SMU Lexicon: Negotiating Damages for Breach of Contract: Morris-Garner v One-Step (Support) Ltd [2018] UKSC 20

Reading Time: 16 minutesIntroduction At the quantification stage in breach-of-contract claims, claimants must sometimes think out of the box. Where no loss has been suffered or loss is hard to prove, one solution is to argue for “negotiating damages”, or damages for breach of contract assessed by reference to the sum a claimant could hypothetically have received in […]

The importance of the use of languages in determining the intended coverage of arbitration clause

Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]

Vietnam: Work Permit – The Key Point in Resolving Labour Disputes with Foreign Employees

Reading Time: 9 minutesOne of the requirements for foreigners to work in Vietnam is to be granted a work permit by the competent Vietnamese authorities (Article 169.1.(d) of the 2012 Labor Code).  However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labor contracts with foreign employees without […]

5 Times when the Non-Compete Clauses in your Employment Contract Probably Aren’t Enforceable

Reading Time: 3 minutesNon-compete clauses are quite common in employment contracts for certain industries in Singapore. They typically seek to restrict an employee’s right to engage in a similar occupation with a competitor for a period of time after the termination of the employment contract. However, what many employers who include such clauses are not aware of is […]

SMU Lexicon: The Protection of Contractual Interest – A Comparison between Singapore and Taiwan

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 […]

NDA_asia law network
What do you need to know about Non-Disclosure Agreements (NDAs) in Singapore?

Reading Time: 6 minutesIt’s not rare to keep valuable, or even potentially embarrassing information under wraps. In fact, it should be the norm. In early 2017, as the South Korean technology company, Samsung, began to roll-out its new Samsung Galaxy S7 Edge, local online media outlet, Mothership, reported that a Singaporean man was asked to sign a Non-Disclosure Agreement […]

5 Legal Tips for Your Esports Team Business

Reading Time: 6 minutesAre you looking to start an esports team? In this final article of a two part series on eports and law by video games and entertainment lawyer, Adrian Kwong, we look at things from the perspective of someone on the business side, such as a team owner or manager. In the first article, I touched […]

employment_asialawnetwork
When can a company or employer be responsible for an employee’s misdeeds?

Reading Time: 4 minutesIn most cases, a company is more powerful than its employee. As Uncle Ben in the movie Spider-Man said, “With great power comes great responsibility”. In situations where an employee makes a mistake that injures a third party, the employer (i.e. the company) could be held responsible even it did not know of the employee’s […]

a guide to affidavits_asia law network
A Guide to Affidavits

Reading Time: 4 minutesWhat is an affidavit? If you’ve always been curious about this odd-looking, strange-sounding word, you’re probably in good company! After all, the word ‘affidavit’ would hardly be used outside of legal proceedings! To put it simply, an affidavit, or what is sometimes also called a witness statement, is a written statement of the facts in […]

A Guide to Sub-Contracts in the Building and Construction Industry

Reading Time: 4 minutesIn 2018, the construction demand in Singapore was projected to increase to up to $31 billion. This growth of the building and construction industry in Singapore is accompanied by an increasing complexity in the design and architecture of the buildings, such as the increasing emphasis on high-rise greenery coverage. This means that it is likely […]

governing law and contracts_Asia Law Network
Governing Law & Contracts: Why You Should Never Forget It!

Reading Time: 4 minutesContractual disputes can flare up at any time Contracts are everywhere in our lives – from employment contracts to taking out a bank loan – we consent to the terms and conditions of the agreements we sign, and we are bound to honour each agreement to the best of our abilities. But occasionally, there will […]

coworking space_Asia Law
Coworking Spaces and Letter of Demand

Reading Time: 3 minutesCoworking Spaces: A Brief Tour The rise of the cowork space signals a change in the tide relating to commercial work space and a fresh look at traditional working methods. We would like to take you on a brief tour of the cowork space landscape in Singapore. It is useful to note that the cowork […]