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Articles 691 - 720 of 940
Full-Text Articles in International and Area Studies
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Research Collection Yong Pung How School Of Law
In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This case has significant implications for Singapore as a seat of arbitration, and this note contrasts the position between Singapore and Hong Kong against the backdrop of this case. In October 2008, after a failed joint venture, the Claimants, which belonged to the Astro group of companies of Malaysia, commenced arbitration in Singapore against the Respondents, which belonged to the Lippo group of companies of Indonesia. In May 2009, the …
Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu
Tobacco Regulation And Its Discontents: A Cautious View From Singapore, Locknie Hsu
Research Collection Yong Pung How School Of Law
In this article, Locknie Hsu discusses the implications of the various legal claims being pursued in various fora in relation to plain packaging of tobacco products laws, especially in relation to Singapore and the Association of Southeast Asian Nations ('ASEAN'). The article proceeds as follows: (1) In Part 1, Hsu examines the current state of Singapore's regulation of tobacco; (2) part 2 of the article then considers Singapore's current investment treaty commitments and their likely compatibility with plain packaging legislation, were it to be introduced into Singapore.
Setting Aside An Award Over The Mis-Application Of A Choice Of Law Clause: Quarella Spa V Scelta Marble Australia Pty Ltd [2012] Sghc 166, Darius Chan
Research Collection Yong Pung How School Of Law
In Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166, the High Court of Singapore (per Prakash J) rejected an application to set aside two related arbitration awards. The ground for setting aside was an alleged misinterpretation of a choice of law clause by the tribunal. In rejecting the application, the High Court demonstrated its unwillingness to set aside an award when the tribunal has considered and respected the choice of law clause (regardless of the interpretation the tribunal ultimately preferred). Notably, the High Court did not close the door on instances where the tribunal may have failed …
Towards A Greater Global Understanding Of What Mediators Do, Nadja Alexander
Towards A Greater Global Understanding Of What Mediators Do, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the western facilitative mediation approach in relation to historical and cross-cultural perspectives is discussed.
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …
Internships And The Making Of Future Lawyers, Seow Hon Tan
Internships And The Making Of Future Lawyers, Seow Hon Tan
Research Collection Yong Pung How School Of Law
As law firm internships provide law students with their first substantial encounters with lawyers, in situations where they are especially eager to impress, a project was undertaken to examine the impact of private law firm internships on the professional identities of future lawyers. Fifty-two volunteers from the Singapore Management University, which mandates 10 weeks of internships with approved partners, were surveyed. Most had done corporate or civil litigation work at local firms in Singapore. The findings of this research project were presented at the fifth International Legal Ethics Conference, held in Canada in July.
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Research Collection Yong Pung How School Of Law
“The New Lawyer: How Settlement is Transforming the Practice of Law” by JulieMacFarlane was reviewed in the May issue of the Law Gazette, in conjunction withthe introduction of a “Presumption of ADR” for civil disputes in the SubordinateCourts. MacFarlane describes the emergence of a new advocacy focusing on holisticproblem-solving. The reviewer posed a series of pertinent questions for theSingapore legal profession, “[W]e are all familiar with the popular notion of litigationlawyers as rights warriors. But the litigation lawyer as a conflict resolver? Is he or shean imaginary character or an emerging reality?”
Controlling Shareholders In Concentrated Ownership Structures In Singapore, Wai Yee Wan
Controlling Shareholders In Concentrated Ownership Structures In Singapore, Wai Yee Wan
Research Collection Yong Pung How School Of Law
The talk outlines the corporate governance challenges in respect of listed companies in Singapore that have concentrated shareholdings.
Make Sure All Kinds Of Voices Are Heard, Tan K. B. Eugene
Make Sure All Kinds Of Voices Are Heard, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene Tan wrote about the “national conversation” initiative of the government to engage members of the general public in dialogue and policy making. He argued that all kinds of voices must be heard and the conversation must not be one where the “converted” are talking with the “converted” nor should it be dominated by the “vocal minority”.
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.
Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang
Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common …
Internships And The Making Of Future Lawyers, Seow Hon Tan
Internships And The Making Of Future Lawyers, Seow Hon Tan
Research Collection Yong Pung How School Of Law
As law firm internships provide law students with their first substantial encounters with lawyers, in situations where they are especially eager to impress, a project was undertaken to examine the impact of private law firm internships on the professional identities of future lawyers. Fifty-two volunteers from the Singapore Management University, which mandates 10 weeks of internships with approved partners, were surveyed. Most had done corporate or civil litigation work at local firms in Singapore. The findings of this research project were presented at the fifth International Legal Ethics Conference, held in Canada in July.
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Litigants coming up against a large banking institution or corporation in Singapore have not always been able to procure quality legal representation. The larger law firms there, with their established dispute resolution practices and stables of Senior Counsel, are often unable or unwilling to act in litigation against their institutional clients. This article investigates the extent of the problem and the Ministry of Law’s soluion of easing the criteria for ad hoc admission of Queen’s Counsel in Singapore. The author then looks, in some detail, at the factors that a court might consider in any foreign lawyer’s application for admission. …
Changes Reflect A Maturing S’Pore’S Priorities, Tan K. B. Eugene
Changes Reflect A Maturing S’Pore’S Priorities, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene Tan wrote about the recent restructuring of socially oriented government ministries and the Cabinet reshuffle. “The changes demonstrate how the Government and governance in Singapore have to evolve since the... General Election. The Government is called upon to be more responsive and sensitive to the intangibles like society and community issues as they impact profoundly upon the well-being of Singaporeans”, he said.
A Timely Look At Those ‘Other’ Issues, Tan K. B. Eugene
A Timely Look At Those ‘Other’ Issues, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene Tan wrote that there was something in the National Day Rally speech for different segments of Singaporeans. Furthermore, Prime Minister Lee Hsien Loong shared the presentation with three other government leaders, signalling a more inclusive style of leadership and encouraging openness to different perspectives.
Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh
Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh
Research Collection Yong Pung How School Of Law
No abstract provided.
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Research Collection Yong Pung How School Of Law
There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state …
Is Nimby Flak An Excuse Not To Engage?, Tan K. B. Eugene
Is Nimby Flak An Excuse Not To Engage?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene K B Tan, and Adjunct Professor of Strategy and Organisation Patrick H M Loh examine the recent opposition by members of the public to the building of facilities such as nursing homes, homes for the elderly and rehabilitation centres in their neighbourhoods.
Traditional Tests For Implication Of Terms Prevail In Singapore Despite ‘Acceptance’ Of Belize Test: Sembcorp Marine Ltd V Ppl Holdings Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
There is an ongoing legal debate concerning the test governing the implication of terms in fact, prompted in no small measure by Lord Hoffmann’s influential speech in Attorney General of Belize v Belize Telecom. In Belize, Lord Hoffmann famously said that the question for a court considering whether a term should be implied is ‘whether such a [term] would spell out in express words what the instrument, read against the relevant background, would reasonably be understood to mean’. This has generally been regarded by judges3 and academics4 as subsuming the implication of terms within the broader rubric of ‘interpretation’. The …
The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen
The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
Initial findings of an empirical study of the citations of 80 reported Singapore insurance judgments between 1965 and 2010 show that Singapore courts have not developed a stronger character in the area of insurance law. Though British cases represent 363 of the 512 cases cited, we find that jurisdiction is not a predicator of whether a case is followed or distinguished. However, being a case decided by the UK Supreme Court (including the former House of Lords and Privy Council) is more likely to be followed by Singapore courts regarding insurance law. Nonetheless, Singapore judges cite more English textbooks than …
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Now that the Hougang by-election is over, the Workers' Party (WP) and the People's Action Party (PAP) will conduct their post-mortems. SMU Assistant Professor Eugene Tan wrote that ?Among the key questions would be how they campaigned and how they can deal with the issues that the hustings threw up. For the WP, how can it keep Hougang in its fold and grow the famed "Hougang Spirit"? How can it be less reliant on its charismatic leader Low Thia Khiang? For the PAP, how can it make significant gains and be more competitive in Hougang?? He concludes that what the …
Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee
Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee
Research Collection Yong Pung How School Of Law
The common law rule that a promise to perform a pre-existing obligation is no consideration is said to have done the most in giving the doctrine of consideration a bad name. While the English innovation of 'practical benefits' in Williams v Roffey has effectively enervated this rule, general discontentment with the conceptual difficulties residing in this approach has often led to calls for the abolition of consideration in the context of contract modifications. This article examines two Commonwealth cases that took this step and warns against an overly optimistic view of such a development. It argues, instead, that the post-Williams …
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Research Collection Yong Pung How School Of Law
Inward foreign direct investment (IFDI) has long been an important feature of the Singapore economy, and Singapore remains an attractive host to FDI. Apart from a brief decline in 2002, FDI inflows have generally been strong in the decade 2000-2010. They reached a peak in 2007 at US$ 37 billion, just before the global financial and economic crisis of 2008-2009. In 2008, inflows declined sharply to US$ 8.6 billion, before rapidly rebounding to reach US$ 38 billion in 2010. Singapore has moved from an economy primarily involved in manufacturing consumer goods in labor-intensive industries in the 1960s, to one producing …
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor and NMP Eugene Tan commented on the battle for undecided voters in Hougang prior to the by-election this Saturday. He wrote that the political stakes are not so high in this by-election. Although the WP has more to lose this round, the stakes are calibrated differently in their first head-to-head contest since GE2011, and the parties must remember that this by-election is but a "battle" only. Instead, the PAP and WP would do well to stay focused on acquitting themselves well in the long haul before the next General Election. The priority for both parties is to …
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …
The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang
The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang
Research Collection Yong Pung How School Of Law
The interpretation of GATS Article V, which deals with economic integration, is of crucial importance to the growing number of economic integration agreements (EIAs) in services, in terms of dispute settlement, services negotiations, the WTO review of EIAs, the coordination between multilateralism and EIAs, and best practices in drawing up EIAs. However, the Article has received insufficient study and remains vague.This paper takes China's eight EIAs as test cases for interpreting GATS Article V and argues that GATS commitments may be an appropriate threshold for interpreting the Article, in particular the substantial sectoral coverage and elimination of discrimination requirements, which …
Contractual And Procedural Effects Of Non-Exclusive Jurisdiction Agreements, Darius Chan
Contractual And Procedural Effects Of Non-Exclusive Jurisdiction Agreements, Darius Chan
Research Collection Yong Pung How School Of Law
In Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala, a respondent’s attempt to stay Singaporean proceedings on forum non conveniens grounds in favour of a non-exclusive jurisdiction (Hong Kong) was denied. In doing so, the Singapore Court of Appeal set out important principles concerning the legal effects of a non-exclusive jurisdiction agreement. This note makes a comparative analysis of the decision with English case law. It will be seen that the decision has taken a bold and firm step in a direction where English case law had previously tiptoed but still not fully embarked.
Product Suitability, Due Diligence And Management Responsibility: The New Regime Of Regulation 18b Of The Financial Advisers Regulations, Kee Yang Low
Research Collection Yong Pung How School Of Law
In response to the structured products crisis of 2008, many changes were made to the Singapore regulatory landscape over the past three years. More recently, in July 2011, the Financial Advisers Regulations (Cap 110, Rg 2, 2004 Rev Ed) was amended and an important new provision – reg 18B – was added. Regulation 18B requires a financial adviser and its senior management to conduct a comprehensive due diligence exercise before selling a new product. This comment considers reg 18B’s overall scheme, its interpretational difficulties, the demands of the diligence requirements, its interrelation with s 27 of the Financial Advisers Act …
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
The purpose of this article is to analyse relevant judicial decisions in Taiwan regarding structured notes sold to retail investors. Regarding pre-sale disputes, one issue was that investors failed to read contractual documents properly before signing contracts, so there was a question whether they could later claim a bank’s violation of its duty to explain. This article favours the view that an investor’s signature may exempt a bank’s duty, provided that investors are made aware of relevant warnings. In addition, for suitability assessment, relevant judgments show that customers were too easily classified as active investors based on a simple questionnaire. …