28 May 2016
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FROM THE SUPREME COURT (exclusive to SLW)
There is currently no update in this section. Please check back soon for the latest updates.
Monetary Authority of Singapore Act: MAS proposes legislative amendments to enhance the resolution regime for Fis
MAS has proposed a new Division 2 under Part IVA MAS Act under which notified Fis, which are systematically important or that maintain critical functions, will be subject to RRP requirements….
Shook Lin & Bok LLP, 27 May 2016
Standalone Cybersecurity Bill to be tabled next year
The new Bill will ensure that the operators of Singapore’s critical information infrastructure take proactive steps to secure such CIIs and report incidents of cybersecurity breaches and empower the Cyber Security Agency to manage cyber incidents...
Rajah & Tann, 06 May 2016
Mediation Bill: Public Consultation on the draft Bill
The introduction of the Bill gives effect to one of the recommendations made by the International Commercial Mediation Working Group to strengthen the overall framework for mediation in Singapore…
Rajah & Tann, 28 Apr 2016
Singapore ratifies the Hague Convention on Choice of Court Agreements
Singapore’s ratification of the Convention will provide greater certainty to parties to international business transactions litigating before, or enforcing foreign judgments in, the Singapore courts...
Freshfields Bruckhaus Deringer, 28 Apr 2016
Banking (Amendment) Bill 2016 passed: Strengthening prudential safeguards, corporate governance and risk management controls
The Bill looks to enhance prudential safeguards, corporate governance and risk management controls in the banking industry, aligning the regulatory and supervisory framework of the MAS with international best practice…
Allen & Gledhill, 28 Apr 2016
Income Tax (Amendment No. 2) Bill 2016: Proposed changes to implement automatic exchange of financial account information under the Common Reporting Standard
The changes will enable Singapore to fulfil her international commitment to commence automatic exchange of financial account information under the CRS between jurisdictions for tax purposes, with the objective of detecting and deterring tax evasion...
Allen & Gledhill, 25 Apr 2016
Economic Expansion Incentives (Relief from Income Tax) (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
The Bill amends the EEIA by applying maximum tax relief period for each Pioneer Certificate on incentivised activities and for each certificate issued for Development and Expansion Incentive on the incentivised activities…
Allen & Gledhill, 21 Apr 2016
Goods and Services Tax (Amendment) Bill 2016 passed but not yet in force: Changes to GST policies and administration
The Bill amends the GST Act to allow the Comptroller of GST to impose travel restriction orders to persons failing to repay wrongly claimed tourist refunds, to carify the scope of zero-rating in relation to merchandise for sale on board an aircraft or...
Allen & Gledhill, 20 Apr 2016
Income Tax (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
Changes arising from the Income Tax (Amendment) Bill include extending and refining the M&A scheme, enhancing the Double Tax Deduction for Internationalisation Scheme, introducing the International Growth Scheme, and more…
Allen & Gledhill, 19 Apr 2016
Hague Convention on Choice of Court Agreements: Singapore tables bill in Parliament to make Singapore a more attractive dispute resolution venue
The Hague Convention is a significant judgment-recognition convention which strengthens the enforceability of Singapore court judgments abroad and facilitates a more conducive legal environment for cross-border business…
JWS Asia Law Corporation, 15 Apr 2016
Mental Capacity (Amendment) Bill 2016 passed
The Bill introduces the concept of “professional deputies” and “professional donees” and allows the court to revoke a deputy’s or donee’s powers if there is a significant risk of the deputy or donee abusing the donor…
Rajah & Tann, 06 Apr 2016
Goods and Services Tax (Amendment) Bill 2016: Changes to GST policies and administration
The Bill seeks to clarify scope of zero-rating in relation to merchandise for sale on board aircraft or ship, extend travel restriction order to a person who fails to repay wrongly claimed tourist refund, among others…
Allen & Gledhill, 22 Mar 2016
Income Tax (Amendment) Bill 2016: Implementing Budget 2015 changes
Key changes arising from the Bill.include extending and refining the M&A scheme, iIntroducing the new International Growth Scheme, improving enhanced-tier fund tax incentive scheme…
Allen & Gledhill, 21 Mar 2016
Changes to the Banking Act passed
This executive summary gives an overview of the rationale and scope of the amendments intended to improve the robustness of Singapore’s financial institutions and to align MAS’ regulatory and supervisory framework with international best practices...
RHTLaw Taylor Wessing LLP, 18 Mar 2016
Banking Amendment Bill 2016
The amendments are aimed at strengthening MAS’ regulatory and supervisory framework, and aligning them with international best practice…
Shook Lin & Bok LLP, 03 Mar 2016
Wilful blindness and presumption of knowledge under s 18(2) Misuse of Drugs Act – Putting the puzzle pieces together
This article reviews recent drug-related cases that touch on wilful blindness and the presumption of knowledge under s 18(2) Misuse of Drugs Act and closely examines the question of what is the relationship, if any, between the two….
Law Society of Singapore, 01 Mar 2016
SHC finds no likelihood of confusion under section 8(2)(b) of Trade Marks Act on appeal
The SHC, in coming to its decision in Polo/Lauren v United States Polo Association  SGHC 32, took into account the low degree of similarity between the trade marks and the greater attention that the average consumer was likely to pay...
Allen & Gledhill, 27 May 2016
SCA highlights need for statutory demand rules to be read in the context of the Bankruptcy Act
The SCA held in Chan Siew Lee Jannie v Australia and New Zealand  SGCA 23 that a statutory demand is not defective if it only specifies security held by the petitioning creditor which had been provided by the debtor in respect of the debt…
RHTLaw Taylor Wessing LLP, 27 May 2016
SHC: Standing tall – The “Independent Contractor” defence for builders and construction professionals
The SHC in MCST Plan No 3322 v Mer Vue Developments  SGHC 38 considered whether the contractor performed services as a person of business on his own account (the “Independent Business Test”) and the extent of the control exercised by the employer...
Dentons Rodyk & Davidson LLP, 26 May 2016
SHC cautions that the threshold for a trade mark to be considered well-known in Singapore is not minimal and must be applied with caution to maintain the balance of rights
The case of Caesarstone Sdot-Yam v Ceramiche Caesar  SGHC 45 shows that competing marks must be compared as a whole when assessing similarity and the courts exercise greater caution in finding that a mark is well-known in Singapore…
Allen & Gledhill, 26 May 2016
An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award
The SHC in Mount Eastern Holdings Resources v H&C S Holdings  SGHC 01 dismissed the application to set aside the tribunal’s award, finding that there was no breach of natural justice…
Dentons Rodyk & Davidson LLP, 25 May 2016
Auction house Christie’s succeeds in opposing registration of competitor’s Chritrs mark
The opponent in Christie Manson & Woods v Chritrs Auction  SGIPOS 01 succeeded on the ground that the application mark was applied for in bad faith with the Registrar rejecting the other grounds...
Baker & McKenzie.Wong & Leow, 25 May 2016
SHC: Grant of security may be avoided as a transaction at an undervalue?
The SHC in Encus International v Tenacious Investment  SGHC 50 observed that it may be possible for the grant of security to amount to a transaction at an undervalue under s 98 Bankruptcy Act...
Allen & Overy LLP, 24 May 2016
SCA considers shipowner's liability under the concept of agency by estoppel
The SCA in The "Bunga Melati 5"  SGCA 20 discussed one of the established exceptions to the doctrine of privity of contract - the principle of agency...
Baker & McKenzie.Wong & Leow, 24 May 2016
SCA: Whether “third party security” has to be specified in a statutory demand
The SCA in Chan Siew Lee Jannie v ANZ  SGCA 23 held that a statutory demand issued to a guarantor would not be defective, as neither the Bankruptcy Act nor the Bankruptcy Rules require a petitioning creditor to specify the details of security...
Shook Lin & Bok LLP, 20 May 2016
Jail term for company director of "shell" company for Employment of Foreign Manpower Act offence
The company director was convicted for btaining work passes for foreign workers without the intention of employing them and subsequently not providing them with actual employment…
Baker & McKenzie.Wong & Leow, 13 May 2016
SHC declines section 216A application to take over conduct of on-going suit
The SHC in Chong Chin Fook  SGHC 24 held the application by a shareholder to take over the conduct of the on-going suit launched by the company had not been made in good faith, and to do so was not prima facie in the interests of the company...
Allen & Gledhill, 12 May 2016
Ser Kim Koi v GTMS Construction Pte Ltd: A timely reminder for architects
The SCA in Ser Kim Koi v GTMS Construction  SGCA 7 affirmed that the granting of temporary finality to an architect’s certificate is subject to certain conditions stipulated under cl 31(13) of the SIA Conditions…
Baker & McKenzie.Wong & Leow, 12 May 2016
SCA considers scope of “own name” defence in trade mark infringement claim
The SCA in The Audience Motivation Company Asia v AMC Live Group China  SGCA 25 held that AMC Live was not able to rely on the own name defence under s 28(1) of the Trade Marks Act as its use of its marks did not follow honest practices…
Drew & Napier LLC, 11 May 2016
SCA: Look out before you cross! A commentary on Asnah Bte Ab Rahman v Li Jianlin  SGCA 16
The SCA in this case, in a 2:1 split, held that a pedestrian, crossing a pedestiran crossing, had a duty to ensure that all vehicles have come to a stop even if the lights are in his favour...
Joseph Tan Jude Benny LLP, 11 May 2016
SCA clarifies what damages a tenant can claim when a landlord prematurely ends tenancy
The SCA in Alvin Nicholas Nathan v Raffles Assets  SGCA 18 held that a tenant could not claim both the costs of relocating from the original premises to the current premises and the wasted costs of renovating the original premises…
Lee & Lee, 10 May 2016
SHC holds that directors can be held personally liable for a company’s undue preference transactions
The SHC in Living the Link v Tan Lay Tin Tina  SGHC 67 held that defendant director can be held personally responsible for restoring the company to the position it would otherwise have been but for undue preference transactions...
Providence Law Asia LLC, 10 May 2016
Intellectual property update: Singapore, Malaysia and Indonesia
This executive summary compiles a selection of recent published cases relating to intellectual property in Singapore, Malaysia and Indonesia...
Rajah & Tann, 10 May 2016
SCA overturns decision of the high court and resolves ambiguity in employment contract in favour of the employer
The SCA in Hewlett-Packard Singapore v Chin Shu Hwa Corinna  SGCA 19 held that in construing a contract, the court had to take an objective interpretation of the terms and ask what a reasonable person in the position of the respective parties...
Baker & McKenzie.Wong & Leow, 06 May 2016
SHC: When does an arbitration clause prevail?
The SHC in Maybank Kim Eng Securities v Lim Keng Yong  SGHC 68 used its inherent powers to stay court proceedings pending the outcome of a related arbitration, even though this meant not giving full effect to an agreement for the exclusive...
20 Essex Street, 05 May 2016
SHC: Obtaining a judgment on the merits in Singapore for the purpose of enforcement overseas
The SHC in Seagate Technology International v Vikas Goel  SGHC 12 held that, because Indian law did not recognise a foreign judgment obtained by default, the most appropriate course of action was to adduce evidence in the normal course of trial and
Shook Lin & Bok LLP, 25 Apr 2016
SHC: Obtaining discovery against banks
The SHC in La Dolce Vita Fine Dining v Deutsche Bank  SGHCR 3 stipulated the criteria to fulfil to obtain pre-action discovery against a bank without breaching banking secrecy rules…
Rajah & Tann, 20 Apr 2016
Should the availability of the SICC impact forum non conveniens doctrine?
The SHC in Accent Delight International v Bouvier, Yves Charles Edgar  SGHC 40 dealt with the issue of whether the fact that a plaintiff's substantive claims may be unavailable under a foreign law which possibly applies to the dispute affect...
Singapore Law Blog, 19 Apr 2016
SHC dismisses businessman’s claim in negligence against his surgeon and medical centre
The SHC in Hii Chii Kok v Ooi Peng Jin London Lucien  SGHC 21 held that the proper standard to apply in medical negligence is that set out in Bolam and supplemented by Bolitho, which is applicable to diagnosis, advice as well as to treatment…
Allen & Gledhill, 18 Apr 2016
SHC lays down new principles in defamation law
The SHC in Isabel Redrup Agency v A L Dakshnamoorthy  SGHC 30 held that, for the purpose of extending absolute privilege to police reports, protecting police reports and complaints to authorities with absolute privilege could encourage false...
Allen & Gledhill, 15 Apr 2016
SHC grants plaintiff leave to bring s 216A derivative action
The SHC in Yeo Sing San v Sanmugam Murali & Anor  SGHC 14 held that the plaintiff had met the requirements of s 216A Companies Act, being the case was brought before the court in good faith and the action was prima facie in the interests of...
Allen & Gledhill, 12 Apr 2016
SCA: Derivative actions by shareholders not available for companies in liquidation
The SCA in Petroships Investment v Wealthplus  SGCA 17 held that the wording of s 216A Companies Act suggests that applications for leave to commence derivative actions only apply in the context of going concerns…
Rajah & Tann, 29 Mar 2016
Penalty clauses: The Singapore position vs the UKSC’s fine-tuned doctrine
The position adopted by Singapore, largely based on the authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company  AC 79, is compared with UKSC's Cavendish Square Holding BV v Makdessi and ParkingEye v Beavis  UKSC 67...
Rodyk & Davidson, 28 Mar 2016
SHC clarifies the extent and scope of liability of the developer, architect and main contractor of a construction project in a claim for building defects
The SHC in MCST Plan No 3322 v Mer Vue Developments  SGHC 38 held that the developer, architect and main contractor can rely on the defence of being independent contractors in a claim in tort against them for building defects...
WongPartnership LLP, 23 Mar 2016
SHC: When challenging an arbitral award becomes a challenge
The court in AUF v AGF  SGHC 305 held that the fact that a decision was not based squarely on the submissions or interpretation of the evidence championed by any of the parties was not by that mere fact alone sufficient to impugn or...
Rodyk & Davidson, 22 Mar 2016
SHC: There are two tracks to getting paid so be sure of the timelines under the adjudication track
Two High Court cases have further confirmed the position on timelines under the Building and Construction Industry Security of Payment Act: Tienrui Design & Construction v G & Y Trading and Manufacturing  SGHC 243 and Newcon Builders v...
Rodyk & Davidson, 22 Mar 2016
IPOS Case Summary: Christie Manson & Woods v Chritrs Auction  SGIPOS 01 (application mark registered in bad faith)
It was difficult to believe that the application mark was "a meaningless word that was invented by the Applicant as a means of coming up with a unique mark for his business”…
Intellectual Property Office of Singapore, 16 Mar 2016
SHC opines on without notice termination clauses in equity accumulator contracts
Tan Poh Leng Stanley v UBS AG  SGHC 17 dealt with the issue of whether certain derivative instruments, accumulators, purchased by the plaintiff-client of the defendant-bank could be closed out without notice…
Allen & Overy LLP, 15 Mar 2016
SHC holds that jurisdiction to remove and appoint trustees of a Muslim charitable trust resides solely with MUIS
The SHC in Mohamed Shariff Valibhoy v Arif Valibhoy  SGHC 11 held that it has no jurisdiction under the Trustees Act to remove and appoint trustees of a Muslim charitable trust; this jurisdiction resides with MUIS under the Administration of...
Allen & Gledhill, 11 Mar 2016
CCS clears proposed acquisition relating to digital storage solutions
The CCS concluded that the proposed transaction was unlikely to lead to a substantial lessening of competition within the market for the global supply of interface-specific Enterprise Solid State Drives to customers globally…
Allen & Gledhill, 10 Mar 2016
Latest developments: International arbitration; employment law; real estate
This executive summary discusses the Privy Council case of Anzen v Hermes One Limited  UKPC 1, the High Court decision of Piattchanine, Iouri v Phosagro Asia  SGHC 259 and Haneda Construction & Machinery Pte Ltd v Huttons Asia  SGHC 294.
Morgan Lewis Stamford LLC, 09 Mar 2016
SHC: Breaches of fiduciary duties and employment duties do not necessary constitute “serious misconduct”
The SHC in Iouri Piattchanine v Phosagro Asia found that breaches by an employee of his fiduciary duties, as well as his express and implied duties of employment were nonetheless insufficient to justify his summary dismissal by his employer...
Linklaters, 09 Mar 2016
SHC: Unravelling the unwind of accumulator contracts
The SHC in Tan Poh Leng Stanley v UBS  SGHC 17 held that there was an oral agreement to unwind the accumulators outside of the ISDA Master Agreement and the requirement to give notice of the unwind under Agreement was not applicable...
Linklaters, 09 Mar 2016
There is currently no update in this section. Please check back soon for the latest updates.
Steady progress in IP cooperation between Singapore and Cambodia, expediting quality patent grants
The MOU between the two countries aims to make protection of IP more accessible to businesses and creators with closer tie-ups between the IP regimes of the two countries...
Allen & Gledhill, 24 May 2016
IPOS launches Mediation Promotion Scheme to fund IP mediation
The objective is to encourage parties in IPOS proceedings to opt for mediation by funding parties’ mediation costs up to S$5,000 per mediation case…
Allen & Gledhill, 20 May 2016
Latest developments: Healthcare
This executive summary looks at the US agencies' draft streamlined clinical trial protocol template to help investigators, changes to Singapore's import declaration requirements for health products…
Baker & McKenzie.Wong & Leow, 20 May 2016
Singapore's 2016 Budget: Tax implications for the wealth management industry
This executive summary hightlights the changes relating to the wealth mangement industry including extending and refining the tax incentive scheme for trustee companies, introducing the Business and Institutions of Public Character Partnership Scheme…
Baker & McKenzie.Wong & Leow, 16 May 2016
Proposed changes to employee benefits: A summary
The latest legislative changes cover parental benefits which enhance the position of fathers, adoptive and unwed mothers, and re-employment policy changes which encourage the hiring of older workers...
Allen & Gledhill, 16 May 2016
MAS establishes FinTech Office, announces upcoming public consultation on regulatory sandbox, and organises Singapore FinTech Festival
The FinTech Office will coordinate a whole-of-government approach to develop the FinTech ecosystem in Singapore and support MAS’ vision of fostering a Smart Financial Centre…
Rajah & Tann, 13 May 2016
New Double Taxation Agreement in force between Luxembourg and Singapore
The DTA is expected to enhance trade and investments between the two Contracting States by reducing and/or eliminating withholding taxes on passive income and by improving the tax treatment of income derived from the shipping and...
Luther LLC, 13 May 2016
PDPC enforcement actions: Three lessons for your organisation
This executive summary provides steps to adopt for pre- and post-data breaches in light of the Personal Data Protection Commission's enforcement actions against organisations for breaching their data protection obligations…
Linklaters, 12 May 2016
Trans-Pacific Partnership Agreement (TPP): Anti-corruption principles
The TPP seeks to enhance trade and investment through, among other things, raising standards amongst the parties. This executive summary highlights TPP standards on anti-corruption from Chapter 26 of the TPP on Transparency and Anti-Corruption...
Baker & McKenzie.Wong & Leow, 11 May 2016
This executive summary covers the early stages of insolvency – identifying the warning signs, and the legal tests for when a company is deemed to be insolvent…
Clyde & Co, 10 May 2016
Block chain – the biggest thing since the internet?
Block chain is best known as the technology which underpins Bitcoin which provides huge application potential in the areas of finance, government, smart contracts and asset tracking but faces limitations with its heavy reliance on huge processing power…
RHTLaw Taylor Wessing LLP, 09 May 2016
New leave enhancements for father and adoptive mothers from 2017
Additionally, working mothers will be able to share up to four weeks of their paid maternity leave with their husbands for children born from 1 July 2017…
Baker & McKenzie.Wong & Leow, 06 May 2016
ASEAN Common Prospectus Framework – how will this attract and influence equity fund raising?
The Framework seeks to reduce the time taken for ASEAN issuers to offer cross-border securities and also facilitates rapid access for issuers to tap capital across ASEAN.
Shook Lin & Bok LLP, 06 May 2016
PDPC issues report on enforcement actions taken against errant companies and new advisory guidelines on enforcement
PDPC also issued a new set of Advisory Guidelines on Enforcement of the Data Protection Provisions, providing greater clarity on the Commission’s approach to enforcement actions…
Rajah & Tann, 05 May 2016
Joint tenancy - an independent doctrine of ownership or merely a tenancy in common in waiting?
This executive summary shows how a joint tenancy can be divided into specified shares…
RHTLaw Taylor Wessing LLP, 05 May 2016
Benchmark sentences for NS overseas defaulters with a substantial connection to Singapore
The SHC in PP v Chow Chian Yow Joseph Brian  2 SLR 335 clarifies the sentencing guidelines for National Service overseas defaulters and affirms that the sentencing of such NS overseas defaulters is generally premised on the fair share argument…
RHTLaw Taylor Wessing LLP, 03 May 2016
The Trans-Pacific Partnership and intellectual property: Potential changes in Singapore, Malaysia and Vietnam
This executive update gives a snapshot of the level of compliance of the current laws of Singapore, Malaysia and Vietnam with the IP provisions of the TPP, and provide some examples of areas where changes may be forthcoming in future....
Rajah & Tann, 03 May 2016
Fair play and match fixing: A dialogue on Tan Seet Eng v Attorney-General
Two lawyers, Calvin Liang and Tham Lijing discuss Tan Seet Eng v Attorney-General…
Law Society of Singapore, 03 May 2016
A primer on the simplified civil process for Magistrate’s Court cases
This executive summary dissects O 108 Rules of Court governs all civil proceedings before the Magistrates’ Courts and provides a simplified process to facilitate the fair, expedient, and inexpensive determination of small value claims…
Law Society of Singapore, 29 Apr 2016
Cyber security 101 - Singapore
This executive update looks at the key legislation governing cyber security in Singapore, the main actors in this field, their motivations and methods, and defences against cyber attacks...
RHTLaw Taylor Wessing LLP, 29 Apr 2016
2016: A manpower-lean and productive economy, with a strong Singaporean core
This executive summary will provide a brief summary of these policy thrusts and other key announcements put forward by the Ministry of Manpower during the Committee of Supply debate…
Rajah & Tann, 29 Apr 2016
SGX consults on rule amendments to introduce new derivatives trading and clearing system SGX Titan
SGX Titan is scheduled to replace QUEST-DT, its current derivatives trading system and SGXClear, its current clearing system for all derivatives…
Allen & Gledhill, 29 Apr 2016
New measures to strengthen the local workforce announced in Parliament
The new measures to be put into place will include refining the processing of Employment Pass applications, as well as providing further assistance to unemployed Singaporeans and the employers who hire them…
WongPartnership LLP, 21 Apr 2016
MinLaw and IPOS complete review of Singapore’s registered designs regime
The review recommendations aim to enhance the existing registered designs regime to better support Singapore’s economic and design initiatives, including a broader scope of design protection, the designer of a design is the default owner…
Allen & Gledhill, 18 Apr 2016
Latest developments: Data protection
This executive summary looks at the emergence of new regulatory instruments and frameworks in APAC and in Europe, as courts, governments, and regulators continue to grapple with rapid advancements in new technologies and their implications...
Drew & Napier LLC, 15 Apr 2016
Budget 2016 – Tax Updates
This executives summary highlight the tax changes announced in Budget 2016 including the new Automation Support Package which was introduced to boost the productivity of Singapore’s economy…
Rajah & Tann, 14 Apr 2016
The Panama Papers leak: Implications for organisations and individuals in Singapore
The leakage of some 11.5 million documents from Mossack Fonseca has served to refocus the attention of regulators and enforcement agencies on the fact that offshore companies continue to be widely and extensively used as a means to hold assets securely...
Shook Lin & Bok LLP, 12 Apr 2016
CCS accepts Singapore-specific commitments and clears proposed merger of airfield lighting suppliers
The CCS cleared ADB BVBA's proposed acquisition of Safegate International AB after accepting the commitments provided by the Parties to address potential competition concerns…
12 Apr 2016
CCS penalises 10 financial advisory companies for pressuring the withdrawal of a competing life insurance offer
CCS found that there was general agreement during a meeting and subsequent further coordination among the parties to pressurise the Company to withdraw its Fundsupermart Offer within a few days of launching the offer…
Allen & Gledhill, 11 Apr 2016
New initiatives for the growth of the Singapore fund management industry
The Open-End Investment Companies programme provides a more efficient fund administration structure for asset managers, which allows for an umbrella fund structure containing several sub-funds to be set up…
Colin Ng & Partners, 11 Apr 2016
SGX proposes mandatory minimum allocation of 10% of total offer size to public subscription tranche of IPOs
The proposed changes will impact not only companies but also, with the necessary adaptations, business trusts and real estate investment trusts seeking a listing on the Mainboard…
Allen & Gledhill, 06 Apr 2016
Key changes to Singapore employment landscape in 2016
This update seeks to highlight some of the main changes expected to come into effect this year, namely, the requirement for employers to issue itemised payslips, issue key employment terms in writing and maintain employment records and...
Colin Ng & Partners, 06 Apr 2016
When is a contract for the sale of goods not a contract for the sale of goods?
Is a ship owner who contracted to purchase bunkers from an OW entity liable to pay that OW entity for the bunkers; or should payment be made to the entity further up the supply chain, or both?...
Shook Lin & Bok LLP, 31 Mar 2016
The difference between a warranty and an indemnity
This article discusses the key differences between warranties and indemnities in relation to the sale and purchase of shares. It is crucial to seek the most appropriate form of contractual protection as a buyer…
Colin Ng & Partners, 30 Mar 2016
Quistclose trusts – what they are and how to use them
A quistclose trust may have application in an urgent bridging transaction where time does not permit traditional forms of security to be set up…
Colin Ng & Partners, 29 Mar 2016
Protective trusts - How to protect your children from opportunists and gold diggers
This executive summary looks at how a trust can be set up to ensure that the trust property or the capital constituting the trust property is held securely by thet tustee for the benefit of the beneficiaries…
Colin Ng & Partners, 28 Mar 2016
Singapore ratifies Convention on Mutual Administrative Assistance in Tax Matters
The ratification of the Convention expands Singapore’s network of partners for exchange of information on request by 34 jurisdictions…
Allen & Gledhill, 28 Mar 2016
SCMA Rules 3rd edition (October 2015) – A commentary on the recent amendments
Notable changes broadly deal with suggested model clauses; small claims procedure for claims not exceeding US$150,000; and default positions with respect to applicable laws, the juridicial seat of arbitration, the physical place of the arbitration...
Rodyk & Davidson, 24 Mar 2016
Some observations on the new model constitution for a private company limited by shares
This executive summary discusses the need for private companies to update their regulations by adopting a new constitution to replace the memorandum and articles of association and comments on the model constitution recently enacted...
Colin Ng & Partners, 24 Mar 2016
MAS consults on draft revised MAS Notice 643 on Related Party Transaction Requirements
Proposed key changes to the RPT requirements include requiring banks to ensure that their RPTs are conducted at arm’s length can be satisfied by establishing and implementing the appropriate RPT policies and procedures...
Allen & Gledhill, 24 Mar 2016
Share buybacks – secret weapon?
Share buybacks may play a role of increased importance as continued weakness in the stock market is met with increasing protests from management that selling is overdone and shares are undervalued…
Shook Lin & Bok LLP, 23 Mar 2016
SGX consultation paper on sustainability reporting
SGX intends to introduce sustainability reporting on a “comply or explain” basis, giving issuers the opportunity to explain their individual practices and reasons for deviating from specified requirements…
Allen & Gledhill, 18 Mar 2016
SGX revises calculation methodology for MTP requirement and extends time for issuers with securities price falling below S$0.20 to comply with MTP requirement
SGX has revised the calculation methodology of the six-month volume weighted average price to align it with that of international data companies…
Allen & Gledhill, 18 Mar 2016
SGX revises forms of directors’ and executive officers’ undertakings to comply with Listing Rules
Listed issuers have up to 30 April 2016 to procure the requisite undertakings based on the revised forms…
Allen & Gledhill, 16 Mar 2016
SIAC announces public consultation on draft Investment Arbitration Rules
The draft IA Rules aim to provide an alternative, bespoke set of procedures to the SIAC Arbitration Rules on such issues as submissions by non-disputing parties, disclosure of third party funding arrangements, early dismissal of claims and confidentiality
Allen & Gledhill, 11 Mar 2016
Singapore take-over code revised
Key changes to the Code include clarifying that in a competitive situation the offer timetables will be aligned to that of the latest offer; prescribing a default auction procedure, if neither offeror has declared its final offer price in the later stages
Drew & Napier LLC, 04 Mar 2016
Basel Committee on Bank Supervision - General Guide to Account Opening
The latest revised version appears as a new Annex 4 to the Basel Committee’s Guidelines on Sound Management of Risks related to Money Laundering and Financing of Terrorism which takes into account the significant enhancements recommended by...
Shook Lin & Bok LLP, 04 Mar 2016
Consultation on the establishment of an employment claims tribunal to address salary-related claims
The Employment Claims Tribunal will address salary-related claims for all employees; currently, the present position requires employees not covered by the Employment Act to seek recourse for their salary-related claims with the civil courts…
WongPartnership LLP, 03 Mar 2016
The Asian Infrastructure Investment Bank opens: Early indications for the construction industry
With the promise to facilitate sustainable economic growth, improve infrastructure networks, and create wealth in Asia, this executive summary analyses what the introduction of the AIIB may mean for the construction industry and the region…
Clyde & Co, 29 Feb 2016
[GBR] UK Supreme Court Press Summary: Cargill International v NYK Bulkship (Atlantic)  UKSC 20 (whether third party is charterer's agent)
“Agents” is not used in its strict legal sense, but is used to refer to persons or subcontractors to whom the charterers’ rights are made available further down the chain, or who satisfy the time charterers’ obligations that have been delegated to them…
UK Supreme Court, 16 May 2016
[AUS] High Court of Australia Judgment Summaries: Attwells & Anor v Jackson Lalic Lawyers Pty Limited  HCA 16 (legal professional immunity from suit)
A majority of the HCA held that the advocate's immunity from suit does not extend to negligent advice given by a lawyer which leads to the settlement of a case by agreement between the parties embodied in consent orders…
High Court of Australia, 12 May 2016
[GBR] Predictive coding in the e-disclosure process
The EWHC in Pyrrho Investments v MWB Property  EWHC 256 (Ch) approved the use of predictive coding software in the e-disclosure process. Predictive coding could lead to significant costs savings...
Clyde & Co, 31 Mar 2016
[GBR] “All’s well that ends well”: measure of damages and mitigation in the spotlight
The EWCA in Bacciottini v Gotelee and Goldsmith  EWCA Civ 170 held that in circumstances where the claimants had successfully mitigated their position at a cost of just £250 and in a straightforward manner, the court agreed that their claim...
Clyde & Co, 30 Mar 2016
[GBR] Investing in the UK: New rules require public disclosure of ultimate owners of unlisted UK companies
From 6 April 2016, UK-incorporated companies and limited liability partnerships will be required to maintain a register of persons having significant control over them, known as a “PSC register”…
Allen & Gledhill, 16 Mar 2016
[GBR] Without prejudice privilege may apply to communications with regulator
Property Alliance Group Ltd v Royal Bank of Scotland plc  1 WLR 361 also provides guidance to financial institutions on how privilege may be maintained over documents and communications exchanged in the context of regulatory investigations…
Drew & Napier LLC, 15 Mar 2016
[INT] Technology, media and telecommunications quarterly regional update: A snapshot of the past year & a look ahead
This executive summary aims to highlight the significant TMT-related legal developments in the ASEAN region, as well as in the key economies across the world…
Rajah & Tann, 10 Mar 2016
[EU-[USA] EU-US Privacy Shield – New framework for personal data transfers from the EU to the US
The Privacy Shield outlines the framework that will replace the invalid Safe Harbour framework and reflects the requirements set out by the Court of Justice of the European Union in the Schrems ruling in October 2015…
Rajah & Tann, 08 Mar 2016
[GBR] UK Supreme Court Press Summary: Mr A M Mohamud v WM Morrison Supermarkets  UKSC 11 (whether employer was vicariously liable for employee's actions)
The UK Supreme Court allowed the claimant's appeal and held the respondent vicariously liable. The close connection test has been followed at the highest level and there is nothing wrong with it as such…
UK Supreme Court, 04 Mar 2016
[INT] Foreign traders and their hunt for goodwill in passing off
The UK Supreme Court' decision in Starbucks (HK) Ltd v British Sky Broadcasting Group  UKSC 31 affirms that common law remains divided over foreign traders’ hunt for goodwill in domestic markets…
Law Society of Singapore, 03 Mar 2016
[INT] OW Bunkers – Is there an end in sight?
Many parties have been waiting for a decision in the UK test case the "Res Cogitans" for guidance. Following the decision of the UK Court of Appeal in this matter, the UK Supreme Court has just granted permission that a final appeal should go ahead...
Clyde & Co, 01 Mar 2016
[INT] Hague Convention on Choice of Court Agreements: Courting the freedom of choice
This executive summary explores the implications of Singapore’s signing and proposed implementation of the Hague Convention, which strengthens the enforceability of Singapore court judgments abroad and facilitates a more conducive legal environment
Law Society of Singapore, 29 Feb 2016
Supreme Court Note
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