Supreme Court / 13 Jan 2021 Supreme Court Case Summary: Iskandar bin Rahmat v Law Society of Singapore [2021] SGCA 1 The SCA dismissed the application to strike out the accused's appeal by a majority decision on the basis that it had jurisdiction to hear the appeal which also involved a question of public interest.
Supreme Court / 31 Dec 2020 Supreme Court Case Summary: POSH Semco Pte Ltd v Makamin Petroleum Services Co and another [2020] SGHC(I) 26 The SICC entered judgment in favour of the Plaintiff in recognition of its entitlement to balance of the outstanding debt under a guaranteed settlement agreement with the Defendant after determining that the Plaintiff had acted in good faith...
Supreme Court / 30 Dec 2020 Supreme Court Case Summary: Chan Sze Ying v Management Corporation Strata Title Plan No 2948 (Lee Chuen T’ng, intervener) [2020] SGCA 123 The SCA dismissed the appeal and affirmed the SHC's decision and held that the intervener, as the MCST management council chairperson, lawfully adjourned an AGM without a motion to adjourn as she had exercised the powers afforded to her under...
Supreme Court / 23 Dec 2020 Supreme Court Case Summary: Imran bin Mohd Arip v Public Prosecutor and other appeals [2020] SGCA 120 The SCA allowed the appeal by Pragas Krissamy against his conviction for a capital drug trafficking charge and invited the Prosecution to submit on appropriate amendments to the drug trafficking charges against Imran Bin Mohd Arip and Tamilselvam...
Supreme Court / 23 Dec 2020 Supreme Court Case Summary: Kiri Industries Ltd v Senda International Capital Limited and another [2020] SGHC(I) 27 The SICC provides interim valuation of DyStar Global Holdings (Singapore) Pte Ltd subject to further adjustments to be made by parties’ valuation experts regarding the technical calculations needed to arrive at the valuation.
Rajah & Tann / 15 Jan 2021 Proposed Changes to Electronic Transactions Act to Allow Digitalisation of Trade Documents and Other Key Items This update looks at the key provisions introduced in the Amendment Bill to amend the ETA which would allow the use of digital documentation with international ports and reduce the reliance on hard copy trade documents, as well as changes which...
Harry Elias Partnership LLP / 13 Jan 2021 Know your rights: Don't be a victim of medical negligence This update discusses the importance of knowing one's rights as a patient in order to avoiding falling prey to medical negligence and what are the possible avenues should one find that they could be a possible victim of medical negligence.
Rajah & Tann / 08 Jan 2021 COVID-19 (Temporary Measures) Act: Re-Align Framework Available from 15 January 2021 and Other Additional Reliefs for Built Environment Sector This update consolidates mosr of the key features of the additional reliefs for the Built Environment sector which have come into force, as well as further information on the operation of the Re-Align Framework such as elgibility, reliefs...
Singapore Institute of Arbitrators / 07 Jan 2021 Confidentiality in International Arbitration: A comparative jurisdictional and institutional review This paper aims to comprehensively survey possible sources of confidentiality through considering the arbitrations law of Singapore, England, Hong Kong & New York,as well as the rules of the leading institutions in these 4 key...
Baker & McKenzie.Wong & Leow / 06 Jan 2021 Tightening of employment pass regulations for overseas intra-corporate transferee This article looks at the key takeaways of the recent MOM condition in an EP application which will determine whether the family members of an intra-corporate transferee (ICT) is eligible for Dependant's Passes or Long Term Visit Passes and...
Personal Data Protection Commission / 14 Jan 2021 PDPC Case Summary: RISE Aerospace Pte Ltd The PDPC was notifed by the Organisation that a ransomware infection had rendered its network storage server inaccessible.
Personal Data Protection Commission / 14 Jan 2021 PDPC Case Summary: Hello Travel Pte Ltd The PDPC received information that a database belonging to the Organisation was posted to an internet forum and was made publicly available as a consequence.
Lee & Lee / 14 Jan 2021 First time a provisionally-registered doctor is struck off: Singapore Medical Council v Chua Shunjie [2020] SGHC 239 This article looks at the C3J decision in the case of Singapore Medical Council v Chua Shunjie [2020] SGHC 239 where the Court set out its stance on when striking off would nonetheless be appropriate even in a case where the presumptive sanction...
Clifford Chance / 11 Jan 2021 Singapore Court of Appeal affirms traditional Dunlop Pneumatic Test for Penalty Clauses This update looks at the SCA decision of Denka Advantech Private Limited & another v Seraya Energy Pte Ltd & another [2020] SGCA 119 and compares the legal position across the major common law jurisdictions in relation to penalty...
Drew & Napier LLC / 05 Jan 2021 Rules against Penalties – Singapore Court of Appeal affirms Dunlop Pneumatic and declines to follow the UK Supreme Court and the Australia High Court This article examines the SCA's reasoning in Denka Advantech Pte Ltd and another v Seraya Energy Pte Ltd and another and other appeals [2020] SGCA 119 where it affirmed that the rule against penalties in Singapore remains that...
Singapore Law Watch / 23 Nov 2020 Do Parties Dream of Arbitral Seats? The English Approach to the Governing Law of Arbitration Agreements Enka (SC) is to be welcomed for providing precedental certainty on the hotly-debated issue of what law governs an arbitration agreement (in the absence of an express choice) and there is likely to be greater conceptual clarity moving forward on...
Singapore Law Watch / 05 Nov 2020 The case for a moratorium on death penalty executions in Singapore There should be a full review by the AGC of every pending death penalty case to ensure that all relevant evidence has been disclosed by the prosecution to defence counsel, especially evidence that strengthens the defence’s case or...
Singapore Institute of Arbitrators / 15 Jan 2021 Corruption in International Arbitration - navigating the labyrinth This article seeks to provide a compass to help parties navigate through the labyrinth of uncertainty surrounding the issue of corruption in the area of international arbitration by analysing the efficacy of the various available options to...
Singapore Institute of Arbitrators / 13 Jan 2021 Continuing the discourse on Party-Representative ethics in International Arbitration This article explores alternative solutions to the decade long problem on regulation of party-representative misconduct in view of the continuing lack of consensus in the international arbitration community to agree on articulate global...
Dentons Rodyk & Davidson LLP / 12 Jan 2021 Mediating joint venture disputes This article examines the evolution of mediation over the years and how it is quickly becoming a a powerful tool for bringing a speedy and effective end to cross-border disputes while preserving the commercial relationship between parties and...
Drew & Napier LLC / 08 Jan 2021 Managing the Aftermath of a Tax Audit or Investigation The last update in thie 4-part series talks about the differences between a tax audit vs a tax investigation and the possible outcomes arising from these events and possible ways to deal with them.
Law Society of Singapore / 07 Jan 2021 The Journey of Legal Innovation: Building Your Innovation Strategy This article looks at a systenatic approach towards creating an innovative approach to achieve better business outcomes be it in the area of service delivery or building out a basic tech stack.
Bird & Bird ATMD / 15 Jan 2021 [CHN] A curb on what personal information is necessary for your app – proposed rule by the Cyber Administration of China This article looks at the rules the Cyber Administration of China is proposing as art of a national process to set guidelines on the types of personal information which an app operator may collect to supplement Art. 41 of the PRC Cyber Security...
Bird & Bird ATMD / 14 Jan 2021 [GBR] The effect of Brexit on UK consumer protection law This article explores how consumer protection law in the UK has been affected by the UK’s withdrawal from the EU and the divergence that may follow in the coming years.
Baker & McKenzie.Wong & Leow / 13 Jan 2021 [IDN] Digital "stargazing" through 2021: Bank Indonesia overhauls payment system regulations This article looks at the Payment System Regulation issued by Bank Indonesia as part of the national blueprint to restructure the regulatory framework of payment systems, with a specific focus y on the licensing and ownership topics in the...
Bird & Bird ATMD / 11 Jan 2021 [GBR] Deliberate penalties and failure to file returns by third parties This article discussed the implications arising from the English case of H Dhaliwal v HMRC [2020] UKFTT 463 (TC) where it held that the burden of proof is on HMRC to demonstrate that there was deliberate behaviour involved in the withholding of...
WongPartnership LLP / 06 Jan 2021 [CHN] China’s Foreign Investment Security Review Rules Promulgated This update summarises the salient clauses of the Foreign Investment Security Review Rules which will come into force early this year and also provides a brief analysis of how this will affect the PRC foreign investment regime and also some...
Bird & Bird ATMD / 15 Jan 2021 [CHN] A curb on what personal information is necessary for your app – proposed rule by the Cyber Administration of China
Rajah & Tann / 15 Jan 2021 Proposed Changes to Electronic Transactions Act to Allow Digitalisation of Trade Documents and Other Key Items
Singapore Institute of Arbitrators / 15 Jan 2021 Corruption in International Arbitration - navigating the labyrinth
Lee & Lee / 14 Jan 2021 First time a provisionally-registered doctor is struck off: Singapore Medical Council v Chua Shunjie [2020] SGHC 239
Baker & McKenzie.Wong & Leow / 13 Jan 2021 [IDN] Digital "stargazing" through 2021: Bank Indonesia overhauls payment system regulations
Supreme Court / 13 Jan 2021 Supreme Court Case Summary: Iskandar bin Rahmat v Law Society of Singapore [2021] SGCA 1