05 December 2016
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FROM THE SUPREME COURT (exclusive to SLW)
Supreme Court Note: MCST Plan No 3322 v Tiong Aik Construction  SGCA 40 (non-delegable duties)
While the court found that the BCA did give rise to certain statutory non-delegable duties in tort, the court held that the duties established under BCA related primarily to building and structural safety, and not to other aspects of the construction…
Supreme Court, 06 Oct 2016
Supreme Court Note: Yap Chai Ling v Hou Wa Yi  SGCA 39 (recognition of a foreign divorce and the public policy exception)
The court held that a foreign divorce judgment that recognised as valid a marriage that was bigamous in inception but which subsequently became monogamous was not contrary to public policy.
Supreme Court, 05 Oct 2016
Supreme Court Note: Allergan, Inc v Ferlandz Nutra  SGHC 131 (observations on the defence of comparative advertising under s 28(4)(a) of the Trade Marks Act
The court found that the defendant’s use of the plaintiffs’ trade mark was not fair use. The question of whether the inclusion of a false statement negated fair use depended on the nature of the statement...
Supreme Court, 03 Oct 2016
Supreme Court Note: Suresh s/o Suppiah v Jiang Guoliang  SGHC 133 (computation of time for limitation periods)
The court the appellant’s action was not time-barred; the date of the cause of action was to be excluded from the computation…
Supreme Court, 29 Sep 2016
Supreme Court Note: Sinwa SS (HK) v Nordic International  SGHC 111 (limitation period for a common law derivative action)
The court held that it was compelled by the language of s 6(1) Limitation Act to reach the conclusion that the plaintiff’s application for leave to commence a common law derivative action did not have the effect of stopping the limitation period...
Supreme Court, 28 Sep 2016
Supreme Court Note: Deepak Sharma v Law Society of Singapore  SGHC 105 (judicial review of a review committee decision)
The court held that the findings and decision of a review committee constituted under the Legal Profession Act was susceptible to review and that any person may make a complaint to the Law Society...
Supreme Court, 27 Sep 2016
Securities and Futures (Amendment) Bill 2016 undergoes first reading in Parliament
This executive summary looks at key provisions in the Bill to ensure that the capital markets regulatory framework in Singapore keeps pace with market developments and is aligned to international standards and best practices…
Rajah & Tann, 24 Nov 2016
Credit Bureau Bill 2016: Regulatory framework for credit bureaus
This executive summary looks at the Bill which ensures the sound operation of licensed credit bureaus, safeguard the confidentiality, security and integrity of customer credit information, and protect consumer interests…
Allen & Gledhill, 23 Nov 2016
Telecommunications (Amendment) Bill 2016: Facilitating access to rooftop space for mobile deployment and establishing alternative dispute resolution scheme for telecommunication and media sector
IMDA will be empowered to issue a written notice to licensees, developers, owners or occupiers of land or buildings, to comply with a code of practice in relation to the provision of access to a space or facility within or on the land or building...
Allen & Gledhill, 22 Nov 2016
Mediation Bill: MinLaw responses to feedback received from public consultation on the draft Bill
This executive summary highlights aspects of Singapore’s mediation framework, where the Mediation Bill proposes new consolidated legislation which can give welcome statutory support to the mediation process and its outcomes…
Lee & Lee, 21 Nov 2016
Latest developments: Employment law
This executive summary looks at legislation updates pertaining to the Employment Claims Act and the Child Development Co-Savings Act…
WongPartnership LLP, 18 Nov 2016
Income Tax (Amendment No. 3) Bill 2016: Implementing Budget Statement 2016 changes and Country-by-Country Reporting
Key changes from 2016 Budget Statement include ncreasing the corporate income tax rebate for YAs 2016 and 2017 from 30% to 50% of corporate tax payable, enhancing the M&A scheme by increasing the maximum capital expenditure on share acquisition...
Allen & Gledhill, 17 Nov 2016
Personal Data Protection Act – Obligation to protect and secure data, and what to do in case of breach
This executive summary looks at the lessons to be learnt from cases investigated by the PDPC…
Dentons Rodyk & Davidson LLP, 15 Nov 2016
Info-communications Media Development Authority Act 2016 and Government Technology Agency Act 2016 in force from October 2016
The IMDA Act establishes the IMDA as a converged info-communications media developer and regulator. Consumers will be a key focus for IMDA…
Allen & Gledhill, 15 Nov 2016
Choice of Court Agreements Act 2016 in operation from 1 October 2016: New regime for upholding exclusive choice of court agreements and recognising and enforcing foreign judgments
The Act gives effect to the Convention on Choice of Court Agreements, which establishes an international legal regime requiring a party to the Convention to uphold exclusive choice of court agreements designating the courts of Contracting States...
Allen & Gledhill, 14 Nov 2016
Companies (Amendment) Bill 2017: Proposals to reform Singapore’s debt restructuring and corporate rescue framework
The proposals include schemes of arrangement that implement debt restructuring proposals, provisions to enable companies to apply for a judicial management order more easily, reforms that would facilitate resolutions of cross-border insolvencies…
Rajah & Tann, 09 Nov 2016
Companies (Amendment) Bill 2017: Introduction of an inward re-domiciliation regime
The amendments are part of efforts to ensure that Singapore’s corporate regulatory regime remains internationally competitive and continues to stay robust, and will form part of a larger Companies (Amendment) Bill 2017…
Rajah & Tann, 07 Nov 2016
Consumer Protection (Fair Trading) Act: Bill to amend Act passed but not yet in force
The Act is amended to strengthen the civil measures that may be taken under the CPFTA against errant retailers who persist in unfair trading practices…
Allen & Gledhill, 21 Oct 2016
Securities and Futures Act amended to implement safeguards for protecting retail investors
The amendments aim to implement safeguards for the protection of retail investors, including a requirement for issuers of capital markets products to classify investment products, the provision of Product Highlights Sheets for certain types of securities.
Allen & Gledhill, 11 Oct 2016
EU judgments enforceable in Singapore with effect from 1 October 2016
Court judgments emanating from a contracting state must now be recognised and enforced in another contracting state, subject to very limited exceptions…
Rajah & Tann, 07 Oct 2016
Administration of Justice (Protection) Act: Any risk will do – The new law on scandalising contempt in Singapore
This article will focus on the offence of scandalising contempt as its codification represents the most significant departure from the parameters of the hitherto common law offence established by the Court of Appeal...
Law Society of Singapore, 28 Sep 2016
Telecommunications Act and Media Development Authority of Singapore Act: Establishing an alternative dispute resolution scheme for telecommunication and media sector
Ministry of Communications and Information proposed to amend the Telecommunications Act to facilitate deployment of telecommunication systems to ensure continued accessibility and good quality telecommunication services…
28 Sep 2016
Info-communications Media Development Authority Bill 2016 and Government Technology Agency Bill 2016 passed in Parliament
The IMDA and the GTA will replace the Info-communications Development Authority of Singapore and the Media Development Authority of Singapore, and are expected to be established in the second half of 2016…
Allen & Gledhill, 27 Sep 2016
Vulnerable Adults Bill: Ministry of Social and Family Development conducts public consultation
The proposed Bill allows the State to step in for high risk cases where State intervention is necessary to protect and ensure the safety of the vulnerable adult…
Allen & Gledhill, 26 Sep 2016
Administration of Justice (Protection) Act: Upholding the integrity of our justice system and balancing rights
Putting contempt law into statutory form makes it clearer and defines its boundaries. This is important given the penal consequences for contempt…
Ministry of Law, 23 Sep 2016
Consumer Protection (Fair Trading) (Amendment) Bill 2016: Appoints SPRING as administering agency
The main amendments in the Amendment Bill relate to the appointment of the SPRING as the administering agency for the CPFTA as well as relating to SPRING’s and the courts’ powers in the administration of the CPFTA…
Allen & Gledhill, 23 Sep 2016
Are you licensed to claim? The licensing regime under the Singapore Building Control Act
This licensing regime was put in place as part of the government's efforts to upgrade as well as improve the safety and quality standards of the construction sector in Singapore…
Rajah & Tann, 09 Sep 2016
SHC: Admission of QC to Singapore courts permitted only when necessary
The SHC in Re Landau, Toby Thomas QC  SGHC 258 held that all the matters that the applicant raised were those that Singapore courts and local counsel have experience hearing and arguing and were not therefore novel...
Morgan Lewis Stamford LLC, 01 Dec 2016
SHC: Arbitration clause held to be governed by law of main contract
"The SHC in BCY v BCZ  SGHC 249 followed the approach of the English CA in Sulamérica  1 WLR 102 beacuase the weight of authority supported the Sulamérica approach which was preferable as a matter of principle...
Morgan Lewis Stamford LLC, 25 Nov 2016
IPOS Case Summary: Bentley Motors Limited v Aucera SA  SGIPOS 11 (whether registered mark used in Singapore)
The registrar revoked the proprietor’s registration of the mark on the grounds of non-use in Singapore. The registrar did not find the evidence sufficient to support the proprietor’s claim that goods bearing the mark were imported into Singapore...
Intellectual Property Office of Singapore, 22 Nov 2016
SHC: Is there a binding independent arbitration agreement when parties dispute the existence of the underlying contract
In BCY v. BCZ  SGHC 249, the SHC decided that there was no binding arbitration agreement between the parties formed independently of the agreement…
Lee & Lee, 18 Nov 2016
SHC: “Reasonable Care” condition precedent in an insurance policy
The SHC in Grace Electrical Engineering v EQ Insurance  SGHC 233 demonstrated a balanced and cautious approach when determining conditions precedent in insurance policies…
Rajah & Tann, 16 Nov 2016
SHC: Validity of a dispute resolution clause which grants one party the right to elect to arbitrate
In Dyna-Jet v Wilson Taylor Asia Pacific Pte Ltd  SGHC 238, the SHC decided that a clause which grants one party the right to arbitrate disputes constituted a valid “arbitration agreement” under Section 2A of the International Arbitration Act...
Lee & Lee, 16 Nov 2016
By-law imposing fines for encroachment of common property declared invalid by Strata Titles Board
In Technocrete v MCST Plan No. 3293, STB 32 of 2016, the Strata Titles Board held that a by-law which imposed a penalty and was not made in the interest of all subsidiary proprietors, was invalid…
Lee & Lee, 15 Nov 2016
SHC: Misrepresentations during pre-contract negotiations
In Honey Secret Pte Ltd v Atlas Finefood Pte Ltd and others  SGHC 164, the SHC had to navigate through misrepresentation in pre-contract negotiations…
Rajah & Tann, 14 Nov 2016
SCA rules on controversial summary dismissal case
The SCA in Iouri Piattchanine v Phosagro Asia Pte Ltd  5 SLR 1257 overturned the ruling that the employee was not guilty of serious misconduct...
Linklaters, 11 Nov 2016
SCA: Respondent may be taken to have waived the Claimant’s breach of a mandatory provision of the SOP Act if no objection is raised by the time the respondent submits its payment response.
The SCA in Grouteam Pte Ltd v UES Holdings Pte Ltd  SGCA 59 higlighted on the appropriate time to raise an objection...
Lee & Lee, 11 Nov 2016
SHC holds joint accounts cannot be attached under a garnishee order
The SHC in One Investment and Consultancy v Cham Poh Meng  SGHC 208 held that it was difficult for banks to ascertain the correct proportion to attach to a garnishee order as it has no visibility as to the respective contributions of the joint...
Allen & Gledhill, 07 Nov 2016
IRAS Case Summary: GBF v Comptroller of Income Tax  SGITBR 01
The Board found that the Comptroller had exercised its powers reasonably and fairly in decided that there was no genuine commercial reason for a complex restructuring arrangement, the purpose of which was to avoid the appellant’s liability to pay tax...
Inland Revenue Authority of Singapore, 04 Nov 2016
Latest developments: Company law, Arbitration
This executive summary looks at Pacific Andes Resources Development  SGHC 210 on the application of s210(10) Companies Act and Rals International v Cassa di Risparmio di Parma e Piacenza  SGCA 53 concerning disputes arising from negotiable...
WongPartnership LLP, 04 Nov 2016
BNY Mellon Corporate Trustee Services Limited (Appellant) v LBG Capital No 1 Plc and Anor (Respondents)  UKSC 29
This article summarises the issues raised in the case relating to the interpretation of the deed of a contingent convertible instrument…
Law Society of Singapore, 02 Nov 2016
Calculating damages for dependants in personal injury cases
The SCA in Zhu Xiu Chun v Rockwills Trustee Ltd  SGCA 52, the court took the position that in determining the quantum, one needs to bear in mind “reasonable expectation of pecuniary benefit".
Rajah & Tann, 27 Oct 2016
[GBR] Recovery of third party funding fees as costs of the arbitration
In Essar Oilfields Services v Norscot Rig Management  EWHC 2361, the court held that a tribunal has the power under s 59(1) of the English Arbitration Act 1996 to award the cost of third-party litigation funding as costs of the arbitration...
26 Oct 2016
SCA: Non-delegable duties of architects and main contractors in construction claims
The SCA in MCST Plan No. 3322 v Tiong Aik Construction  SGCA 40 held that architects and main contractors were not subject to a non-delegable duty in tort to ensure that the building and design of the construction project was undertaken...
Dentons Rodyk & Davidson LLP, 25 Oct 2016
IPOS Case Summary: Tan Jee Liang trading as Yong Yew Trading Company v FMTM Distribution Ltd  SGIPOS 09
The Registrar found that the manner in which the Applicant’s List of Issues for Cross-Examination had been particularised was relevant, satisfactory, and useful to the key material issue of non-use...
Intellectual Property Office of Singapore, 25 Oct 2016
SHC considers locus standi issues in a section 216 case which bears all the hallmarks of a classic case of oppression
The SHC in Lim Seng Wah v Han Meng Siew  SGHC 177 held that the plaintiffs had lost their locus standi to continue with the claim of oppression when they ceased to be registered as shareholders in the company…
Allen & Gledhill, 20 Oct 2016
SHC dismisses applications to set aside arbitral awards on the ground that there was no contract
The SHC in Jiangsu Overseas Group v Concord Energy  SGHC 153 also clarified that a party which deliberately allowed the arbitration to proceed in its absence should not be permitted to use that fact as a reason to apply for oral testimony...
Drew & Napier LLC, 18 Oct 2016
SCA: Historic win for investor in landmark apex court decision concerning investor-state dispute
The SCA in Sanum Investments Ltd v Government of the Lao People’s Democratic Republic  SGCA 57 overturned the SHC's ruling on the Laotian government's challenge of UNCITRAL Tribunal's jurisdiction…
WongPartnership LLP, 18 Oct 2016
SHC: Staying a winding-up application in favour of arbitration
The SHC in BDG v BDH  SGHC 211 granted an injunction to restrain winding-up applications; the basis for the winding-up application was subject to arbitration and had to be determined through that forum…
Rajah & Tann, 14 Oct 2016
SHC confirms it has the inherent power to seal court files to preserve confidentiality in related arbitration proceedings
The SHC in BBW v BBX  SGHC 190 held that Singapore courts have the inherent power to grant orders to seal court files in the interests of preserving the confidentiality of related arbitration proceedings…
Clifford Chance, 13 Oct 2016
SHC: Takashimaya wins rent calculation dispute with Ngee Ann Development
The SHC in Ngee Ann Development v Takashimaya Singapore  SGHC 194 held that "prevailing market rental value" was determined with reference to the layout and configuration that was actually applied at the premises in question...
WongPartnership LLP, 11 Oct 2016
To infinity and beyond: Where to next for the court’s inherent powers?
This executive summary looks at SHC cases in relation to the court's inherent powers in O 92 r 4 ROC and how far-reaching consequences such powers might have if incorrectly exercised…
Singapore Law Blog, 10 Oct 2016
SCA rules on moneys held in customers' segregated accounts
The SCA in Vintage Bullion DMCC v Chay Fook Yuen  SGCA 49 held that sums deposited by a broker in customer segregated accounts to cover the profits earned by customers that were accrued but not yet due...
Allen & Overy LLP, 10 Oct 2016
SCA explains operation of doctrine of instruments of deception and elements of passing off
The SCA in Singsung v LG 26 Electronics  SGCA 33 held that passing off was shown given that, since the appellant and respondent were competing in the same export jurisdictions and line of products...
Allen & Gledhill, 07 Oct 2016
SHC: Implied covenants in leases
The SHC in Overseas Union Enterprise v Three Sixty Degree  SGHC 71 held that the covenant that a tenant will have quiet enjoyment of the leased premises, and that a landlord will not derogate from the grant of the lease, are to be implied...
Shook Lin & Bok LLP, 06 Oct 2016
SCA considers scope of own name defence under the Trade Marks Act
The SCA in Audience Motivation Company Asia v AMC Live Group China (S)  SGCA 25 held that the respondent could not rely on the own name defence as its use of the “amc” name did not accord with honest practices…
Allen & Gledhill, 05 Oct 2016
Court may order closed-door hearings in proceedings linked to arbitration
The SHC in BBW v BBX (2016) SGHC 190 has held that parties are not entitled to rely on provisions in the International Arbitration Act to apply for in camera proceedings and for sealing orders where the action before the court...
Morgan Lewis Stamford LLC, 04 Oct 2016
SHC sets aside arbitral award for breach of natural justice
The SHC in JVL Agro Industries v Agritrade International  SGHC 126 set aside the award as the arbitral tribunal’s ultimate decision turned on its finding on an issue which JVL did not have the opportunity to present its case on…
Allen & Gledhill, 04 Oct 2016
SGX moves towards allowing dual-class shares
SGX is considering if it should introduce a framework for listing companies with DCS structures, to attract high-quality companies which may not otherwise consider Singapore as a listing venue...
Rajah & Tann, 03 Oct 2016
SHC finds clause in settlement agreement to be a penalty and unenforceable
The SHC in Allplus Holdings v Phoon Wui Nyen  SGHC 144 first construed the nature of the obligation created thereunder, taking into account both the text and context of the settlement agreement…
Allen & Gledhill, 03 Oct 2016
SHC uses inherent powers to stay proceedings against Hanjin
In Re Taisoo Suk  SGHC 195, the SHC granted Hanjin Shipping's application to stay proceedings against it across jurisdictions to accommodate its rehabilitation proceedings. exercising of the court’s inherent power to make any order necessary to...
Rajah & Tann, 30 Sep 2016
SCA dismisses claims based on unlawful means conspiracy and inducing breach of contract
The SCA in Simgood Pte Ltd v MLC Barging  SGCA 46 held that two of the respondents' dishonest conduct was aimed at concealing the state of affairs from the bank and abusing a loan facility amd not targeted or directed at the appellant...
Allen & Gledhill, 29 Sep 2016
Case Review: Allplus Holdings v Phoon Qui Nyuen  SGHC 144
This article summarises the issues raised in Allplus Holdings v Phoon Qui Nyuen  SGHC 144 and suggests that the principles laid down in this case may not be entirely applicable to a situation where a debtor has unconditionally admitted his liability
Law Society of Singapore, 27 Sep 2016
IPOS Case Summary: Beats Electronics, LLC v LG Electronics Inc.  SGIPOS 08 (whether application was made in bad faith and there was a likelihood of confusion)
The IP Adjudicator decided that the two marks in question were more dissimilar than they were similar, and that it cannot be bad faith to make an application to register a mark that is not even similar to an earlier mark belonging to a third party…
Intellectual Property Office of Singapore, 23 Sep 2016
Latest developments: Intellectual property
This executive summary provides the latest update on the "Ku De Ta" dispute, Lassez trade mark infringement, and Singsung product get up pass off…
Baker & McKenzie.Wong & Leow, 20 Sep 2016
Latest developments: Unjust enrichment; debt capital markets; family law
This executive summary features the cases Singapore Swimming Club v Koh Sin Chong Freddie  SGCA 28, BNY Mellon Corporate Trustee Service Limited v LBG Capital No 1 Plc  UKSC 29 and TDT v TDS & Anor  SGCA 35…
WongPartnership LLP, 20 Sep 2016
SHC refuses to give weight to witness compellability as a factor in the test for forum non conveniens where the witness in question is the Defendant’s brother
As shown in Mann Holdings v Ung Yoke Hong  SGHC 112, in the context of the test for forum non coveniens, the courts not consider the legal non-compellability of foreign witnesses in isolation, but will take into account practical considerations...
Shook Lin & Bok LLP, 19 Sep 2016
SCA: Promissory note holders not bound by arbitration clause in underlying contract
The SCA in Rals International v Cassa di Risparmio di Parma e Piacenza  SGCA 53 held that the assignee’s claim based on a number of promissory notes did not fall within the scope of the arbitration agreement in the Supply Agreement...
Drew & Napier LLC, 19 Sep 2016
SHC affirms that shareholders do not have the automatic right to obtain a company’s financial information
The SHC in Ezion Holdings v Teras Cargo Transport  SGHC 175 clarified that shareholders only have the limited right to obtain audited financial statements of the company at the company’s Annual General Meeting…
Providence Law Asia LLC, 15 Sep 2016
IPOS Case Summary: Consolidated Artists B.V. v The Faceshop Co., Ltd  SGIPOS 07 (irregularity in procedure not detrimental to the interests of any person or party may be corrected as directed by Registrar)
The Registrar decided that while the content of the different versions of the Applicants’ evidence was not identical, the main thrust of the evidence had remained largely intact, and that any detriment suffered by the Opponent can be compensated...
Intellectual Property Office of Singapore, 15 Sep 2016
SCA clarifies the standard of care owed by employers to former employees when providing references
The SCA in Ramesh s/o Krishnan v AXA Life Insurance Singapore  SGCA 47 lays down the standard of care in Singapore for an employer preparing a reference in respect of a former employee…
Baker & McKenzie.Wong & Leow, 14 Sep 2016
Applications against network service providers for discovery of subscriber details – ongoing developments
This executive summary looks at the recent application by QOTD Film Investments and Fathers & Daughters Nevada LLC to seek the NSPs' customer information…
Baker & McKenzie.Wong & Leow, 07 Sep 2016
There is currently no update in this section. Please check back soon for the latest updates.
Uber drivers and the gig economy – Determining the employment status of workers
This executive summary examines the UK Employment Tribunal’s decision that Uber drivers are workers entitled to minimum wage and holiday pay, and the potential impact on the Singapore on-demand and gig industry...
Rajah & Tann, 05 Dec 2016
Singapore announces mandatory retrenchment notifications
This executive summary looks at MOM's new requirement for employers to submit Retrenchment Notification Forms should 5 or more employees be retrenched within a six-month period…
Morgan Lewis Stamford LLC, 02 Dec 2016
Liability of an internet subscriber for acts of copyright infringement over the internet
This executive summary examines the case of copyright infringement for internet subscribers who downloaded the movie "Dallas Buyers Club" and their liabilties, along with recourse for rights owners…
Dentons Rodyk & Davidson LLP, 02 Dec 2016
SGX launches two initiatives to help Trading Members detect and stop market misconduct
This executive summary looks at the first release of the Trade Surveillance Handbook and the Surveillance Dashboard that trading members can incorporate into their surveillance programmes to prevent, detect and halt market malpractices...
Allen & Gledhill, 25 Nov 2016
MAS revises Guidelines on the Regulation of Clearing Facilities
This executive summary highlights aspects of the Guidelines, including the regulatory regime, obligations, business rules and clearing fees of clearing facilities…
Allen & Gledhill, 24 Nov 2016
Changes to Singapore’s copyright regime
This executive summary higlights the timely review of Singapore’s copyright law which sought to re-calibrate the balance between fostering creativity and innovation and allowing greater public access to copyright works…
Lee & Lee, 23 Nov 2016
Entering the Sandbox – Guidelines released for FinTech entrepreneurs and entities
This executive summary looks at clarifying MAS’ expectations on applications to the Sandbox, allow flexibility in approach and criteria, and provide transparency into the process...
Dentons Rodyk & Davidson LLP, 21 Nov 2016
MAS reviews mandatory audit firm rotation for local banks and consults on proposed changes
This move underscores the primary responsibility of local banks’ audit committees in ensuring the independence, objectivity and high quality of external audit…
Allen & Gledhill, 21 Nov 2016
MOM: EP holders are required to seek MOM approval prior to appointment to the Board of Directors of another company
This executive summary looks at the update on MOM's website on appointing external EP holders to the Boards of Directors...
Baker & McKenzie.Wong & Leow, 18 Nov 2016
Singapore endorses third-party litigation finance
It follows Hong Kong’s similar decision but Singapore has leapfrogged HK in going down this route...
18 Nov 2016
Shareholder activism and how it may affect your loans – A practical guide for lenders
This executive summary looks at guidance for lenders on the key issues to consider when dealing with a corporate with multiple shareholders, including minority shareholders…
Shook Lin & Bok LLP, 17 Nov 2016
Latest developments: Technology, media and telecommunications
This executive summary looks at Q3 2016's key TMT developments such as fintech and cybersecurity in ASEAN and around the world...
Rajah & Tann, 17 Nov 2016
Cybersecurity Act: Launch of Singapore’s Cybersecurity Strategy
The Strategy outlines how Singapore will continue to strengthen the resilience of its cybersecurity: by building a resilient infrastructure, creating a safer cybersafe, developing a vibrant cybersecurity ecosystem, strengthen international partnerships...
Allen & Gledhill, 16 Nov 2016
ACRA issues report on key findings from reviews of FY2014 financial statements under the Financial Reporting Surveillance Programme
Companies were responding positively to measures taken to improve quality financial reporting instituted by ACRA’s FRSP, and rectified financial reporting gaps quickly…
Allen & Gledhill, 11 Nov 2016
Revised CCS guidelines come into force on 1 December 2016
This executive summary sets out an overview of the key changes to the guidelines as presented by the CCS, and briefly highlights other key points businesses should be aware of…
Rajah & Tann, 10 Nov 2016
Diversity Action Committee recommends listed entities implement and disclose diversity policy to raise women’s representation on Boards
The Committee made recommendations including revising the Code of Corporate Governance to specify that entities listed on SGX-ST should disclose their diversity policy (including gender), self-set measurable objectives and progress made in achieving...
Allen & Gledhill, 10 Nov 2016
BREXIT: Potential impact on Singapore’s IP owners
In accordance with the principle of harmonization of laws in the EU, the UK has been obliged to align its IP laws with EU directives and regulations, which will like continue until UK leaves the EU…
Lee & Lee, 09 Nov 2016
MOF and ACRA propose to require companies and LLPs to obtain and maintain beneficial ownership information
The new obligation is proposed following from the recent Financial Action Task Force’s mutual evaluation of Singapore…
Allen & Gledhill, 09 Nov 2016
Making sense of “death spiral” convertibles
This executive summary looks at the hybrid nature of convertible instruments as a form of corporate financing, their risks and pros and cons…
Shook Lin & Bok LLP, 07 Nov 2016
SHC: SOPA takes a backseat - The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of SOPA adjudication
The case of Lim Poh Yeoh v TS Ong Construction Pte Ltd  SGHC 179 poses an exception to the “pay first, argue later” principle…
Dentons Rodyk & Davidson LLP, 04 Nov 2016
Latest developments: Company law, employment law, insolvency, banking and finance, IP
This executive summary looks at some employment law changes, role of independent directors, the status of grant of security in Singapore’s insolvency regime …
Dentons Rodyk & Davidson LLP, 03 Nov 2016
Anti-competitive employment practices: What HR should know
This update higlights examples of potentially anti-competitive HR practices ...
03 Nov 2016
The impact of the UK Insurance Act 2015 on Singapore insurance law and practice
The article examines how the UK Act re-balances the position vis-a-vis insureds and insurers…
03 Nov 2016
SCA: When do you require a specialist builder’s licence for structural steelwork?
The SCA in Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd  SGCA 42 reaffirms the disjunctive reading of s 2(1)(d) BCA…
Dentons Rodyk & Davidson LLP, 02 Nov 2016
Paris agreement to come Into force – What does it mean for you?
The Singapore government is likely to continue to introduce measures compelling businesses to implement more environmentally friendly practices ...
Rajah & Tann, 02 Nov 2016
Singapore-Australia Free Trade Agreement (SAFTA): 3rd Review Completion with New Updates
The updates create new trade rules for goods, increase opportunities for government contracts, provide greater access to the services sector, facilitate investments, improve mobility for business persons and create rules to facilitate trade...
Baker & McKenzie.Wong & Leow, 01 Nov 2016
New SIAC rules 2016: Making arbitration quicker and more efficient
This executive summary highlights the key changes in the SIAC Rules and discusses how they may work in practice…
Law Society of Singapore, 28 Oct 2016
Total Debt Servicing Ratio rules on refinancing fine-tuned with effect from 1 September 2016
MAS has extended the exempted from the TDSR framework to all owner-occupied residential properties, including those bought after the introduction of TDSR, when a borrower refinances his housing loan…
Allen & Gledhill, 28 Oct 2016
IPOS and MinLaw jointly consult on proposed changes to Singapore’s copyright regime
This review seeks to ensure that Singapore’s copyright regime continues to provide an environment that benefits both creators and users by ensuring rights that are reasonable, clear and capable of being efficiently transacted…
Allen & Gledhill, 27 Oct 2016
MOM announces scrutiny on triple-weak companies
Companies are encouraged to review their HR practices to ensure compliance with the Tripartite Guidelines on Fair Consideration Framework...
Rajah & Tann, 26 Oct 2016
SIAC publishes average cost and duration of arbitrations
This executive summary looks at how SIAC arbitrations may provide faster dispute resolution than LCIA arbitrations.
Morgan Lewis Stamford LLC, 26 Oct 2016
Legal developments: Intellectual property
This executive summary focusses on design rights, passing off, trade marks, blocking users from accessing websites selling counterfeit goods…
WongPartnership LLP, 21 Oct 2016
MAS proposes change to the industry-wide borrowing limit for unsecured credit
MAS intends for the borrowing limit to be reduced from a Balance-to-Income ratio of 24 times as at present to a BTI ratio of 12 times…
Shook Lin & Bok LLP, 19 Oct 2016
SIC issues guidance on lodging take-over or merger documents in electronic form and payment of lodgement fees
All public announcements made and all documents bearing on a take-over or merger transaction, disclosure of dealings to the SIC and confirmations by the financial adviser should be lodged with or submitted to SIC in electronic form only…
Allen & Gledhill, 19 Oct 2016
CCS investigates online food delivery industry: Exclusive agreements continue to be of focus and possibly problematic in future
While an online food delivery provider has stopped introducing exclusive agreements with restaurants after CCS commenced the investigation, other providers have been using such agreements to gain market share…
Allen & Gledhill, 18 Oct 2016
CCS clears proposed acquisition of real property relating to production of asphalt premix in Singapore
CCS concluded that the proposed acquisition is unlikely to substantially lessen competition in the relevant market, that of the production of asphalt premix, and therefore will not infringe s 54 Competition Act...
Allen & Gledhill, 14 Oct 2016
MAS establishes FinTech Innovation Lab
The Lab will allow MAS to experiment FinTech solutions with financial institutions, start-ups, and technology vendors, facilitate consultations for start-ups by industry experts on areas of interest such as legal, regulation, and business-related matters
Allen & Gledhill, 13 Oct 2016
Margin requirements for non-centrally cleared OTC derivatives: Implementation deferred beyond 1 September 2016
Taking into account cross-border coordination issues as well as the level of industry preparedness, MAS concluded that deferring the implementation would be the most practical course of action…
Allen & Gledhill, 11 Oct 2016
Christopher Bathurst Essay Prize: Winning submissions
This executive summary presents the three winning entries to 2016 Christopher Bathurst Essay Prize. The questions posed concerned the enforcement of an arbitral award…
Singapore Academy of Law, 12 Oct 2016
IPOS postpones date for closure of foreign route
Patent applications with a date of filing and all divisional patent applications with a lodgement date on or after 1 January 2020 will not be eligible to proceed under the foreign route…
Allen & Gledhill, 06 Oct 2016
ASAS Publishes Social Media Marketing Guidelines – Influencers to Disclose Sponsorships
The aim of the Guidelines is to set ethical standards of conduct for digital marketing communications, with a particular focus on social media marketing…
Rajah & Tann, 04 Oct 2016
The use of social media and internet message boards to effect substituted service in Singapore
This article discusses various jurisdictions’ position on substituted service through social media and, in particular, the Singapore position through Storey  SGHCR 7. It also evaluates the growing role and potential risks of such electronic means...
Law Society of Singapore, 26 Sep 2016
MOM to raise Employment Pass qualifying salary with effect from 1 January 2017
The qualifying salary for Employment Pass applications will be raised from S$3,300 to S$3,600 to keep pace with rising local wages and help maintain the quality of the foreign workforce and enhances their complementarity to the local workforce…
Allen & Gledhill, 22 Sep 2016
Suspicious transaction reports and the Indonesia tax amnesty
Under the tax amnesty contemplated under Tax Law 11/2016, participating taxpayers would have their tax liabilities, including administrative and criminal sanctions, waived upon payment of a redemption charge…
Rajah & Tann, 22 Sep 2016
CCS clears proposed joint venture relating to aircraft maintenance
Although the JV parties’ activities overlap in maintenance, repair and overhaul services, CCS found that the proposed JV was unlikely to substantially lessen competition…
Allen & Gledhill, 21 Sep 2016
Latest developments: Banking and finance, tax, M&A, IP, trust, real estate
This executive summary looks at the revised listings due diligence guidelines issued by the Association of Banks in Singapore, remission on stamp duty on certain conveyance directions, the UKSC Trunki case, Kuntjoro Wibawa v Harianty Wibawa  SGHC...
Dentons Rodyk & Davidson LLP, 16 Sep 2016
Public consultation on proposed changes to Singapore's copyright regime
Ministry of Law and IPO's public consultation on proposed changes to the copyright regime where rights are:reasonable, clear and efficiently transacted…
Baker & McKenzie.Wong & Leow, 16 Sep 2016
MAS responds to feedback on proposed remote clearing membership framework
The proposed regulatory framework would allow overseas clearing members to directly clear their trades with Singapore-based central clearing counterparties thus encouraging a greater diversity of clearing members...
Allen & Gledhill, 15 Sep 2016
ASAS issues Interactive Marketing Communication & Social Media Advertising Guidelines
ASAS has also released guidance notes to complement the Guidelines. These guidance notes help to clarify what arrangements require disclosure, and also set out recommended formats for such disclosures…
Baker & McKenzie.Wong & Leow, 15 Sep 2016
Proposed payments framework and establishment of National Payments Council
MAS is proposing to streamline the Money-Changing and Remittance Businesses Act and Payment Systems (Oversight) Act to create a single piece of legislation that is more calibrated, flexible and forward looking…
WongPartnership LLP, 13 Sep 2016
SGX consults on refinements to the minimum trading price framework
Issuers will therefore be placed on the Watch-List if their volume-weighted average price is less than S$0.20 and their average market capitalisation is less than S$40 million over the six months preceding each review date…
WongPartnership LLP, 09 Sep 2016
All in good faith: Recognising the doctrine of good faith in Singapore’s international sales law
This commentary discusses the interpretation of the doctrine of good faith in international sales contracts by the courts…
Singapore Law Blog, 09 Sep 2016
Latest developments: Healthcare
This executive summary summarises issues relating to the health care industry including consumer complaints to CASE against the beauty industry, AVA recall of buuble milk tea from Taiwan...
Baker & McKenzie.Wong & Leow, 09 Sep 2016
Private wealth planning – Why Singapore
The presence of tax information exchange agreements attract the wealthy to Singapore to leverage the country’s system and structures to house and protect their wealth…
Shook Lin & Bok LLP, 07 Sep 2016
Powering the innovation cycle through intellectual property
Businesses will need the relevant expertise, including legal and accounting expertise, to help them translate their innovations and IP into a strong competitive edge and market share…
Ministry of Law, 07 Sep 2016
Personal liability for false declarations in work pass applications – recent spate of prosecutions
This executive summary looks at the spate of convictions of directors, under which the directors have incurred personal liability for false salary declarations in relation to work pass applications…
Drew & Napier LLC, 06 Sep 2016
[CHN] Cyber Security Law
This executive summary higlights the CSL that governs cyber security operators and providers, as well as critical information infrastructure operators…
WongPartnership LLP, 25 Nov 2016
[GBR] Brexit: Parliamentary approval required for UK to leave the EU
The English High Court has decided in R (oao Miller) v DExEU  EWHC 2768 (Admin) that the Government needs prior authorisation from Parliament to give the Art 50 notice that will start the process of the UK leaving the EU...
Clifford Chance, 10 Nov 2016
[CHN] Opening the gates to the Great Wall — Abolishment of approvals for establishment and changes for most foreign invested enterprises
Amendments to PRC Wholly Foreign Owned Enterprise Law, PRC Sino-Foreign Equity Joint Venture Law, PRC Sino-Foreign Cooperative Joint Venture Law and PRC Law for Protection of Investment from Taiwan include changes to certain approvals...
WongPartnership LLP, 01 Nov 2016
[GBR] UKSC restates the law regarding illegal transactions by overruling reliance test
The UKSC in Patel v Mirza  UKSC 42 held that an illegal arrangement did not operate as a defence to a claim of restitution; the court will consider a few factors to assess whether enforcing a claim would be contrary to the public interest...
Allen & Gledhill, 25 Oct 2016
[CHN] PRC publishes second draft of cybersecurity law
The Draft Cybersecurity Law contains a series of obligations of businesses operating in the PRC technology sphere, namely, technology equipment restrictions, obligations imposed on network operators and obligations imposed on critical information infra...
Rajah & Tann, 20 Oct 2016
[INT] Competition bites – ASEAN and beyond
This executive summary looks at the multiple infringement decisions issued across different regulators as well as fresh investigations being launched in a varied range of industries...
Rajah & Tann, 19 Oct 2016
[HKG] Arbitral award set aside in rare Hong Kong judgment
The Hong Kong Court of First Instance has set aside a Hong Kong seated HKIAC arbitral award on the basis that the Respondent was not given proper notice or able to present his case…
Clifford Chance, 14 Oct 2016
[GBR] English High Court allows recovery of third party funding costs in ICC arbitration proceedings
In Essar Oilfield Services v Norscot Rig Management, the third party funding costs payable on success were found to be recoverable in addition to the legal costs as "other costs" by the sole arbitrator...
DLA Piper, 11 Oct 2016
[EU] An arsenal of data protection and cybersecurity rules from the European Union
The EU implemented three key regulations relating to data protection/cybersecurity comprising: the EU General Data Protection Regulations, EU-US Privacy Shield and Directive on Security of Network and Information Systems...
WongPartnership LLP, 07 Oct 2016
AMVESINDO and SVCA announce formation of ASEAN venture council
The Singapore Venture Capital & Private Equity Association and the Asosiasi Modal Ventura Untuk Start-Up Indonesia created the ASEAN Venture Council promote the venture capital industry within the ASEAN region…
Morgan Lewis Stamford LLC, 21 Sep 2016
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