30 April 2016
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FROM THE SUPREME COURT (exclusive to SLW)
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Mediation Bill: Public Consultation on the draft Bill
The introduction of the Bill gives effect to one of the recommendations made by the International Commercial Mediation Working Group to strengthen the overall framework for mediation in Singapore…
Rajah & Tann, 28 Apr 2016
Singapore ratifies the Hague Convention on Choice of Court Agreements
Singapore’s ratification of the Convention will provide greater certainty to parties to international business transactions litigating before, or enforcing foreign judgments in, the Singapore courts...
Freshfields Bruckhaus Deringer, 28 Apr 2016
Banking (Amendment) Bill 2016 passed: Strengthening prudential safeguards, corporate governance and risk management controls
The Bill looks to enhance prudential safeguards, corporate governance and risk management controls in the banking industry, aligning the regulatory and supervisory framework of the MAS with international best practice…
Allen & Gledhill, 28 Apr 2016
Income Tax (Amendment No. 2) Bill 2016: Proposed changes to implement automatic exchange of financial account information under the Common Reporting Standard
The changes will enable Singapore to fulfil her international commitment to commence automatic exchange of financial account information under the CRS between jurisdictions for tax purposes, with the objective of detecting and deterring tax evasion...
Allen & Gledhill, 25 Apr 2016
Economic Expansion Incentives (Relief from Income Tax) (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
The Bill amends the EEIA by applying maximum tax relief period for each Pioneer Certificate on incentivised activities and for each certificate issued for Development and Expansion Incentive on the incentivised activities…
Allen & Gledhill, 21 Apr 2016
Goods and Services Tax (Amendment) Bill 2016 passed but not yet in force: Changes to GST policies and administration
The Bill amends the GST Act to allow the Comptroller of GST to impose travel restriction orders to persons failing to repay wrongly claimed tourist refunds, to carify the scope of zero-rating in relation to merchandise for sale on board an aircraft or...
Allen & Gledhill, 20 Apr 2016
Income Tax (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
Changes arising from the Income Tax (Amendment) Bill include extending and refining the M&A scheme, enhancing the Double Tax Deduction for Internationalisation Scheme, introducing the International Growth Scheme, and more…
Allen & Gledhill, 19 Apr 2016
Hague Convention on Choice of Court Agreements: Singapore tables bill in Parliament to make Singapore a more attractive dispute resolution venue
The Hague Convention is a significant judgment-recognition convention which strengthens the enforceability of Singapore court judgments abroad and facilitates a more conducive legal environment for cross-border business…
JWS Asia Law Corporation, 15 Apr 2016
Mental Capacity (Amendment) Bill 2016 passed
The Bill introduces the concept of “professional deputies” and “professional donees” and allows the court to revoke a deputy’s or donee’s powers if there is a significant risk of the deputy or donee abusing the donor…
Rajah & Tann, 06 Apr 2016
Goods and Services Tax (Amendment) Bill 2016: Changes to GST policies and administration
The Bill seeks to clarify scope of zero-rating in relation to merchandise for sale on board aircraft or ship, extend travel restriction order to a person who fails to repay wrongly claimed tourist refund, among others…
Allen & Gledhill, 22 Mar 2016
Income Tax (Amendment) Bill 2016: Implementing Budget 2015 changes
Key changes arising from the Bill.include extending and refining the M&A scheme, iIntroducing the new International Growth Scheme, improving enhanced-tier fund tax incentive scheme…
Allen & Gledhill, 21 Mar 2016
Changes to the Banking Act passed
This executive summary gives an overview of the rationale and scope of the amendments intended to improve the robustness of Singapore’s financial institutions and to align MAS’ regulatory and supervisory framework with international best practices...
RHTLaw Taylor Wessing LLP, 18 Mar 2016
Banking Amendment Bill 2016
The amendments are aimed at strengthening MAS’ regulatory and supervisory framework, and aligning them with international best practice…
Shook Lin & Bok LLP, 03 Mar 2016
Wilful blindness and presumption of knowledge under s 18(2) Misuse of Drugs Act – Putting the puzzle pieces together
This article reviews recent drug-related cases that touch on wilful blindness and the presumption of knowledge under s 18(2) Misuse of Drugs Act and closely examines the question of what is the relationship, if any, between the two….
Law Society of Singapore, 01 Mar 2016
Singapore to get new cyber security legislation
This new cyber security bill is intended to provide the Cyber Security Agency of Singapore with wider powers to enable it to better prevent and cope with cyber security threats to Singapore’s critical information infrastructure…
Rajah & Tann, 19 Feb 2016
Business Names Registration Act 2014 in force from 3 January 2016
The Act simplifies the process for the registration of persons and their business names and reduces regulatory burden for business owners…
Allen & Gledhill, 18 Feb 2016
Key legislative and regulatory developments in Singapore for the year 2015
Some key pieces of legislation reviewed include Bankruptcy (Amendment) Act 2015, Banking (Amendment) Bill, Mental Capacity (Amendment) Bill…
Rajah & Tann, 15 Feb 2016
Financial Advisers Act and Insurance Act amended to implement FAIR recommendations
The Acts have been amended to implement the recommendations of the Financial Advisory Industry Review Panel which seek to raise the standards and professionalism of the financial advisory industry...
Allen & Gledhill, 12 Feb 2016
Land Titles Act: A new avenue in the law of easements in Singapore
This executive summary looks at s 105 Land Titles Act, which came into effect in August 2014, allowing courts to vary or extinguish wholly or in part an easement over a servient tenement and how this has served the case mentioned…
Rodyk & Davidson, 02 Feb 2016
SHC: Obtaining a judgment on the merits in Singapore for the purpose of enforcement overseas
The SHC in Seagate Technology International v Vikas Goel  SGHC 12 held that, because Indian law did not recognise a foreign judgment obtained by default, the most appropriate course of action was to adduce evidence in the normal course of trial and
Shook Lin & Bok LLP, 25 Apr 2016
SHC: Obtaining discovery against banks
The SHC in La Dolce Vita Fine Dining v Deutsche Bank  SGHCR 3 stipulated the criteria to fulfil to obtain pre-action discovery against a bank without breaching banking secrecy rules…
Rajah & Tann, 20 Apr 2016
Should the availability of the SICC impact forum non conveniens doctrine?
The SHC in Accent Delight International v Bouvier, Yves Charles Edgar  SGHC 40 dealt with the issue of whether the fact that a plaintiff's substantive claims may be unavailable under a foreign law which possibly applies to the dispute affect...
Singapore Law Blog, 19 Apr 2016
SHC dismisses businessman’s claim in negligence against his surgeon and medical centre
The SHC in Hii Chii Kok v Ooi Peng Jin London Lucien  SGHC 21 held that the proper standard to apply in medical negligence is that set out in Bolam and supplemented by Bolitho, which is applicable to diagnosis, advice as well as to treatment…
Allen & Gledhill, 18 Apr 2016
SHC lays down new principles in defamation law
The SHC in Isabel Redrup Agency v A L Dakshnamoorthy  SGHC 30 held that, for the purpose of extending absolute privilege to police reports, protecting police reports and complaints to authorities with absolute privilege could encourage false...
Allen & Gledhill, 15 Apr 2016
SHC grants plaintiff leave to bring s 216A derivative action
The SHC in Yeo Sing San v Sanmugam Murali & Anor  SGHC 14 held that the plaintiff had met the requirements of s 216A Companies Act, being the case was brought before the court in good faith and the action was prima facie in the interests of...
Allen & Gledhill, 12 Apr 2016
SCA: Derivative actions by shareholders not available for companies in liquidation
The SCA in Petroships Investment v Wealthplus  SGCA 17 held that the wording of s 216A Companies Act suggests that applications for leave to commence derivative actions only apply in the context of going concerns…
Rajah & Tann, 29 Mar 2016
Penalty clauses: The Singapore position vs the UKSC’s fine-tuned doctrine
The position adopted by Singapore, largely based on the authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company  AC 79, is compared with UKSC's Cavendish Square Holding BV v Makdessi and ParkingEye v Beavis  UKSC 67...
Rodyk & Davidson, 28 Mar 2016
SHC clarifies the extent and scope of liability of the developer, architect and main contractor of a construction project in a claim for building defects
The SHC in MCST Plan No 3322 v Mer Vue Developments  SGHC 38 held that the developer, architect and main contractor can rely on the defence of being independent contractors in a claim in tort against them for building defects...
WongPartnership LLP, 23 Mar 2016
SHC: When challenging an arbitral award becomes a challenge
The court in AUF v AGF  SGHC 305 held that the fact that a decision was not based squarely on the submissions or interpretation of the evidence championed by any of the parties was not by that mere fact alone sufficient to impugn or...
Rodyk & Davidson, 22 Mar 2016
SHC: There are two tracks to getting paid so be sure of the timelines under the adjudication track
Two High Court cases have further confirmed the position on timelines under the Building and Construction Industry Security of Payment Act: Tienrui Design & Construction v G & Y Trading and Manufacturing  SGHC 243 and Newcon Builders v...
Rodyk & Davidson, 22 Mar 2016
IPOS Case Summary: Christie Manson & Woods v Chritrs Auction  SGIPOS 01 (application mark registered in bad faith)
It was difficult to believe that the application mark was "a meaningless word that was invented by the Applicant as a means of coming up with a unique mark for his business”…
Intellectual Property Office of Singapore, 16 Mar 2016
SHC opines on without notice termination clauses in equity accumulator contracts
Tan Poh Leng Stanley v UBS AG  SGHC 17 dealt with the issue of whether certain derivative instruments, accumulators, purchased by the plaintiff-client of the defendant-bank could be closed out without notice…
Allen & Overy LLP, 15 Mar 2016
SHC holds that jurisdiction to remove and appoint trustees of a Muslim charitable trust resides solely with MUIS
The SHC in Mohamed Shariff Valibhoy v Arif Valibhoy  SGHC 11 held that it has no jurisdiction under the Trustees Act to remove and appoint trustees of a Muslim charitable trust; this jurisdiction resides with MUIS under the Administration of...
Allen & Gledhill, 11 Mar 2016
CCS clears proposed acquisition relating to digital storage solutions
The CCS concluded that the proposed transaction was unlikely to lead to a substantial lessening of competition within the market for the global supply of interface-specific Enterprise Solid State Drives to customers globally…
Allen & Gledhill, 10 Mar 2016
Latest developments: International arbitration; employment law; real estate
This executive summary discusses the Privy Council case of Anzen v Hermes One Limited  UKPC 1, the High Court decision of Piattchanine, Iouri v Phosagro Asia  SGHC 259 and Haneda Construction & Machinery Pte Ltd v Huttons Asia  SGHC 294.
Morgan Lewis Stamford LLC, 09 Mar 2016
SHC: Breaches of fiduciary duties and employment duties do not necessary constitute “serious misconduct”
The SHC in Iouri Piattchanine v Phosagro Asia found that breaches by an employee of his fiduciary duties, as well as his express and implied duties of employment were nonetheless insufficient to justify his summary dismissal by his employer...
Linklaters, 09 Mar 2016
SHC: Unravelling the unwind of accumulator contracts
The SHC in Tan Poh Leng Stanley v UBS  SGHC 17 held that there was an oral agreement to unwind the accumulators outside of the ISDA Master Agreement and the requirement to give notice of the unwind under Agreement was not applicable...
Linklaters, 09 Mar 2016
SHC grants interim order for sale of cargo on board a vessel in international waters in aid of international arbitration
The SHC in Five Ocean Corporation v Cingler Ship  SGHC 311 granted the interim order to preserve the value of the cargo pending the resolution of an arbitration between the relevant parties in Singapore...
Allen & Gledhill, 25 Feb 2016
Developments in international arbitration, construction & projects in 2015
This executive summary visits some of the notable developments in Singapore case law in 2015 in the fields of International Arbitration, Construction & Projects…
Rajah & Tann, 24 Feb 2016
SHC declares that properties bequeathed by testator vested in MUIS
The SHC in Majlis Ugama Islam Singapura v Saeed Salman  SGHC 4 held that that the testator’s donation in the will created a wakaf and granted the orders sought by the plaintiff…
Allen & Gledhill, 24 Feb 2016
Appealing to the Singapore Court of Appeal: Beware the procedural pitfalls
“Chem Orchid”  SGCA 04 and Kosui Singapore v Thangavelu  SGCA 03 highlight that some matters cannot be taken on appeal while some matters can be taken on appeal only if leave is granted...
Shook Lin & Bok LLP, 23 Feb 2016
SCA: When is it appropriate to order nominal maintenance?
The SCA in ATE v ATD  SGCA 2 found that the wife was not entitled to nominal maintenance as the marriage was a short one and she was as professionally successful as the husband and thus capable of taking care of herself…
Rajah & Tann, 23 Feb 2016
SHC: No complaining later: Parties must address new issues of law and fact that arise during the arbitration when they arise, and not later
The SHC in AYH v AYI  SGHC 300 held that If an issue arises in an arbitration and a party elects to "sit on its hands" rather than deal with the issue there and then, then the party may well lose the right to challenge that issue later…
Baker & McKenzie.Wong & Leow, 22 Feb 2016
SHC delivers first decision on the new buy-out remedy in winding up applications
The SHC in Ting Shwu Ping v Autopack  SGHC 07 held that a buy-out provision should be invoked only for a bona fide winding-up application where it would be a more efficient solution for the majority to buy out the minority…
Providence Law Asia LLC, 19 Feb 2016
SHC: Unresolved issues in deciding the appropriate dispute forum
The court in Abdul Rashid bin Abdul Manaf v Hii Yii Ann  SGHCR 1 asks whether compellability should be a significant factor if a witness is willing to testify outside of his place of residence...
Rajah & Tann, 18 Feb 2016
The “Xin Chang Shu” – malice inferred
The SHC in The “Xin Chang Shu”  SGHC 308 gave clarity as to the procedural and substantive law relating to ship arrests…
Shook Lin & Bok LLP, 16 Feb 2016
Latest developments: Tax; building & construction
This executive summary focuses on the cases of AXY & Ors v CIT  SGHC 291 and Thian Sung Construction v International Elements  SGHC 319...
WongPartnership LLP, 12 Feb 2016
SCA: Setting aside, striking out and appeals to the Court of Appeal in ship arrests
The SCA in The “Chem Orchid”  SGCA 4 also examined and commented on the relationship between the application to set aside the arrest of a ship and the trial of the claim in the event the arrest is not set aside...
Rajah & Tann, 10 Feb 2016
Reasons why the SHC's judgment in MF Global on the scope of the client assets/money protection regime is noteworthy
This executive summary discusses the court’s statements suggesting that, as soon as monies have become due and payable to a customer on principal-to-principal trading activities and his trading ledger balance is credited with the amounts earned...
Allen & Overy LLP, 04 Feb 2016
Recent decisions on the duty of care of solicitors drafting wills and family arrangements
This executive summary looks at the SCA cases where the conduct of solicitors who drafted Deeds of Family Arrangement was scrutiny. The court also made observations on the pre-requisites that a solicitor should observe when advising potential testators…
Law Society of Singapore, 03 Feb 2016
SHC explains how to interpret “day” and “calendar day”
The SHC in Fujitec v GS Engineering & Construction  SGHC 318 considered the interpretation of the following clause: “Clause 5: Company A is obliged to make payment within 7 days of Company B issuing an invoice for services rendered”…
Providence Law Asia LLC, 02 Feb 2016
SCA: All powers have their limits - A guide to rationalising the legality of government actions
Tan Seet Eng v AGl  SGCA 59 is of significance in its re-affirmation of the principles of due process and separation of powers by the Court of Appeal, as well as a much needed clarification of the judicial review process...
Singapore Law Watch, 03 Feb 2016
A primer on the simplified civil process for Magistrate’s Court cases
This executive summary dissects O 108 Rules of Court governs all civil proceedings before the Magistrates’ Courts and provides a simplified process to facilitate the fair, expedient, and inexpensive determination of small value claims…
Law Society of Singapore, 29 Apr 2016
Cyber security 101 - Singapore
This executive update looks at the key legislation governing cyber security in Singapore, the main actors in this field, their motivations and methods, and defences against cyber attacks...
RHTLaw Taylor Wessing LLP, 29 Apr 2016
2016: A manpower-lean and productive economy, with a strong Singaporean core
This executive summary will provide a brief summary of these policy thrusts and other key announcements put forward by the Ministry of Manpower during the Committee of Supply debate…
Rajah & Tann, 29 Apr 2016
SGX consults on rule amendments to introduce new derivatives trading and clearing system SGX Titan
SGX Titan is scheduled to replace QUEST-DT, its current derivatives trading system and SGXClear, its current clearing system for all derivatives…
Allen & Gledhill, 29 Apr 2016
New measures to strengthen the local workforce announced in Parliament
The new measures to be put into place will include refining the processing of Employment Pass applications, as well as providing further assistance to unemployed Singaporeans and the employers who hire them…
WongPartnership LLP, 21 Apr 2016
MinLaw and IPOS complete review of Singapore’s registered designs regime
The review recommendations aim to enhance the existing registered designs regime to better support Singapore’s economic and design initiatives, including a broader scope of design protection, the designer of a design is the default owner…
Allen & Gledhill, 18 Apr 2016
Latest developments: Data protection
This executive summary looks at the emergence of new regulatory instruments and frameworks in APAC and in Europe, as courts, governments, and regulators continue to grapple with rapid advancements in new technologies and their implications...
Drew & Napier LLC, 15 Apr 2016
Budget 2016 – Tax Updates
This executives summary highlight the tax changes announced in Budget 2016 including the new Automation Support Package which was introduced to boost the productivity of Singapore’s economy…
Rajah & Tann, 14 Apr 2016
The Panama Papers leak: Implications for organisations and individuals in Singapore
The leakage of some 11.5 million documents from Mossack Fonseca has served to refocus the attention of regulators and enforcement agencies on the fact that offshore companies continue to be widely and extensively used as a means to hold assets securely...
Shook Lin & Bok LLP, 12 Apr 2016
CCS accepts Singapore-specific commitments and clears proposed merger of airfield lighting suppliers
The CCS cleared ADB BVBA's proposed acquisition of Safegate International AB after accepting the commitments provided by the Parties to address potential competition concerns…
12 Apr 2016
CCS penalises 10 financial advisory companies for pressuring the withdrawal of a competing life insurance offer
CCS found that there was general agreement during a meeting and subsequent further coordination among the parties to pressurise the Company to withdraw its Fundsupermart Offer within a few days of launching the offer…
Allen & Gledhill, 11 Apr 2016
New initiatives for the growth of the Singapore fund management industry
The Open-End Investment Companies programme provides a more efficient fund administration structure for asset managers, which allows for an umbrella fund structure containing several sub-funds to be set up…
Colin Ng & Partners, 11 Apr 2016
SGX proposes mandatory minimum allocation of 10% of total offer size to public subscription tranche of IPOs
The proposed changes will impact not only companies but also, with the necessary adaptations, business trusts and real estate investment trusts seeking a listing on the Mainboard…
Allen & Gledhill, 06 Apr 2016
Key changes to Singapore employment landscape in 2016
This update seeks to highlight some of the main changes expected to come into effect this year, namely, the requirement for employers to issue itemised payslips, issue key employment terms in writing and maintain employment records and...
Colin Ng & Partners, 06 Apr 2016
When is a contract for the sale of goods not a contract for the sale of goods?
Is a ship owner who contracted to purchase bunkers from an OW entity liable to pay that OW entity for the bunkers; or should payment be made to the entity further up the supply chain, or both?...
Shook Lin & Bok LLP, 31 Mar 2016
The difference between a warranty and an indemnity
This article discusses the key differences between warranties and indemnities in relation to the sale and purchase of shares. It is crucial to seek the most appropriate form of contractual protection as a buyer…
Colin Ng & Partners, 30 Mar 2016
Quistclose trusts – what they are and how to use them
A quistclose trust may have application in an urgent bridging transaction where time does not permit traditional forms of security to be set up…
Colin Ng & Partners, 29 Mar 2016
Protective trusts - How to protect your children from opportunists and gold diggers
This executive summary looks at how a trust can be set up to ensure that the trust property or the capital constituting the trust property is held securely by thet tustee for the benefit of the beneficiaries…
Colin Ng & Partners, 28 Mar 2016
Singapore ratifies Convention on Mutual Administrative Assistance in Tax Matters
The ratification of the Convention expands Singapore’s network of partners for exchange of information on request by 34 jurisdictions…
Allen & Gledhill, 28 Mar 2016
SCMA Rules 3rd edition (October 2015) – A commentary on the recent amendments
Notable changes broadly deal with suggested model clauses; small claims procedure for claims not exceeding US$150,000; and default positions with respect to applicable laws, the juridicial seat of arbitration, the physical place of the arbitration...
Rodyk & Davidson, 24 Mar 2016
Some observations on the new model constitution for a private company limited by shares
This executive summary discusses the need for private companies to update their regulations by adopting a new constitution to replace the memorandum and articles of association and comments on the model constitution recently enacted...
Colin Ng & Partners, 24 Mar 2016
MAS consults on draft revised MAS Notice 643 on Related Party Transaction Requirements
Proposed key changes to the RPT requirements include requiring banks to ensure that their RPTs are conducted at arm’s length can be satisfied by establishing and implementing the appropriate RPT policies and procedures...
Allen & Gledhill, 24 Mar 2016
Share buybacks – secret weapon?
Share buybacks may play a role of increased importance as continued weakness in the stock market is met with increasing protests from management that selling is overdone and shares are undervalued…
Shook Lin & Bok LLP, 23 Mar 2016
SGX consultation paper on sustainability reporting
SGX intends to introduce sustainability reporting on a “comply or explain” basis, giving issuers the opportunity to explain their individual practices and reasons for deviating from specified requirements…
Allen & Gledhill, 18 Mar 2016
SGX revises calculation methodology for MTP requirement and extends time for issuers with securities price falling below S$0.20 to comply with MTP requirement
SGX has revised the calculation methodology of the six-month volume weighted average price to align it with that of international data companies…
Allen & Gledhill, 18 Mar 2016
SGX revises forms of directors’ and executive officers’ undertakings to comply with Listing Rules
Listed issuers have up to 30 April 2016 to procure the requisite undertakings based on the revised forms…
Allen & Gledhill, 16 Mar 2016
SIAC announces public consultation on draft Investment Arbitration Rules
The draft IA Rules aim to provide an alternative, bespoke set of procedures to the SIAC Arbitration Rules on such issues as submissions by non-disputing parties, disclosure of third party funding arrangements, early dismissal of claims and confidentiality
Allen & Gledhill, 11 Mar 2016
Singapore take-over code revised
Key changes to the Code include clarifying that in a competitive situation the offer timetables will be aligned to that of the latest offer; prescribing a default auction procedure, if neither offeror has declared its final offer price in the later stages
Drew & Napier LLC, 04 Mar 2016
Basel Committee on Bank Supervision - General Guide to Account Opening
The latest revised version appears as a new Annex 4 to the Basel Committee’s Guidelines on Sound Management of Risks related to Money Laundering and Financing of Terrorism which takes into account the significant enhancements recommended by...
Shook Lin & Bok LLP, 04 Mar 2016
Consultation on the establishment of an employment claims tribunal to address salary-related claims
The Employment Claims Tribunal will address salary-related claims for all employees; currently, the present position requires employees not covered by the Employment Act to seek recourse for their salary-related claims with the civil courts…
WongPartnership LLP, 03 Mar 2016
The Asian Infrastructure Investment Bank opens: Early indications for the construction industry
With the promise to facilitate sustainable economic growth, improve infrastructure networks, and create wealth in Asia, this executive summary analyses what the introduction of the AIIB may mean for the construction industry and the region…
Clyde & Co, 29 Feb 2016
MAS issues asset freeze regulations against certain individuals/entities that may be a threat to South Sudan
The Regulations apply to all financial institutions in Singapore and assist in giving effect to Resolution 2206 (2015), which imposes asset freeze against individuals or entities designated as responsible for or complicit in...
Allen & Gledhill, 23 Feb 2016
SIAC announces opening of public consultation on revised SIAC Arbitration Rules
The draft Rules seek to introduce state-of-the-art revisions to better cater to the needs and profiles of SIAC’s users, including new joinder, consolidation provisions, and revises the SIAC’s emergency arbitrator procedure.
Allen & Gledhill, 19 Feb 2016
MAS issues revised Code on Collective Investment Schemes and Notice and Guidelines for all holders of capital markets services licence for REIT management
The finalised rules provide further guidance in the qualification of real estate as income-producing if its yield is greater than the risk-free rate, disclosure requirements for fees payable to REIT managers...
Allen & Gledhill, 17 Feb 2016
CCS seeks feedback on proposed voluntary commitment by supplier of lift spare parts for maintenance of lifts in Singapore
CCS may also release or review the proposed voluntary commitment in the event of any material change in market conditions for the supply of lift spare parts and/or upon a request or application to CCS by the supplier…
Allen & Gledhill, 17 Feb 2016
MAS responds to feedback on proposed exemption governing execution-related advice
MAS will exempt execution-related advice (ERA) in respect of listed Excluded Investment Products from the Financial Advisers Act business conduct rules. The exemption will cover ERA on listed collective investment schemes such as REITs...
Allen & Gledhill, 16 Feb 2016
IOSCO crowdfunding 2015 survey responses report
The IOSCO responded to a number of issues relating to crowdfunding including regulatory approaches to crowdfunding, capital requirements for crowdfunding activities in various jurisdictions…
Shook Lin & Bok LLP, 12 Feb 2016
MOM, NTUC and SNEF issue tripartite advisory on managing workplace harassment
The Advisory emphasises and encourages proactive management and focuses on preventive measures to ensure a safe and conducive workplace. ..
Allen & Gledhill, 05 Feb 2016
SGX seeks feedback on proposed amendments to align listing rules with changes to the Companies Act
Some proposed changes relate to insurance coverage and indemnities for directors, shareholder consent for electronic transmission of notices and documents, safeguards for electronic transmission of documents…
Rajah & Tann, 04 Feb 2016
Wills and beyond
This executive summary discusses the various tools for succession planning and the intricacies in relation to each tool…
Law Society of Singapore, 04 Feb 2016
Managing harassment - tripartite partners offer practical guidance to assist employers and employees
The Advisory provides helpful guidance for employers in respect of core values to foster a conducive and safe organisational culture, principles to ensure that their antiharassment measures are effective and practical and good practices to prevent...
Baker & McKenzie.Wong & Leow, 01 Feb 2016
Medical reports supporting deputy applications – Encouraging the good, rescuing the bad
This executive summary examines the procedure to obtain medical reports to support the application of a deputy to act and make decisions on behalf of a person who lacks mental capacity…
Law Society of Singapore, 01 Feb 2016
[GBR] Predictive coding in the e-disclosure process
The EWHC in Pyrrho Investments v MWB Property  EWHC 256 (Ch) approved the use of predictive coding software in the e-disclosure process. Predictive coding could lead to significant costs savings...
Clyde & Co, 31 Mar 2016
[GBR] “All’s well that ends well”: measure of damages and mitigation in the spotlight
The EWCA in Bacciottini v Gotelee and Goldsmith  EWCA Civ 170 held that in circumstances where the claimants had successfully mitigated their position at a cost of just £250 and in a straightforward manner, the court agreed that their claim...
Clyde & Co, 30 Mar 2016
[GBR] Investing in the UK: New rules require public disclosure of ultimate owners of unlisted UK companies
From 6 April 2016, UK-incorporated companies and limited liability partnerships will be required to maintain a register of persons having significant control over them, known as a “PSC register”…
Allen & Gledhill, 16 Mar 2016
[GBR] Without prejudice privilege may apply to communications with regulator
Property Alliance Group Ltd v Royal Bank of Scotland plc  1 WLR 361 also provides guidance to financial institutions on how privilege may be maintained over documents and communications exchanged in the context of regulatory investigations…
Drew & Napier LLC, 15 Mar 2016
[INT] Technology, media and telecommunications quarterly regional update: A snapshot of the past year & a look ahead
This executive summary aims to highlight the significant TMT-related legal developments in the ASEAN region, as well as in the key economies across the world…
Rajah & Tann, 10 Mar 2016
[EU-[USA] EU-US Privacy Shield – New framework for personal data transfers from the EU to the US
The Privacy Shield outlines the framework that will replace the invalid Safe Harbour framework and reflects the requirements set out by the Court of Justice of the European Union in the Schrems ruling in October 2015…
Rajah & Tann, 08 Mar 2016
[GBR] UK Supreme Court Press Summary: Mr A M Mohamud v WM Morrison Supermarkets  UKSC 11 (whether employer was vicariously liable for employee's actions)
The UK Supreme Court allowed the claimant's appeal and held the respondent vicariously liable. The close connection test has been followed at the highest level and there is nothing wrong with it as such…
UK Supreme Court, 04 Mar 2016
[INT] Foreign traders and their hunt for goodwill in passing off
The UK Supreme Court' decision in Starbucks (HK) Ltd v British Sky Broadcasting Group  UKSC 31 affirms that common law remains divided over foreign traders’ hunt for goodwill in domestic markets…
Law Society of Singapore, 03 Mar 2016
[INT] OW Bunkers – Is there an end in sight?
Many parties have been waiting for a decision in the UK test case the "Res Cogitans" for guidance. Following the decision of the UK Court of Appeal in this matter, the UK Supreme Court has just granted permission that a final appeal should go ahead...
Clyde & Co, 01 Mar 2016
[INT] Hague Convention on Choice of Court Agreements: Courting the freedom of choice
This executive summary explores the implications of Singapore’s signing and proposed implementation of the Hague Convention, which strengthens the enforceability of Singapore court judgments abroad and facilitates a more conducive legal environment
Law Society of Singapore, 29 Feb 2016
[INT] Iranian sanctions update
After the International Atomic Energy Agency's announcment that Iran had fulfilled its nuclear-related obligations under the Joint Comprehensive Plan of Action, the US, EU and UN proceeded to implement sanction-relief measures set out in the Plan…
Kennedys Legal Solutions, 26 Feb 2016
Allen v Chadwick  HCA 47 (Tort, Negligence): catchwords
Tort – Negligence – Contributory negligence
Singapore Management University, 18 Feb 2016
[MYA] Myanmar enacts new Arbitration Law implementing the New York Convention
The Arbitration Law provides a comprehensive legal framework for the conduct of domestic and international arbitrations seated in Myanmar, and gives domestic effect to Myanmar’s obligations under the New York Convention…
Freshfields Bruckhaus Deringer, 15 Feb 2016
[GBR] “May” is not the same as “Shall”: Privy Council confirms litigation defendant may exercise option to arbitrate, and avoid litigation, by applying for stay
The UK Privy Council in Anzen v Hermes One  UKPC 1 the words “may submit the dispute to binding arbitration” give either party to a contract the right to insist on arbitration, which could be achieved by applying for a stay of litigation...
Freshfields Bruckhaus Deringer, 05 Feb 2016
[CHN] China releases new rule in foreign direct investment to further promote registered capital reform
MofCom's Decision of Revising Certain Regulations and Regulated Documents further promotes registered capital reform policy and simplify procedures and requirements for foreign direct investments in China…
Rodyk & Davidson, 03 Feb 2016
[CHN] China’s new anti-terrorism law: Implications for firms dealing with data in China
This executive summary will analyse the relevant cybersecurity provisions of the new law, examining its impact on pertinent issues such as data privacy and discussing the broader implications for technology firms seeking to do business...
Rajah & Tann, 02 Feb 2016
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