embrace this American invention with equal enthusiasm. Japan's experience should have been a ringing endorsement for the utility of American corporate governance solutions in foreign jurisdictions -but it was not to be. Japan's unique interpretation of the "poison pill" that was so eagerly adopted by Japanese companies in the mid-to-late 2000s has turned out to …

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Regulation Of Derivatives In Asia: When Technology Meets Financial Engineering, Christopher C. H. Chen Jan 2020

Regulation Of Derivatives In Asia: When Technology Meets Financial Engineering, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This chapter introduces the current state of derivatives market regulation in Asia following the global financial crisis. It focuses on Singapore and Hong Kong, the two largest international financial centres in the region. Singapore and Hong Kong have adopted international regulatory reforms, including mandatory trade reporting, centralized clearing, exchange trading requirements and the initial margin rule. The implementation has varied greatly because reporting requirements and initial margin rules have been implemented whereas clearing and trading requirements are waiting for full implementation. The arrival of financial technology may help Asian regulators oversee derivatives markets, by improving cross-border information sharing, reporting or …

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Cross-Border Regulation Of Securities Markets In Asean, Wai Yee Wan Jan 2020

Cross-Border Regulation Of Securities Markets In Asean, Wai Yee Wan

Research Collection Yong Pung How School Of Law

How does cross-border regulation of securities markets work in Association of South East Asian Nations (ASEAN)? How closely are the securities markets coordinated within ASEAN from the regulatory perspective? What is the optimal regulatory model of integration of securities markets that balances the economic benefits of integration and yet minimizes the risks of contagion and advances the state’s national goals? The issues posed by these questions are important against the background of strong growth of the Asian economies and Asian capital markets, and how the ASEAN states can take advantage of such growth to facilitate economic growth. According to the …

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Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan Jan 2020

Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse, exploitation and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults’ best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore’s Vulnerable Adults Act identifies the point for intervention and embodies …

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Perfecting Singapore’S System Of Political Governance: Privileging Elites In The Quest For Good Governance, Tan K. B. Eugene Dec 2019

Perfecting Singapore’S System Of Political Governance: Privileging Elites In The Quest For Good Governance, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

This chapter argues that the office of the Elected President is best understood as an elite institution with eligibility restricted to a select group by a stringent set of criteria for hopefuls from the public and private sectors. The Singapore Constitution provides the Elected President with executive and legislative powers. Since independence in 1965, Singapore has sought to constitutionally engineer a political system that meets its unique needs and aspirations. Any theory of responsible government, undergirded by the separation of powers, will entail some measure of both conflict and cooperation, whether one or the other dominates. Given the particularistic neo-Confucian …

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Eruption Of Protests Around The Globe In 2019 Could Be The New Norm, Tan K. B. Eugene Dec 2019

Eruption Of Protests Around The Globe In 2019 Could Be The New Norm, Tan K. B. Eugene

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In a commentary, SMU Associate Professor of Law Eugene Tan discussed the key lessons gleaned from protests around the globe in 2019 and what they say about governance today. He noted that while taking to the streets in protest is not new, this year’s unrest in at least 18 countries in different corners of the world is characterised by the breadth and intensity of the protests. Assoc Prof Tan opined that this year’s protests may well presage a new era of political and societal conflict and protests as a norm.

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Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti Dec 2019

Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti

Research Collection Yong Pung How School Of Law

The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …

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Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …

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The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh Dec 2019

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …

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Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen Dec 2019

Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

No abstract provided.

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