Press Release: Withers appoints Joel Shen as Partner as part of Withers tech Asia expansion

Reading Time: 2 minutesInternational law firm Withers has further strengthened its Withers tech Asia and Singapore corporate practice with the promotion of technology and venture capital specialist Joel Shen to Partner in Singapore amidst growing momentum in fintech and venture capital investments across Southeast Asia. Joel specialises in advising technology companies, funds and private investors from set-up, funding, […]

infographic showing the process from bill to law
From Bill to Law: Singapore’s Legislative Process

Reading Time: 2 minutesOn Monday (1 February 2021), the Electronic Transactions (Amendment) Bill was tabled for a second reading in Parliament. The Bill aims to amend the Electronic Transactions Act to be more aligned to the UNCITRAL Model Law on Electronic Transferable Records adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 13 July 2017.  […]

The Welfare of the Child is Paramount: How An Adoption Order Passed Without Consent Of Biological Parents

Reading Time: 4 minutesThis article was written by Shriveena Naidu and Philippa Hewitt from Withers KhattarWong. The cornerstone of family law in Singapore is that the welfare of the child is paramount.  This was reiterated in the recent decision of Re B [2020] SGFC 46 (“Re B“). In Re B, the Family Court in Singapore made the surprising […]

The burning question – the effect of Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd on non-SIA contracts and terminated contracts

Reading Time: 5 minutesThis article is co-written by Ms. Danna Er and Ms. Nur Liyana Kamaludin. I.            Introduction In Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36 (“Far East Square”), the Court of Appeal held that a payment claim submitted after the issuance of the architect’s Final Certificate would be invalid regardless […]

Notes from the Bar – who bears the loss of cyber fraud?

Reading Time: 5 minutesCyber fraud and the hacking of email accounts is an increasingly common occurrence nowadays.  The shipping and international trade industries, where large sums of money are regularly remitted, has become an increasingly attractive target for cyber fraudsters.  The question that arises where there is cyber fraud and monies are intercepted while in transit between payor […]

A Bank Can Be Liable If It Acts On The Fraudulent Instructions Of A Customer – The Singularis Saga

Reading Time: 4 minutesThe UK Supreme Court (“UKSC”) in Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, recently upheld the decisions of the Court of Appeal (“CA”) and High Court (“HC”) in finding that a bank had breached its Quincecare duty of care owed to a company who was the bank’s […]

Cambodia: Legal Update November 2019

Reading Time: 2 minutesTRUSTS SERVICE FEES FOR THE REGISTRATION OF TRUSTS, Prakas № 854 of the Ministry of Economy and Finance (“MEF”), 30 September 2019. The purpose of this Prakas is to determine the level of fees for the registration of trusts in Cambodia. The registration and renewal fees include administrative and annual certification fees, the respective amounts […]

Regional Law: ASEAN Employment Legal Update

Reading Time: 10 minutesDFDL’s Employment Practice Group is dedicated to advising clients on employment and labor issues and preparing human resources documentation that is compliant with local laws. Our employment team’s in-depth knowledge of the law and practices in the countries where we operate allows us to provide specialized, tailored, and practical advice on issues that arise in […]

SMU Lexicon: Updating and Rectifying the Constitution: Wong Souk Yee v Attorney-General

Reading Time: 6 minutesI.   Introduction The High Court in the recent matter of Wong Souk Yee v Attorney-General[1] introduced techniques of statutory interpretation heretofore absent from Singapore constitutional law. In interpreting Article 49(1) of the Constitution of the Republic of Singapore[2] (“the Constitution”), Chua Lee Ming J (“Chua J”), faced with a seemingly conflicting provision in s 24(2A) […]

Cambodia: Legal Update September 2019

Reading Time: 2 minutesREINSURANCE BUSINESS LICENSING REINSURANCE ACTIVITIES IN CAMBODIA, Prakas № 323 of the Ministry of Economic and Finance (“MEF”), dated 20 March 2019. Pursuant to Article 41 of the Insurance Law (“Insurance Law 2014”) dated 4 August 2014, insurance activities in Cambodia are categorized into four types including (i) life insurance, (ii) general insurance, (iii) reinsurance […]

SMU Lexicon: The Impact of TFL Management v Lloyds Bank and Relfo v Varsanion Requirements of Enrichment and “At the Claimant’s Expense”

Reading Time: 20 minutesI. Introduction Under the seminal House of Lords decision of Banque Financiere de la Cite v Parc (Battersea), a claimant can make a claim in unjust enrichment if the following elements are shown:[1] The defendant has been enriched; The enrichment was at the claimant’s expense; The enrichment was unjust; and There are no defences. The […]

SMU Lexicon: Singapore’s Approach Towards Adopting the Multi-Factorial Approach in Insolvency Proceedings

Reading Time: 5 minutesIntroduction In cross-border insolvency, there are two contrasting approaches. On the one hand, there is the territorial approach, focused primarily on the interest of the local creditors.[1] On the other, there is the universal approach, where one court leads the administration of the insolvency proceedings, and other courts cooperate with the main action.[2] For the […]