SMU Lexicon: Reversing a Bankrupt’s Transfer

Reading Time: 8 minutesIntroduction Let’s say you are an investor. You enter a joint investment with a friend and lend him $100,000. Sadly, the joint venture fails, and to make matters worse, your friend has gone bankrupt and transferred half of your money to his wife. Can you get your money back? Unfortunately, once he is declared bankrupt, […]

Doing business with foreign companies safely

Reading Time: 8 minutesI. Introduction In any business, careful risk management is crucial to protecting your profits. One major and often overlooked risk is litigation risk, especially overseas litigation risk. This article will address the litigation risk that a Singaporean company may face when doing business with a foreign counterparty that fails to uphold its contractual obligations. II. […]

SMU Lexicon: Amicus Briefs in the WTO: An Uneasy Compromise

Reading Time: 16 minutesI. Introduction An amicus curiae means a “friend of the court” who, though not a party to a lawsuit, provides the court with information or a brief because of his strong interest in the dispute.[1] Since the Appellate Body (“AB”) of the World Trade Organisation (“WTO”) decided that panels may accept amicus curiae briefs in […]

[Part 2] Ban Jiun Ean shares about his return to the legal industry

Reading Time: 7 minutes“The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future” In the previous issue of Ban Jiun Ean’s interview, he shared with us his reasons for studying law and his motivations to move to the creative industry. Read on […]

[Part 1] From Legal to Creative Industry…Ban Jiun Ean, Executive Director of Singapore Mediation Centre

Reading Time: 6 minutesMr Ban Jiun Ean began his tenure as Executive Director of the Singapore Mediation Centre on 1 July 2019. “The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future.” In this 2-part series, a firm believer in the value […]

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 […]

Lawyer Feature: Book ‘Resolving Disputes’ by Anil Changaroth of ChangAroth Chambers LLC

Reading Time: 5 minutesAs Singapore gears up to position herself as a Dispute Resolution Hub, the industry is paying greater attention to alternative means of dispute resolution. This week, we get the chance to chat with Anil Changaroth, author of the book “Resolving Disputes: A guide to the options for Appropriate Dispute Resolution (ADR)”. Anil is the Managing […]