26 May 2013

Singapore Law Watch

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Commentary

FROM THE SUPREME COURT (exclusive to SLW)

Supreme Court Note: Chan Kin Foo v City Developments Ltd [2013] SGHC 61 (no case that collective sale was unconstitutional)
The SHC clarified that there was no prima facie case that a collective sale could be unconstitutional for discriminating against the minority strata title holders.
Supreme Court, 23 May 2013
Supreme Court Note: Re Caplan Jonathan Michael QC [2013] SGHC 75 (ad hoc admission of foreign senior counsel)
The SHC clarified the statutory framework for the ad hoc admission of foreign senior counsel in criminal, family and constitutional and administrative law cases.
Supreme Court, 22 May 2013
Supreme Court Note: Singapore Professional Golfers’ Association v Chen Eng Waye [2013] SGCA 18 (non-commercial association’s goodwill and the relevant public)
The SCA affirmed that the tort of passing off, although often associated with goodwill of traders, does protect the goodwill of non-commercial organisations.
Supreme Court, 21 May 2013
Supreme Court Note: Orchard Central Pte Ltd v Cupid Jewels Pte Ltd [2013] SGHC 46 (Distress Act ss 8(d), 12(a))
The SHC considered the interpretation of s 8(d) and s 12(a) of the Distress Act.
Supreme Court, 17 May 2013
Supreme Court Note: PP v Rosli bin Yassin [2013] SGCA 21 (accounting for time spent in remand)
The SCA held that it may take into account the time spent in remand in determining the appropriate length of a preventive detention sentence.
Supreme Court, 16 May 2013
Supreme Court Note: PP v Shaik Alaudeen s/o Hasan Bashar [2013] SGHC 44 (exercise of revisionary powers to amend charge)
The SHC held that the test of prejudice adopted in deciding whether to amend a charge on appeal did not constrain the court’s discretion in exercising its revisionary powers to amend a charge...
Supreme Court, 15 May 2013
Supreme Court Note: Nim Minimaart v Management Corporation Strata Title Plan No 1079 [2013] SGHC 53 (practice point on bills of costs)
The SHC made some practical observations on the level of detail to be included in bills of costs presented for taxation...
Supreme Court, 08 Apr 2013
Supreme Court Note: Lam Hwa Engineering & Trading Pte Ltd v Yang Qiang [2013] SGHC 42 (travel expenses for trial recoverable as disbursements)
The SHC held that a litigant was entitled to recover travel expenses which were necessarily incurred for the purposes of attending court as a witness.
Supreme Court, 05 Apr 2013
Supreme Court Note: Zhu Yong Zhen v AIA Singapore Private Limited [2013] SGHC 37 (proving publication in internet defamation)
This case emphasises the need to prove the element of publication in claims for internet defamation...
Supreme Court, 04 Apr 2013
Supreme Court Note: Out of the Box Pte Ltd v Wanin Industries Pte Ltd [2013] SGCA 15 (remoteness of damage in contract)
The SCA provided a framework to analyse questions of remoteness of damage: the facts that bore upon the specific damages claimed by the plaintiff and and the circumstances in which those facts were brought home to the defendant...
Supreme Court, 03 Apr 2013
Supreme Court Note: Ng Kiam Bee v Ng Bee Eng [2013] SGHC 31 (amending or setting aside consent judgments)
The SHC made the practical observation that O 20 r 11 ROC does not permit a party to amend a consent judgment because of alleged vitiating factors. The party should start a new action and prove that there are vitiating factors to warrant setting aside...
Supreme Court, 02 Apr 2013
Supreme Court Note: Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16 (sovereign immunity, act of State and interim injunction under s 12A International Arbitration Act)
The issue before the SCA was whether an interim injunction restraining a government-related entity from taking certain actions to regain control of the national airport could and should be granted by the supervisory court of the arbitration...
Supreme Court, 01 Apr 2013
Supreme Court Note: Sculptor Finance (MD) Ireland Ltd v Media Development Authority of Singapore [2013] SGHC 23 (s137 Companies Act)
The SHC held that the chargee did not need leave of court to bring the application as the application was not a proceeding against the company or its property within the meaning of s 227C of the Companies Act.
Supreme Court, 28 Mar 2013
Supreme Court Note: Global Distressed Alpha Fund I Limited Partnership v PT Bakrie Investindo [2013] SGHC 12 (setting aside the registration of foreign judgment)
The SHC considered the grounds for the setting aside of a registration of a foreign judgment under s 3(1) and s 3(2)(f) of the Reciprocal Enforcement of Commonwealth Judgments Act.
Supreme Court, 28 Mar 2013
Supreme Court Note: Ang Thiam Swee v Low Hian Chor [2013] SGCA 11 (s 216A of the Companies Act)
The SCA clarified the concept of good faith under s 216A(3)(b) of the Companies Act (Cap 50, 2006 Rev Ed).
Supreme Court, 28 Mar 2013
Supreme Court Note: Tong Seok May Joanne v Yau Hok Man Gordon [2012] SGHC 252 (informed consent in medical negligence cases)
The SHC confirmed the applicable legal test in Singapore to determine whether a doctor is negligent in the giving of medical advice.
Supreme Court, 28 Feb 2013
Supreme Court Note: Profindo Pte Ltd v Abani Trading Pte Ltd [2013] SGHC 10 (impact of disrupted discharge operation on laytime in cost and freight contract)
The SHC held that laytime continued to run in a cost and freight sale contract even when the discharge operation was unexpectedly disrupted.
Supreme Court, 27 Feb 2013
Supreme Court Note: Lim Chin San Contractors Pte Ltd v Shiok Kim Seng [2013] SGCA 6 (appropriate remedy to satisfy equity)
The SCA held that the assessing court was bound by the principles laid by the trial court with regard to the assessment of damages.
Supreme Court, 26 Feb 2013

LEGISLATION

Personal Data Protection Act 2012: Launch of the Personal Data Protection Commission & Do Not Call Registry Public Consultation
The PDPC seeks views on the methods that organisations may use to access and submit their list of telephone numbers that need to be checked against the registry...
Rajah & Tann, 22 May 2013
Companies (Amendment) Bill 2013: Public consultation on draft Bill
The consultation is to seek public feedback on the manner in which the Steering Committee's recommendations are reflected in the Bill, and any operational or practical considerations in implementing the Bill's provisions...
Rajah & Tann, 17 May 2013
Housing Developers (Control and Licensing) (Amendment) Bill 2013: Promoting transparency in the property market
The Bill aims to provide home-buyers with additional safeguards by improving the quality of information on housing developments and sale of housing units and requiring housing developers to keep to higher standards of accountability and professionalism...
Allen & Gledhill, 16 May 2013
Child Development Co-Savings (Amendment) Bill 2013: Extended maternity protection and new paternity leave
The Bill introduces new benefits including paid paternity leave and paid extended childcare leave…
Allen & Gledhill, 15 May 2013
Personal Data Protection Act 2012: Statutory bodies exempted from portions of the Act
The Personal Data Protection (Statutory Bodies) Notification 2013 lists 66 statutory bodies which are exempted from the application of the main personal data protection rules in the PDPA...
Allen & Gledhill, 14 May 2013
Legislative changes affecting regulation of closed-end funds, and content and filing requirements for information memoranda for s 305 offerings
Securities and Futures (Closed-End Fund) (Excluded Arrangements) Notification 2013 and Securities and Futures (Offers of Investments) (Collective Investment Schemes) (Amendment) Regulations 2013 were issued...
Allen & Gledhill, 10 May 2013
Payment Systems (Oversight) (Amendment) Act 2013 in force from 28 March 2013: Strengthening MAS oversight and alignment with international standards
The Amendment Act strengthens the oversight of the Monetary Authority of Singapore over designated payment systems and to align Singapore’s payments regulations with leading international standards...
Allen & Gledhill, 09 May 2013
Financial Holding Companies Bill 2013: Establishing regulatory framework for financial holding companies - Update
The Bill was introduced to establish the regulatory framework for FHCs and to support effective prudential oversight of FHC groups by the MAS…
Allen & Gledhill, 08 May 2013
Insurance (Corporate Governance) Regulations 2013 and revised MAS guidelines on corporate governance: New requirements for insurers
The Regulations are effective from 4 April 2013 and locally-incorporated direct insurers and reinsurers have up to 4 May 2013 to comply with the Regulations...
Allen & Gledhill, 07 May 2013
Companies Act reforms
This executive summary gives the background to the review of the Act and highlights some key proposed amendments as it goes through the legislative process...
Colin Ng & Partners, 19 Apr 2013
Monetary Authority of Singapore (Amendment) Bill 2013: Enhancing regulatory framework for resolution of financial institutions
The Bills enhance and expand the powers of the MAS to exercise control over and provide for the resolution of distressed or insolvent financial institutions…
Allen & Gledhill, 17 Apr 2013
Allied Health Professions Act: Latest amendments
The purposes of the Act is to regulated the conduct and practice of allied health professionals, facilitate the registration of AHPs and establish a regime for investigation and discipline of AHPs…
Drew & Napier LLC, 16 Apr 2013
Insurance (Amendment) Bill 2013: Enhancing MAS supervisory power
The Bill will amend the Insurance Act to enable the MAS to meet its supervisory objectives more effectively, improve the clarity of existing policy positions, align the IA with other MAS administered Acts…
Allen & Gledhill, 16 Apr 2013
Stamp Duties Act: Enhanced stamp duty concession under M&A Scheme and other changes
Amendments to the Act include extension of stamp duty relief under the M&A Scheme to acquisitions carried out through multiple tiers of entities, clarification that stamp duty is not chargeable on a conveyance on sale of any type of property...
Allen & Gledhill, 15 Apr 2013
Employment Act: MOM issues response to feedback to consultation paper on proposed amendments
The key feedback received includes application of the Act to more employees, greater protection to PMEs, among others…
Allen & Gledhill, 10 Apr 2013
Child Development Co-Savings (Amendment) Bill 2013 introduced in Parliament
The Bill introduces paid extended childcare leave and paternity leave, in support of a pro-family environment in Singapore...
Allen & Gledhill, 08 Apr 2013
Personal Data Protection Act 2012: Public consultation on proposed regulations and advisory guidelines
The purpose of the regulations and advisory guidelines is to assist organisations comply with the PDPA as it comes into force in phases from 2014…
Allen & Gledhill, 03 Apr 2013
Employment Act: Proposed changes
This update summarises the proposed changes pertaining to extending the coverage of the Act, improving employment standards and benefits for employees, and reducing rigidity and augmenting flexibility for employers...
Rajah & Tann, 26 Mar 2013
The Computer Misuse Act and cyber attacks
Amendments were made to the Computer Misuse Act to widen the powers given to the Government to take more effective and timely measures to prevent, detect and counter cyber attacks that may threaten Singapore’s national security...
Rodyk & Davidson, 26 Mar 2013
Financial Holding Companies Bill 2013: Establishing regulatory framework for financial holding companies
The Bill provides for various aspects of financial holding companies including information submission requirements, changes in shareholding and control, exposure limits, and minimum asset and capital requirements...
Allen & Gledhill, 15 Mar 2013
Insurance (Amendment) Bill 2013: Enhancing MAS supervisory power, redefining "carrying on insurance business"
The Bill seeks to enable the Monetary Authority of Singapore to meet its supervisory objectives more effectively, improve the clarity of existing policy positions, align Act with other MAS-administered Acts, enhance the penalties for certain offences...
Allen & Gledhill, 13 Mar 2013
Public consultation on proposed Personal Data Protection Regulations and advisory guidelines
The proposed Regulations cover the access and correction of personal data, transfers of personal data outside of Singapore, individuals’ rights and obligations under the PDPA...
Drew & Napier LLC, 12 Mar 2013
Housing Developers (Control and Licensing) Act Amendment Bill promotes transparency in the property market
The proposed amendments concern the setting up of show units, the collection and publication of more comprehensive and timely information on the transacted prices of private residential properties, tighter criteria for the granting of licences to...
Allen & Gledhill, 12 Mar 2013
Casino Control (Amendment) Act 2012: Strengthening law enforcement and broadening framework for social safeguards
The amendments to the Act look to enhance the provisions for effective gaming regulation, strengthen law enforcement levers to deal with casino-related crime, broaden the framework of social safeguards to further protect the financially vulnerable...
Allen & Gledhill, 11 Mar 2013
Consumer Protection Regulations: MTI consults on proposed changes to enhance protection for timeshare and other related contracts
The proposed amendments to the Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations concern the cooling-off period and product information on timeshares and holiday clubs...
Allen & Gledhill, 11 Mar 2013

JUDGMENTS

SHC considers whether assets of company made insolvent in Singapore can be transferred to German liquidator
The SHC in Beluga Chartering GmbH [2013] SGHC 60 considered whether Singapore liquidators of Singapore-registered subsidiary companies were able to repatriate the applicant’s Singapore assets to Germany, where Beluga Chartering was incorporated...
Allen & Gledhill, 15 May 2013
SHC grants leave for action under section 216A of Companies Act to 50% shareholder
In granting the application, the SHC in Kwee Lee Fung Ivon [2013] SGHC 65 made it clear that an applicant who acts out of self-interest need not be lacking in good faith so long as that self-interest coincides with the interests of the company...
Allen & Gledhill, 14 May 2013
Singapore positions itself to become a Global IP Hub in Asia
This executive summary traces the latest IP developments including the IP Hub Master Plan, Hai Tong Co [2013] SGCA 26, Singapore Professional Golfers’ Assocation [2013] SGCA 18 and IPOS' Trilateral List of Goods and Services for TM applications...
Baker & McKenzie.Wong Leow, 13 May 2013
SFA and FAA: Enhancing civil remedies for market misconduct and refinement of false trading and market rigging provisions
Some of the changes include extending MAS’ power to revoke licences and impose prohibition orders and extending civil liability to the financial adviser’s obligations to furnish product information to investors, among others...
Allen & Gledhill, 13 May 2013
Latest developments: SOP Regulations; dafamation; trusts and estoppel
This executives summary looks at Australian Timber Products v A Pacific Construction & Development [2013] SGHC 56; Tamiz v Google [2013] EWCA Civ 68; Chng Bee Kheng v Chng Eng Chye [2013] SGHC 48...
WongPartnership LLP, 09 May 2013
Competition Appeal Board dismisses most grounds of appeal by modelling agencies
The CAB reduced the total financial penalty for the five agencies taking the view that the modelling industry in Singapore is a “high turnover, low margin” industry…
Drew & Napier LLC, 06 May 2013
SHC: Pre-action interrogatories and discovery in World Sport Group v Dorsey [2013] SGHC 78
This case illustrates how pre‐action interrogatories may be deployed to unmask the anonymity of the sources of information posted online…
Rajah & Tann, 03 May 2013
Restraint of trade: Freedom to contract v freedom to trade in the free trade world
This executive summary looks at the use of restraint of trade clauses in the context of fast growing industry and freedom of contract, especially where commercial interests are sought to be protected within reasonable limits...
Law Society of Singapore, 03 May 2013
SHC: Misrepresentation, fiduciary duty and negligence - Investor scores rare win in Deutsche Bank v Chang Tse Wen [2012] SGHC 248
The SHC in Deutsche Bank v Chang Tse Wen [2012] SGHC 248 dealt with the bank's argument that a contract clause estopped the plea of misrepresentation...
Law Society of Singapore, 30 Apr 2013
SCA: Amenability to judicial review: Manjit Singh v Attorney-General [2013] SGCA 22
The SCA lays down what appears to be a clear framework of analysing the issue of amenability to judicial review...
Law Society of Singapore, 26 Apr 2013
Anti-poaching agreements – prohibited under law? Consideration of similar issues from a Singapore context
This executive summary looks at the 2010 US Department of Justice case against six hi-tech companies for entering into separate, bilateral non-solicitation agreements, and possible similar issues in the Singapore context…
Rajah & Tann, 25 Apr 2013
Competition assessment of the industrial property market in Singapore: CCS decides that no immediate action is necessary
The CCS published a paper reviewing industry practices and regulations in the industrial property market in Singapore from 2002 to Q1 2012 that may hamper or distort competition…
Drew & Napier LLC, 18 Apr 2013
Latest developments: Personal Data Protection Act; Financial Advisory Industry Review Panel; eSys Technologies Pte Ltd [2013] SGCA 27
This executive summary looks at the PDPA which will come into effect in phases, the MAS consultation on the recommendations of the FAIR Panel and eSys Technologies Pte Ltd v nTan Corporate Advisory Pte Ltd [2013] SGCA 27...
Stamford Law Corporation, 12 Apr 2013
SCA considers action for passing off against limited SCA liability partnership and personal liability of partners
The SCA in The Singapore Professional Golfers’ Association v Chen Eng Waye [2013] SGCA 18 found that the tort of passing off was established and considered the liability that this gave rise to in relation to the parties concerned…
Allen & Gledhill, 12 Apr 2013
Latest developments: Corporate governance - Ang Thiam Swee v Low Hian Chor [2013] SGCA 11
This executive summary looks Ang Thiam Swee v Low Hian Chor [2013] SGCA 11, Ang Thiam Swee v Low Hian Chor [2013] SGCA 11 and regulatory developments in Australia, UK and Europe…
WongPartnership LLP, 12 Apr 2013
HKL v Rizq International: A pathological arbitration clause case update
The SHC in HKL Group [2013] SGHCR 8 decided to retain the condition that "parties obtain agreement of the SIAC or any other arbitral institution in Singapore to conduct a hybrid arbitration applying the ICC rules"...
Olswang, 11 Apr 2013
Singapore fines 12 motor vehicle traders for bid-rigging at public auctions
CCS found that the 12 traders suppressed bids at the agencies’ public auctions of motor vehicles by entering into an agreement to refrain from bidding against each other over a period of three years...
Drew & Napier LLC, 08 Apr 2013
SHC stays court proceedings in favour of arbitration despite arbitration clause referring dispute to non-existent institution
The SHC in HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5 stayed court proceedings in favour of arbitration proceedings, despite a defective, clause giving primacy to the decision of the parties to arbitrate...
Allen & Gledhill, 05 Apr 2013
SCA provides guidance on when injunction may be granted against foreign sovereign State and rules on interpretation of section 12A(4) of IAA
The decision in Maldives Airports Co Ltd [2013] SGCA 16 is instructive for its guidance on the question of whether the Singapore courts have jurisdiction to grant an injunction against the government of a foreign sovereign State...
Allen & Gledhill, 04 Apr 2013
Latest developments: Sculptor Finance [2013] SGHC 23; Prevention of Corruption Act; Cheo Sharon Andriesz [2013] SGCA 8
This executive summary looks at recent cases in the areas of banking and finance, corruption and insolvency...
WongPartnership LLP, 02 Apr 2013
The death penalty and the desirability of judicial discretion
This executive summary explores many of the problems associated with granting judges a complete discretion in deciding whether or not to impose the death penalty for certain murder offences...
Law Society of Singapore, 02 Apr 2013
SCA: Small differences will not always be sufficient to distinguish one mark from a primarily descriptive mark
The SCA in The Singapore Professional Golfers’ Association v Chen Eng Waye [2013] SGCA 18 found that the respondents’ had used the name “Singapore Senior PGA LLP” and the initials “SSPGA” without unauthorisation...
Baker & McKenzie.Wong Leow, 01 Apr 2013
SHC: Controlling the use of investment funds - Tembusu Growth Fund Ltd v Actatek, Inc [2013] SGHC 2
Tembusu Growth Fund Ltd v Actatek, Inc and others [2013] SGHCR 2 emphasises the importance of ensuring that both the Manner of Use clause and the Manner of Use Document are recognised as integral to the investment agreement...
Rodyk & Davidson, 25 Mar 2013
Does an agreement on the division of assets made in contemplation of separation override the law as set out in the Women’s Charter?
This executive summary looks at the general principles which guides the court with regard to the division of matrimonial assets as provided for in s 112 Women’s Charter...
Colin Ng & Partners, 21 Mar 2013
SCA overturns injunction over Maldivian airport
The SCA in Maldives Airports Co Ltd [2013] SGCA 16 held that the Singapore courts had the power to grant an injunction against a foreign state, but it chose not to exercise its discretion to do as the balance of convenience lay in favour of cancelling...
Rajah & Tann, 20 Mar 2013
Locus Standi in Judicial Review: Two Roads Diverge in a Singapore Wood
This article will describe the SCA’s attempt to unify the standing requirements for judicial review, specifically Tan Eng Hong v Attorney-General [2012] 4 SLR 476...
Law Society of Singapore, 13 Mar 2013
SCA considers requirements for derivative action under s 216A Companies Act
The SCA in Ang Thiam Swee v Low Hian Chor [2013] SGCA 11 clarified the law on the requirement of good faith for the purposes of applications for derivative action under s 216A Companies Act...
Allen & Gledhill, 08 Mar 2013
SHC holds that enforcement of a foreign judgment may be refused if the debtor has no assets in the jurisdiction or if the judgment breaches international comity
The SHC in Global Distressed Alpha Fund I Limited Partnership v PT Bakrie Investindo [2013] SGHC 12 was asked to set aside an order registering an English judgment on the grounds that the debtor did not appear to have any assets in the jurisdiction and...
Baker & McKenzie.Wong Leow, 07 Mar 2013
CCS clears proposed acquisition relating to semiconductor device DRAM integrated circuits
The CCS concluded that the proposed acquisition, if carried into effect, would not give rise to a substantial lessening of competition in any market in Singapore, and accordingly would not infringe s 54 Competition Act...
Allen & Gledhill, 06 Mar 2013

SLW COMMENTARY

Connecting the dots: The utility of pre-action interrogatories - World Sport Group v Dorsey [2013] SGHC 78
The SHC expressed their opinion regarding the grant of pre-action discovery and/or interrogatories in the interests of justice, highlighting the employment of such pre-commencement applications for potential plaintiffs in a wide variety of situations...
Singapore Law Watch, 06 May 2013
Jurisdiction, power, inherent jurisdiction, and inherent power: Re Nalpon Zero Geraldo Mario [2013] SGCA 28
The SCA had to ask if any statute had conferred jurisdiction on the court to give leave for an investigation to be made into a complaint against the prosecution, to be heard on appeal, and whether it could rely on its limited inherent jurisdiction...
Singapore Law Watch, 03 May 2013
Defining an “interlocutory application”: OpenNet Pte Ltd v IDA [2013] SGCA 24
The SCA's pronouncement in OpenNet Pte Ltd v IDA [2013] SGCA 24 on the interpretation of the phrase "interlocutory application" was important. especially with reference to Fifth Sch sub-para (e) Supreme Court of Judicature Act...
Singapore Law Watch, 29 Apr 2013
Clarification on leave to appeal regime in respect of interlocutory matters: OpenNet Pte Ltd v Info-Communications Development Authority of Singapore [2013] SGCA 24
The judgment of the SCA gives the first written opinion since the amendments to the Supreme Court of Judicature Act came into effect and provides guidance on how the revised legislative framework should operate...
Singapore Law Watch, 11 Apr 2013
Endeavouring to decipher the meaning of an “all reasonable endeavours clause”: BR Energy (M) Sdn Bhd v KS Energy Services Ltd [2013] SGHC 64
The SHC in BR Energy (M) Sdn Bhd v KS Energy Services Ltd [2013] SGHC 64 found that the defendant had breached an “all reasonable endeavours” clause...
Singapore Law Watch, 01 Apr 2013
Interim relief in aid of arbitration against a sovereign: Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16
In Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16, the SCA discharged an interim injunction in aid of arbitration granted by the High Court against, inter alios, the Government of the Republic of Maldives.
Singapore Law Watch, 22 Mar 2013
Clear waters on claims to sovereign immunity: Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16
The SCA unambiguously held that the Singapore courts had the jurisdiction and power to grant provisional relief against sStates which have submitted to arbitration.
Singapore Law Watch, 08 Mar 2013
The creation of a hybrid arbitration from a pathological arbitration clause: HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5
The SHC in HKL Group v Rizq International Holdings [2013] SGHCR 5 dealt with a drafting defect in an arbitration clause where the "Arbitration Committee" was referred to and whether such defect deemed the arbitration clause inoperable...
Singapore Law Watch, 27 Feb 2013

BUSINESS

Singapore strengthens framework against cross border tax evasion
Four key steps to strengthen Singapore’s existing Exchange of Information (EOI) framework: extension of EOI assistance to all of Singapore's existing tax agreement partners, signing of the Convention on Mutual Administrative Assistance in Tax Matters...
Rajah & Tann, 23 May 2013
SGX formalises guidance on compliance with Listing Rules disclosure requirements on internal controls
Practice Note 12.2 has been introduced to replace the SGX 2012 advisory note providing guidance on compliance with disclosure requirements regarding the opinion of the board on the adequacy of the internal controls, addressing financial...
Allen & Gledhill, 17 May 2013
Reclassification and Exemption Guidelines and the Telecom Competition Guidelines: IDA conducts public consultation on proposed amendments
The proposed amendments are to align the advisory guidelines with the Code of Practice for Competition in the Provision of Telecommunication Services 2012 and to provide more clarity on how IDA will implement the relevant sections of the Code...
Allen & Gledhill, 16 May 2013
MDA directs SingNet Mio TV to allow cross-carriage of Barclays Premier League matches
MDA’s decision enables StarHub to now broadcast the BPL matches over its own set-top box without paying for the relevant broadcasting rights...
Rajah & Tann, 14 May 2013
ACRA consults on new XBRL preparation tool
This new preparation tool has been developed for companies to file their corporate financial statements in XBRL format…
Allen & Gledhill, 13 May 2013
Commitments and behavioural undertaking as to seat capacity secures CCS’ approval of proposed airline alliance
The clearance is subject to a voluntary undertaking by the parties to increase seat capacity to a combined total of 8,246 seats weekly for passengers flying to and from Singapore in relation to Melbourne and Brisbane…
Allen & Gledhill, 10 May 2013
MAS issues Guidelines on Use of Internal Models for Liability and Capital Requirements for Life Insurance Products Containing Investment Guarantees with Non-Linear Payouts
The Guidelines apply to direct life insurers registered under the Insurance Act who intend to develop and use internal models for liability and capital requirements for more complex products such as variable annuity policies...
Allen & Gledhill, 10 May 2013
New MAS Notice 125 on Investments of Insurers and MAS Notice 126 on Enterprise Risk Management for Insurers
MAS Notice 125 replaces MAS Notices 104 and 317. While Notice 125 takes effect on 1 January 2014, MAS encourages the early adoption of the requirements in the new Notices…
Allen & Gledhill, 09 May 2013
MAS issues Guidelines addressing conflicts of interest concerning research analyses or reports
Guidelines address "Conflicts of Interest arising from a Related Corporation Issuing or Promulgating Research Analyses or Research Reports"…
Allen & Gledhill, 08 May 2013
New MAS Notice 124 on public disclosure requirements: Insurers to comply for accounting periods or financial years on or after 1 January 2013
Notice 124 applies to all registered insurers, except for captive insurers, marine mutual insurers and run-off insurers…
Allen & Gledhill, 08 May 2013
MAS Notice 637: Response to feedback from consultation paper on proposed amendments to "Implement Composition of Capital Disclosure Requirements"
The consultation paper proposed amendments to MAS Notice 637 to incorporate the Basel Committee on Banking Supervision composition of capital disclosure requirements to improve the quality of Pillar 3 disclosures...
Allen & Gledhill, 07 May 2013
The Singapore Government’s Intellectual Property Hub Master Plan
This executive summary focuses on the IP Steering Committee’s recommendations and how IP will impact your future business operations and valuable intellectual property when the recommendations are implemented…
Rajah & Tann, 06 May 2013
Designation of tax crimes as money laundering predicate offences
This executive summary discusses the steps and measures to be taken as set out in the MAS’s response to feedback received to its Consultation Paper to Designate Tax Crimes as Money Laundering Predicate Offences in Singapore and...
WongPartnership LLP, 30 Apr 2013
ASEAN Disclosure Standards Scheme for securities offerings
The Scheme aims to facilitate cross-border offerings of securities within the ASEAN region by harmonising disclosure requirements and to enhance the investment opportunities within the ASEAN capital markets...
Rajah & Tann, 29 Apr 2013
[MYA] Myanmar to sign New York Convention
With plans to sign the Convention, it remains to be seen how any international obligations will be implemented under Myanmar’s current legal framework…
Jones Day, 24 Apr 2013
Secondary listing of Tosei Corporation on the SGX-ST
This executive summary looks at the secondary listing of Tosei Corp and several key issues which potential listing candidates need to be aware of...
Rajah & Tann, 23 Apr 2013
Visiting Academics Series Q1: Developments in Singapore Contract Law in 2012
This edition of the Visiting Academics Series looks at the significant contractual cases of 2012, specifically issues of formation, contractual terms and remedies for breach of contract…
Rajah & Tann, 15 Apr 2013
IPOS releases consultation paper on geographical indications
As part of its commitments under the EUSFTA, Singapore has to enhance its existing regime for the protection of geographical indications…
Allen & Gledhill, 11 Apr 2013
SIAC releases new arbitration rules
The 5th edition of the SIAC Arbitration Rules comes into force on 1 April 2013 and will apply to all SIAC arbitrations commenced after this date unless the parties agree otherwise…
Freshfields Bruckhaus Deringer, 10 Apr 2013
MAS responds to feedback on its consultation to designate tax crimes as money laundering predicate offences
MAS has clarified that what was proposed in its consultation paper was only the inclusion of tax crimes as predicate offences in parity with existing money laundering predicate offences and that the supervisory expectation is the same for all types...
Drew & Napier LLC, 09 Apr 2013
MOM enhancements to foreign manpower policy
It was announced in the Budget Statement 2013 that the MOM will tighten the eligibility requirements for S Pass holders in all sectors…
Allen & Gledhill, 09 Apr 2013
Checklist for a trouble free uncontested divorce hearing (in chambers)
This executive summary sets out a checklist for a trouble free uncontested divorce hearing in chambers to avert the necessity of counsel and parties having to attend in open court to address the deficiencies in their pleadings and/or court documents...
Law Society of Singapore, 04 Apr 2013
Consultation on the recommendations of the Financial Advisory Industry Review
This executive summary looks at the Financial Advisory Industry Review Panel's recommendations which MAS has agreed in principle to implement...
Drew & Napier LLC, 01 Apr 2013
The impact of the additional buyer’s stamp duty on matrimonial and family home purchases
This executive summary explores the important issues which should be considered by married couples and families seeking to jointly purchase residential properties and parents who intend to provide real estate assets to their children.
Rodyk & Davidson, 27 Mar 2013
Ice therapy to cool the property market
The Singapore Government has announced another round of property market cooling measures, ranging from increasing the applicable rates for Additional Buyer’s Stamp Duty and lowering the Loan-to-Value limits for second and subsequent housing loan...
Rodyk & Davidson, 26 Mar 2013
Singapore Budget 2013: Key tax measures relating to the financial services sector
This executive summary looks at the main 2013 tax measures announced by the Singapore government...
Jones Day, 25 Mar 2013
Microsoft fined by the European Commission for non-compliance with commitments: Commitments under Singapore's Competition Act
The European Commission imposed a fine of €561 million on Microsoft for failing to comply with a 2009 binding commitments decision pursuant to Article 9 of Regulation 1/2003.
Rajah & Tann, 22 Mar 2013
New obligation to report suspicious activities and incidents of fraud to MAS in prescribed form
The new Notices issued by MAS require entities regulated by MAS to lodge a report in the form prescribed in the new Notices on discovery of suspicious activities and incidents of fraud...
Allen & Gledhill, 15 Mar 2013
Consultation Paper on Proposed Revision to the Definition of “Singapore Policy” and “Trade Credit Insurer”: MAS issues response
The MAS issued its response on treaty life reinsurance and treaty accident & health reinsurance, facultative general reinsurance, direct life policy and direct accident & health policy, trade credit insurer and trade credit insurance policies...
Allen & Gledhill, 14 Mar 2013
MAS releases Report on Recommendations of Financial Advisory Industry Review Panel
The recommendations by the FAIR panel hope to raise the competence of FA representatives, raise the quality of FA firms, make financial advisory a dedicated service, lower distribution costs, and promote a culture of fair dealing...
Allen & Gledhill, 13 Mar 2013
Latest developments: SFA and FAA; MAS's recovery and resolution powers; consultation papers for insurance industry, related party transactions, collective investment schemes regulations
This executive summary looks at the amendments to the various Acts pertaining to financial industry and consultation papers on insurance, the Securities and Futures Regulations...
WongPartnership LLP, 07 Mar 2013
Key changes to the patent prosecution & registration regime in Singapore in 2013
This executive summary looks at the positive grant system which saw IPOS instituting changes to the patent prosecution process...
Rajah & Tann, 28 Feb 2013
Shifting the focus from mediating the problem to mediating the moment – Using intuition as a guide
This executive summary examines the effects of lawyers and mediators shifting their focus away from the parties' perceived "problem" on to the parties' relationship...
Law Society of Singapore, 26 Feb 2013

INTERNATIONAL

Wallace v Kam [2013] HCA 19 (Negligence, Causation): catchwords
Negligence – Causation – Respondent medical practitioner negligently failed to warn appellant patient of two distinct material risks of physical injury of proposed surgical procedure
Singapore Management University, 23 May 2013
[AUS] Foreign investment regulation in Australia
Foreign investment in Australia is governed by a complex combination of law and policy. Inbound investments by foreign persons in Australian businesses and assets over stipulated thresholds will be reviewed on a case-by-case basis...
Clifford Chance, 21 May 2013
[MYA] Myanmar’s new foreign investment legal regime
The Myanmar Ministry of National Planning and Economic Development Foreign Investment Rules come in the wake of economic and political reforms as foreign investors and governments begin re-engaging with Myanmar following the relaxation of sanctions...
Jones Day, 07 May 2013
[US] US court accepts personal jurisdiction defense in New York Convention enforcement proceedings
First Investment ruling confirms that most US jurisdictions will allow personal jurisdiction defenses in actions to enforce foreign arbitral awards under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards...
DLA Piper, 25 Apr 2013
[UK] Determining the law of an arbitration agreement: The Sulamérica test in practice
The English Court of Appeal in Sulamérica Cia Nacional De Seguros SA v Enesa Engenheria SA [2012] EWCA Civ 638 formulated a three-stage test to determine the law of an arbitration agreement...
DLA Piper, 17 Apr 2013
[UK] Harmonisation of doctrine of repudiation and its effect on the determination of a contract
The UK Supreme Court decision of Soc Gen v Geys [2012] UKSC 63 clarifies that the principles that apply to the repudiation of commercial contracts would similarly apply to employment contracts...
Law Society of Singapore, 03 Apr 2013
[UK] Agreement to agree is not fatal
The English CA upheld the decision of the High Court which had set aside an arbitration award on the basis that the tribunal had made an error of law with respect to the enforceability of certain clauses which appeared to be agreements to agree...
Olswang, 27 Mar 2013
[UK] Update on changes to the UK regime for the taxation of non-UK tax residents owning UK residential properties
This executive summary looks at the legislation for inclusion in the Finance Bill 2013 relating to Annual Residential Property Tax, Stamp Duty Land Tax and Capital Gains Tax on non-natural persons disposing of high value residential properties...
Colin Ng & Partners, 21 Mar 2013
[UK] Causation, remoteness, scope of duty and the Rubenstein decision
The English Court of Appeal decision of Rubenstein v HSBC [2012] EWCA Civ is an important one as it deals with the salient issues of causation, remoteness and scope of duty, and across the areas of breach of statutory duty, negligence and contract...
Law Society of Singapore, 14 Mar 2013
[UK] A simplified approach to distinguishing between guarantees and bonds?
The English CA sought to re-establish in Wuhan Guoyu Logistics Group Co Ltd [2012] EWCA Civ 1629, a simpler and more streamlined test (presumption) for determining whether a so-called "Payment Guarantee" is a proper guarantee or an on-demand bond...
Olswang, 07 Mar 2013
[AUS] Federal Court rules on the patentability of business methods and computer programs
In Research Affiliates LLC v Commissioner of Patents [2013] FCA 71, the court ruled that a computer-implemented method of generating an index for weighting an investment portfolio was not patentable.
DLA Piper, 06 Mar 2013
Societe Generale, London Branch v Geys [2012] UKSC 63 (Employment law, Termination): commentary
Employment law – Termination - Repudiatory breach - Effect of election not to terminate – When contract came to end
Singapore Management University, 01 Mar 2013
[AUS] Federal Court hands down Cancer Voices Australia v Myriad Genetics Inc decision
The case, the first of its kind in Australia, concerned whether a valid patent may be granted for a claim that covers naturally occurring Deoxyribonucleic Acid (DNA) or Ribonucleic Acid (RNA) that has been 'isolated'...
DLA Piper, 01 Mar 2013

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