Strides towards improved borrower protection and increased regulation in the moneylending industry

This article will discuss the main changes introduced by the Moneylenders Amendment Act 2018.

Year in review 2018 and year to come 2019

2018 saw a significant number of milestones in corporate and commercial legislation. There were further important developments in the fintech space.

MAS issues Guide to Digital Token Offerings

This article provides a summary of the key changes to the 2018 Guide.

Voluntary arrangements in bankruptcy – extension and revocation

In Re Aathar Ah Kong Andrew [2018] SGHC 227, the SHC held that it did not have the power to grant an extension of the interim stay order.

Singapore’s legal profession: Data analysis of lead counsel appearance numbers

Singapore’s legal profession: Data analysis of lead counsel appearance numbers

The author is responding to the call to study the careers of advocates, and has done so by compiling data on appearances before the High Court and Court of Appeal as lead counsel.

Amendments to the Building Maintenance and Strata Management Act and Regulations to come into operation on 14 December 2018 and 1 February 2019

BMSMA 2017 was passed in Parliament on 11 September 2017 and received the President’s Assent on 3 October 2017.

MAS proposes revisions to the exemption framework for cross-border business arrangements of capital markets intermediaries

MAS is now proposing to switch the exemption regime from a case-by-case approval to a post-fact notification approach.

Court of Appeal upholds setting aside of investor-state arbitral award

Swissbourgh Diamond Mines (Pty) Limited and others v Kingdom of Lesotho [2018] SGCA 81 was the first time the Singapore courts allowed an application to set aside an investor-State arbitration award on the merits.

Supreme Court Case Summary: Mohamed Affandi bin Rosli v Public Prosecutor and another appeal [2018] SGCA 87

CA by a 2:1 majority allows appeal against HC conviction of drug trafficking and abetment charges.

IPOS Case Summary: Chicago Mercantile Exchange Inc. v Intercontinental Exchange Holdings, Inc. [2018] SGIPOS 20

It was held that the average consumer of the services in Singapore could not fail to be informed immediately by its use of the intended purpose and nature of the particular financial services. 

Payment Services Bill 2018

The Bill, once passed, represents a significant milestone in consolidating, streamlining and modernising existing payments legislation as part of Singapore's payments roadmap to 2020.

Journals Online: Novel issues of litigation and without prejudice privilege in multi-party civil proceedings

This article discusses the novel issues raised by United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd [2018] 4 SLR 391.

Arbitration clause in shareholders’ agreement does not preclude Court proceedings for same relief under Articles

In BTY v BUA and other matters [2018] SGHC 213, the issue was whether or not the matter should proceed to litigation or arbitration. 

Mitigating the risks of subrogated claims by insurers

This article discusses the benefits of using international arbitration as a dispute resolution mechanism and third-party portfolio funding to cover costs of international arbitration.

Supreme Court Case Summary: ARW v Comptroller of Income Tax and another and another appeal [2018] SGCA 85

CA allows the AG to intervene on public interest privilege; grants extension of time for the CIT to request for further arguments and to admit further evidence to the HC.

Third-party funding – taking stock

This article traces the introduction of third-party legislation in Singapore and HK, followed by an assessment of the status quo.

Three “pitfalls” for the unwary: Third-party funding in Asia

For some time, practitioners would have seen news alerts headlining that 3P funding is permitted in Singapore and HK for arbitration and arbitration-related Court proceedings.

Supreme Court Case Summary: Lim Sze Eng v Lin Choo Mee [2018] SGCA 84

CA dismisses appeal by the appellant against HC decision to award the respondent damages for the appellant’s breach of various terms under a settlement agreement.

Supreme Court Case Summary: BOM v BOK and another appeal [2018] SGCA 83

CA affirms HC decision to set aside the trust deed for misrepresentation, mistake, undue influence and unconscionability.

Supreme Court Case Summary: Law Society of Singapore v Kangatharan s/o Ramoo Kandavellu [2018] SGHC 265

The lawyer was struck off the roll by the Court of Three Judges on the basis of his conviction for providing false information to IRAS. 

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