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Hong Kong: Who shall bear the burden of proof in cargo damage claims?
Business,Hong Kong,Maritime,Regional Law

Reading Time: 7 minutesIntroduction In a recent case Volcafe v CSAV [2018] UKSC 61, the Supreme Court of the United Kingdom (the “Supreme Court”) discussed for the first time as to who shall bear the burden of proof in cargo damage claims against the shipowner under the Hague Rules. Facts Background The Claimants, who are the cargo owners and bill […]

Myanmar Legal Alert: The Central Bank of Myanmar Introduces Market-Based Reference Exchange Rate
Business,Myanmar,Regional Law

Reading Time: 2 minutesBy way of recently issued Instruction No. (5 /2019), the Central Bank of Myanmar (“CBM”) has announced that on a daily basis it will begin to publish the Reference Exchange Rate (“RER”) of Myanmar Kyat (“MMK”) to the US Dollar (“USD”). The RER will be based on transactions conducted on foreign exchange markets. The RER […]

Singapore Trade Marks – United U-Li Projects Pte Ltd Succeeds on 2 out of 4 Invalidation Grounds – United U-Li Projects Pte Ltd V Tan Buck Hai [2018] SGIPOS 19
Business,Business Advice,Intellectual Property

Reading Time: 10 minutesIn a decision rendered by the Intellectual Property Office of Singapore (“IPOS”), it was held that United U-Li Projects Pte Ltd’s application for invalidation succeeded on two out of four grounds pleaded in their case whilst cross-invalidation by Tan Buck Hai was previously dismissed. (A) Who are the parties involved in this case? (a) United […]

Hong Kong Legal Update: What happens when a creditor petitions to wind up a company already subject to an unfair prejudice petition?
Business,Business Advice,Hong Kong,Regional Law

Reading Time: 5 minutesIntroduction In a recent Court of First Instance case Li Fu Hua (also known as Denise Li) v Chen Ching Chih (陳清治) and another HCMP 1374/2018, [2018] HKCFI 2786, the court has to deal with the situation where a creditor filed a winding up petition (on ground of insolvency) against a company in respect of which a […]

SMU Lexicon: The Protection of Contractual Interest – A Comparison between Singapore and Taiwan
Business,Legal Contracts,Legal Updates

Reading Time: 9 minutesIntroduction This paper will compare the contract laws of Singapore and Taiwan in the following areas: the extent to which contractual performance interest is protected; and how remedies of breach of contract are justified and awarded. Sources of contract law in Singapore and Taiwan  Singapore as a former British colony The law of contract in […]

Why Get Married? And What Happens if the Relationship Goes South Quickly Post Marriage?
Marriage,Personal

Reading Time: 6 minutesMany Singaporeans have dreams of that perfect wedding – in a beautiful church with the bride dressed in white, with the heartiest of celebrations and yum sengs through the night. However, after the party is over and the haze from a night of celebration fades, where the couple finds themselves is at the start of […]

Myanmar Legal Update: CBM Allows 35% Foreign Equity Investment in Local Private Banks
Business,Business Advice,Myanmar,Regional Law

Reading Time: 2 minutesIn a recent order of the Central Bank of Myanmar (“CBM”), it was announced that foreign banks and financial institutions would be allowed to have 35% equity investment in local private banks. As a corollary, local banks having a foreign equity injection up to the above mentioned limit would now be allowed to operate in […]

The cost of litigation: Is it worth it?
Business,Business Advice,Intellectual Property

Reading Time: 4 minutesWith globalization, more and more small to medium sized companies (“SMEs”) in developing companies have proven to be worthy opponents to the larger, more established MNCs (“multi-national corporations”). How so? With the spirit of entrepreneurship, these SMEs are now producing similar goods and services at much lower costs than those offered by the MNCs. From […]

An Intellectual Property Law perspective on Open Source Software Licences
Business,Business Advice,Intellectual Property

Reading Time: 4 minutesIntroduction Open source software generally describes software with publicly available source codes, which third parties can access, modify and re-distribute. In comparison, the source codes of closed source software are not disclosed to the public or disclosed only in limited circumstances, and on strict obligations of confidentiality. By being freely available and constantly tested by […]

Hong Kong Regional Update: A second chance – principles governing the reversal of a guilty plea
Hong Kong,Regional Law

Reading Time: 4 minutesIntroduction In some rare scenarios where a defendant is legally represented but is not properly advised by his legal representatives before making a guilty plea (or a defendant is unrepresented), the defendant may find himself in need of making an application to reverse his plea on the ground that when the guilty plea was made, […]

Personal

Writing Scathing Online Reviews – Can you get sued?

Reading Time: 3 minutesHave you ever had a meal at a restaurant or a hair-dye so bad that you were tempted to immediately jump on TripAdvisor, Burpple or other reviewing sites to write about that waitress who spilt hot tea on you and didn’t apologise, or the hairdresser who dyed your hair an entirely different shade from what […]

Business

Hong Kong: Who shall bear the burden of proof in cargo damage claims?

Reading Time: 7 minutesIntroduction In a recent case Volcafe v CSAV [2018] UKSC 61, the Supreme Court of the United Kingdom (the “Supreme Court”) discussed for the first time as to who shall bear the burden of proof in cargo damage claims against the shipowner under the Hague Rules. Facts Background The Claimants, who are the cargo owners and bill […]

Gabriel The

Gabriel The (pronounced TAY) is passionate about building a mission-driven company with a clear and focused goal to make significant impact in people’s lives. He runs marketing at AsiaLawNetwork and also leads content strategy.

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