donees_asialawnetwork
Cambodia Legal Alert: Certain Foreign Organizations and Agencies Exempt From Implementation of Prakas 442 and 443

Reading Time: 1 minutesFollowing the issuance of Prakas 442 on the Payment of Wages dated 21 September 2018 and Prakas 443 on Seniority Payments dated 21 September 2018, the ministry of Labour and Vocational Training (“MLVT”) issued official Guideliens 044/19 on the Implementation of Prakas 442 and 443 for Personnel of Foreign Missions, Agencies of the United Nations […]

Indonesia: Churchill Mining PLC v. Republic of Indonesia: ICSID Annulment Committee’s Decision Favors Indonesia

Reading Time: 4 minutesBACKGROUND On 18 March 2019, in the case of Churchill Mining Plc And Planet Mining Pty Ltd v Republic Of Indonesia, the ICSID Annulment Committee (“Committee”) has dismissed Churchill Mining PLC and Planet Mining PTY LTD’s[1] (“Applicants”) application to annul the award rendered on 6 December 2016. The dispute arose due to the revocation of […]

Vietnam Legal Update: Proposed New Solar Feed-In-Tariff

Reading Time: 4 minutesOn 22 February 2019, the Ministry of Industry and Trade of Vietnam (the “MOIT”) publicized a draft Decision (the “Draft Decision”) that will replace Decision No. 11/2017/QD-TTg issued by the Prime Minister of Vietnam dated 11 April 2017 ( “Decision 11”) on mechanisms to encourage the development of solar power projects in Vietnam. The Draft […]

hosptial_asialawnetwork
Intellectual Property News: Cicada Cube Pte Ltd V National University Hospital (Singapore) Pte Ltd

Reading Time: 8 minutesIn a decision rendered by Singapore’s Court of Appeal, the highest court in Singapore clarified the position for joint ownership in contested patents. (A) Who are the parties involved in this case? (a) Cicada Cube Pte Ltd (“Appellant”, also referred to as Cicada) Cicada is a Singapore-incorporated software engineering company and is the registered proprietor of the […]

Cannabis is now legal in Thailand for medical use and research

Reading Time: 5 minutesWhat do investors need to know about it? The latest amendment to the Narcotics Act, effective as of 18 February 2019, allows only the distribution and possession of cannabis for study and medical purposes and in limited quantities. The use or possession of cannabis for purposes other than the ones mentioned above is still prohibited […]

Commentary: Deferred Prosecution Agreements in Singapore

Reading Time: 7 minutes(A) DPA in Singapore? In a 16 January 2018 Business Times article, it was reported that Minister for Home Affairs and Law K Shanmugam announced that there is a possibility of Deferred Prosecution Agreements (“DPAs”) being offered in Singapore to corporations if they abide by specific requirements. Mr Shanmugam said at the Modernising Criminal Justice: […]

SMU Lexicon: Getting to the Root of the Problem: Written Representations to the Select Committee on Deliberate Online Falsehoods

Reading Time: 24 minutesIntroduction It is acknowledged that deliberate online falsehoods present a real and pressing danger in today’s world. As set out in the Ministry of Communications and Information and Ministry of Law’s Green Paper on “Deliberate Online Falsehoods: Challenges and Implications” (“Green Paper”), the impact of online falsehoods can be significant.[1] However, the motivations that drive […]

SMU Lexicon: No Free Riding: The Scope of Auditors’ Negligence in Barclays

Reading Time: 10 minutesIntroduction to auditors’ liability in negligence The extent of auditors’ liability in negligence has, on the whole, been a settled area of law, stemming from the important English case of Caparo Industries Inc v Dickman[1] (“Caparo”). There, the plaintiff purchased a controlling stake in another company, having relied on the information contained in the audited […]

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 […]

Commentary: Trade Marks in Singapore [Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd [2017] SGHC 18 ]

Reading Time: 5 minutesMost trade mark owners get frustrated when, legally, it is not possible to stop a parallel importer from importing and selling genuine goods in Singapore. Parallel importers are protected by the defence of exhaustion of rights under section 29(1) of the Trade Marks Act (“TMA”). Earlier this year, a case dealing with this very issue […]

corruption_asialawnetwork
Post Keppel O&M: Don’t Be Next!

Reading Time: 12 minutesSingapore has long been known for low levels of corruption. In 2017, Singapore was ranked the 6th least corrupted country in the world based on the Corruption Perceptions Index 2017[1], a research done by Transparency International. However, this does not mean that Singapore is free from corrupt practices, with the recent Keppel Offshore and Marine […]

Thailand Legal Alert: Essential Differences Under Thailand’s New Competition Law

Reading Time: 6 minutesThailand was one of the first ASEAN Member States to enact a competition law with the Price Fixing and Anti-Monopoly Act of 1979. However, that legislation was generally accepted to have been ineffective in relation to competition law enforcement and was replaced by the Trade Competition Act B.E. 2542 (1999) (“Old TCA”). The Old TCA came into […]