26 October 2016
Singapore Law Watch
SEARCH BY TOPIC
Notices & Directions
Continuing Legal Education
Skip to content
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
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
Singapore Bankruptcy Amendment Act comes into force
The Amendment Act looks to, among others changes, raise the minimum debt for initiating bankruptcy proceedings has increased from S$10,000 to S$15,000, introduce a framework with clear exit points and time frames for discharge…
Rajah & Tann, 30 Aug 2016
Income Tax Act: MOF consults on proposed changes to implement 2016 Budget Statement changes and country-by-country reporting
The draft Bill proposes amendments to the Income Tax Act to implement changes announced in the 2016 Budget Statement, enable implementation of Country-by-Country Reporting as part of the base erosion and profit shifting project, and...
Allen & Gledhill, 29 Aug 2016
MCI’s public consultation on changes to the Telecommunications Act and the MDA Act
The most salient amendments that have been proposed include expanding the rent-free Mobile Deployment Space that building owners must provide to mobile operators to cover both rooftop and non-rooftop areas, establishing an ADR scheme ...
Rajah & Tann, 29 Aug 2016
Income Tax Act amended to enable implementation of Common Reporting Standard: MOF seeks comments on draft regulations providing further details
The CRS sets out the financial account information to be exchanged, the financial institutions that are required to report, the different types of accounts and taxpayers covered...
Allen & Gledhill, 26 Aug 2016
Mental Capacity Act: Amendments partially in force; provisions on professional donees and professional deputies not yet in force
The provisions now in force relate to changes to improve the operations of the Public Guardian office, the extension of the protection of a donee and any third party who transacts with the donee to situations where the donee or third party genuinely...
Allen & Gledhill, 24 Aug 2016
Info-communications Media Development Authority Bill 2016 and Government Technology Agency Bill 2016 introduced in Parliament
The IMDA Bill establishes the IMDA and the regulatory and anti-competition functions of the IDA and the MDA will be consolidated within the purview of the IMDA…
Allen & Gledhill, 19 Aug 2016
Employment Claims Bill 2016: Establishment of Employment Claims Tribunal
The Bill aims to facilitate the expeditious resolution of employment disputes by providing for the mediation of such disputes. The Bill also provides for the constitution, jurisdiction and powers of and administration of justice in the ECT...
Allen & Gledhill, 16 Aug 2016
Changes to Child Development Co-Savings Act: Reimbursement for voluntary extended paternity leave and extending co-savings scheme to Singaporean children of unwed parents
To encourage fathers to spend more time with their children from birth, a second week of paternity leave, employers will be reimbursed by the Government for an additional week of leave taken or granted…
Allen & Gledhill, 16 Aug 2016
Trade Marks Act amended to allow appeals against interlocutory decisions issued by the Registrar of Trade Marks
The amendment to the Act allows a party in interlocutory proceedings between two or more parties to appeal to the High Court from a decision of the Registrar in those proceedings if the decision terminates any matter concerning a trade mark...
Allen & Gledhill, 03 Aug 2016
Sections of the New Human Biomedical Research Act in effect
Sections 40 to 63, among others, have come into effect. These sections relate to Codes of practice and ethics, enforcement powers of the Director to stop human biomed research or tissue banking activity and appeals procedure…
WongPartnership LLP, 27 Jul 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
SHC: Natural justice in arbitral awards
In the case of JVL Agro Industries v Agritrade International  SGHC 126, the court remitted the matter to the tribunal to allow them an opportunity to cure the breach of natural justice; only when it failed to do so did the SHC set aside the award...
Rajah & Tann, 31 Aug 2016
SHC: When will the court order a minority buyout?
The SHC in Koh Keng Chew v Liew Kit Fah  SGHC 140 ordered that the plaintiffs' minority shares in a company should be bought out; a minority buyout ought not to be available as a matter of course and should be made only in exceptional situations…
Rajah & Tann, 24 Aug 2016
Do you have an objection? Goh Yee Lan Coreena v P & P Security Services  SGHC 141
This judgment shows that any party that wishes to object to an NOA must strictly adhere to the WICA’s procedural requirements…
Singapore Law Blog, 19 Aug 2016
SHC: Defamatory internet publications - The need for electronic evidence
The SHC in Qingdao Bohai Construction Group v Goh Teck Beng  SGHC 142 held that the first plaintiff, a China-incorporated company, had no international reputation and failed to show a trading or business reputation...
Baker & McKenzie.Wong & Leow, 18 Aug 2016
SHC: When Is the right time to start an action?
The SHC in Antariksa Logistics v Nurdian Cuaca  SGHCR 10 held that the plaintiff bringing related claims about six years apart was legitimate as it was in the public’s interest to protect the plaintiffs’ ability to raise unlitigated issues...
Rajah & Tann, 15 Aug 2016
SCA dismisses application for leave to commence arbitration proceedings in company’s name
The SCA Sinwa SS (HK) v Nordic International  SGHC 111 held that the claims for which leave was sought were time-barred and the application for leave was held not to be bona fide in the best interest of Nordic International…
Allen & Gledhill, 15 Aug 2016
SHC sets aside arbitral award in JVL Agro Industries Ltd v Agritrade International
The SHC in JVL Agro Industries v Agritrade International  SGHC 126 allowed the application to set aside an arbitral award on the basis that there had been a breach of the rules of natural justice on the basis that JVL had been deprived of...
Clifford Chance, 11 Aug 2016
SCA: Equitable accounting as a means to achieve broad justice between co-owners
The SCA in Su Emmanuel v Emmanuel Priya Ethel Anne  SGCA 30 considered an appeal against an order for the sale of a property and a declaration that the first respondent owns a beneficial interest in proportion to her actual contributions...
RHTLaw Taylor Wessing LLP, 10 Aug 2016
SHC: What makes up a house? Examining the boundaries of ownership of property
The SHC in Peh Kah Chan v Tan Chong Realty  SGHC 135 was faced with a property transfer from the 1950s, and had to consider how far a shophouse owner had rights over the surrounding land…
Rajah & Tann, 08 Aug 2016
SHC: The purpose of the statement of facts in a plead guilty case
This executive summary examines the analysis made by the court on the issue of an adequate Statement of Facts, and the likely practical implications PP v Andrew Koh Weiwen  SGHC 103 would have on future criminal proceedings...
RHTLaw Taylor Wessing LLP, 08 Aug 2016
SCA: Key developments in passing off, instruments of deception and groundless threats of copyright proceedings
The SCA in Singsung v LG 26 Electronics  SGCA 33 re-affirmed the basic principle that the tort of passing off seeks to protect the plaintiff’s goodwill in his business and not specifically his right to the exclusive use of a mark, get-up or logo…
RHTLaw Taylor Wessing LLP, 05 Aug 2016
SCA - Substantive legitimate expectations: Slow and steady
The present article summarises the issues raised in in SGB Starkstrom v Commissioner for Labour  3 SLR 598, and suggests some areas for further reflection…
Law Society of Singapore, 03 Aug 2016
SHC: Enforceability of Chinese judicial settlements in Singapore
The court in Shi Wen Yue v Shi Minjiu  SGHCR 8 held that "mediation papers" are enforceable in Singapore. These are agreements made between disputing parties to resolve a dispute, which are then authenticated and signed by a Judge of the Chinese Cou
Baker & McKenzie.Wong & Leow, 27 Jul 2016
There is currently no update in this section. Please check back soon for the latest updates.
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
Singapore Employment Claims Tribunal to come into operation from April 2017 – whither employment arbitration?
The creation of the Employment Claims Tribunals is a significant and positive development which provides all employees with a dispute resolution alternative to Singapore court proceedings…
JWS Asia Law Corporation, 02 Sep 2016
Consultation paper on review of risk-based capital framework for insurers in Singapore
The latest MAS consultation paper includes the proposal that insurers must currently maintain a minimum capital adequacy ratio of 100% at the company level, and a fund solvency ratio of 100% at the insurance fund level…
Baker & McKenzie.Wong & Leow, 02 Sep 2016
MAS issues response to feedback from consultation paper on insurance returns: Proposed revisions to information requirements and presentation format
The MAS response notes that all asset and liability exposures with related corporations should be disclosed and gives examples of this such as equity securities, debt securities, and cash and deposits, etc…
Allen & Gledhill, 31 Aug 2016
The new 2016 SIAC Arbitration Rules come into effect
The sixth edition of the SIAC Arbitration Rules came into effect on 1 August 2016. The key features of the 2016 SIAC Rules include: a streamlined process to deal with disputes arising out of multiple contracts; consolidation of multiple SIAC arbitrations
Freshfields Bruckhaus Deringer, 30 Aug 2016
MAS consults on draft legislation to exempt dealers from business conduct rules in FAA when providing execution-related advice in respect of listed excluded investment products
The draft legislative amendments are drafted with reference to the feedback received from an earlier consultation on "Regulatory Framework for Intermediaries Dealing in OTC Derivative Contracts, Execution-Related Advice, and...
Allen & Gledhill, 30 Aug 2016
MAS consults on enhancements to regulatory requirements on protection of customer’s moneys and assets
The key changes proposed by MAS are: expanding the definition of customer’s moneys to include contractual rights arising from transactions entered into by a CMS licensee on behalf of or with a customer...
Rajah & Tann, 30 Aug 2016
Dedicated anti-money laundering departments formed; first merchant banking licence revoked since 1984 due to aml compliance failures
The new AML Department aims to streamline existing responsibilities relating to AML and other unlawful financial activities; a new Enforcement Department will also be established to centralise and strengthen AML enforcement functions...
Kennedys Legal Solutions, 26 Aug 2016
MAS releases revised guidelines on outsourcing risk management
Key changes to the Guidelines include introduction of a new section on cloud computing that sets out MAS’ stance on cloud computing; removal of the expectation for financial institutions to pre-notify MAS of material outsourcing arrangements…
WongPartnership LLP, 25 Aug 2016
Surviving Brexit: What we should be asking about IP protection in the UK and EU, following the recent referendum
This article offers a preliminary analysis on the implications of Brexit on intellectual property rights, and suggests some practical steps that may be taken to proactively manage the transition of the UK out of the EU…
Allen & Gledhill, 25 Aug 2016
Construction law in Singapore: A special case - SCL Annual Conference 2016
This full day conference brought together about one hundred and forty participants - legal practitioners, in-house counsel and other professionals from the construction industry from around the region - to discuss the central theme of specialisation...
24 Aug 2016
Personal data protection – Prohibition on transfer of data out of Singapore
Section 26 of the Personal Data Protection Act prohibits the transfer of personal data to a country or territory outside of Singapore except in accordance with requirements prescribed under the Act…
Dentons Rodyk & Davidson LLP, 19 Aug 2016
PDPC revises advisory guidelines and announces new/updated guides and initiatives
The PDPC revised the “Consent Obligation” chapter in the “Advisory Guidelines on Key Concepts in the Personal Data Protection Act” to provide further clarity on the withdrawal of consent requirements...
Allen & Gledhill, 18 Aug 2016
SGX to set up subsidiary company ‘RegCo’ for regulatory functions
SGX announced it will hive off its regulatory arm from its commercial activities following criticisms about the conflict of interest inherent in SGX regulating its own clients…
Morgan Lewis Stamford LLC, 12 Aug 2016
Planning for Brexit
This executive summary examines the effect of Brexit in the future. Legal, regulatory and trading arrangements in particular present many complexities and uncertainties. These must be viewed in the context of the timing of an eventual withdrawal...
RHTLaw Taylor Wessing LLP, 11 Aug 2016
Singapore to become international centre for debt restructuring
Singapore’s Insolvency Law Review Committee made recommendations to update the country’s insolvency laws and noted that the demand for debt-restructuring services in Asia was growing…
Morgan Lewis Stamford LLC, 10 Aug 2016
Third-Party Funding in Singapore: out of the shadows and into the light
Third-party funding is the funding of the costs of legal proceedings by an entity that is unconnected to the dispute. Singapore law currently prohibits third-party funding in both litigation and arbitration, with limited exceptions…
10 Aug 2016
MAS proposes enhanced requirements for protection of client moneys and assets held by capital markets intermediaries
The proposed enhancements govern the protection of client moneys and assets held by Capital Markets Services licence holders and take into account the recommendations of the International Organisation of Securities Commission...
Shook Lin & Bok LLP, 04 Aug 2016
MAS to further strengthen anti-money laundering enforcement
This executive explains the latest MAS move and provide a refresher to law firms wanting to adopt a more robust compliance framework and be even more ready for any heightened inspection regime...
Law Society of Singapore, 02 Aug 2016
Enhanced government-paid employee parental leave entitlements effective 2017
These revisions primarily to the Child Development Co-Savings Act enhance various government-paid leave entitlements which seek to grow the “Singaporean core” internally, by enhancing the government-paid employee parental leave entitlements...
Colin Ng & Partners, 02 Aug 2016
PDPC issues new guide and amends advisory guidelines to help organisations manage requests for access to personal data
The Guide aims to help organisations effectively manage individuals’ requests for access to their personal data in compliance with the Personal Data Protection Act (“PDPA”). The Guide recommends that organisations should establish clear policies...
Allen & Gledhill, 02 Aug 2016
How does Brexit impact employers in Asia?
This executive summary provides the “do’s and don’ts” in handling employee communications on Brexit's effect on employment law…
Linklaters, 29 Jul 2016
Common Reporting Standards and its impact on fund managers
The CRS provides a standardised set of detailed due diligence and reporting rules for financial institutions to follow to ensure consistency in the scope and quality of information exchanged between participating countries…
Colin Ng & Partners, 27 Jul 2016
Revised listings due diligence guidelines issued by the Association of Banks in Singapore
These guidelines are recommended by the ABS as guidance on the due diligence procedures and processes required of its member banks in the context of initial public offerings in Singapore…
Dentons Rodyk & Davidson LLP, 26 Jul 2016
MOM issues Tripartite Guidelines on the Employment of Term Contract Employees
The Guidelines seek to encourage employers to grant certain term contract employees benefits that are ordinarily available only to employees in permanent positions under the existing employment legislation…
Allen & Gledhill, 26 Jul 2016
Getting a prenuptial agreement in Singapore
Although not always enforceable in Singapore, this commentary explores the practical advantages a prenup agreement can offer and clarifies frequently asked questions about getting one…
Colin Ng & Partners, 26 Jul 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
[MYS] Intellectual property case updates - Malaysia
This update looks at the latest IP cases from Malaysia: Doretti Resources v Fitters Marketing; Restoran Oversea Holdings v Overseas Seafood Restaurant...
Rajah & Tann, 30 Aug 2016
[CHN] Regulations for the administration of mobile internet application information services
The Regulations aim to strengthen the management of app information services, promote a healthy and orderly development of the industry, and protect the legitimate rights and interests of the relevant parties...
Rajah & Tann, 25 Aug 2016
[GBR] A picture speaks a thousand words – Lessons from the Trunki case
The case of PMS International Group plc v Magmatic Limited  UKSC 12 emphasises the importance of choosing appropriate design drawing in design registration in order to avoid limiting the scope of protection conferred by registration…
Dentons Rodyk & Davidson LLP, 18 Aug 2016
[IDN] The 2016 Indonesian tax amnesty
Under the Amnesty, participating taxpayers would have their tax liabilities (including administrative and criminal sanctions) waived upon payment of a defined amount referred to as a “Redemption Charge”…
Rajah & Tann, 11 Aug 2016
[INT] Carriers versus Shippers – The Rotterdam Rules: Striking a more appropriate balance
This executive summary explains why and how, compared with the Hague-Visby Rules, the Rotterdam Rules (UNCITRAL) seem, on paper, to strike a more appropriate balance between the oftconflicting interests of carriers and shippers of maritime cargo…
Colin Ng & Partners, 08 Aug 2016
[CHN] Understanding China’s current outbound investments
With policy and financial support from the government, more Chinese companies have strategically planned and developed their investment globally in the past decade…
RHTLaw Taylor Wessing LLP, 04 Aug 2016
[INT] Notification injunction: A novel approach
This executive summary explores Holyoake v Candy  EWHC 970 and suggests that while it may be some time before the requirements of a notification injunction are clearly articulated, there is definitely a place for it in our litigation process...
Law Society of Singapore, 03 Aug 2016
[GBR] English CA opines that an “anti-oral variation” clause in a contract does not necessarily preclude the contract from being varied orally or by conduct
The English CA in Globe Motors v TRW Lucas Varity Electric Steering  EWCA Civ 396 provided the obiter view that an agreement with a specific clause that all amendments to it must be made in writing does not necessarily preclude variations being made
Allen & Gledhill, 03 Aug 2016
Supreme Court Note
to our free email updates.
Or read SLW via one of the following channels:
Notices & Directions
Continuing Legal Education
Terms, Conditions and Disclaimers
Skip to content