Reading Time: 2 minutesAsia Law Network would like to extend its heartiest congratulations to Mr Ban Jiun Ean on his new role, at the Singapore Mediation Centre (SMC) as their new Executive Director. Mr Ban will succeed Mr Loong Seng Onn, who has assumed the role since SMC’s inception in 1997. Mr Ban was formerly a policymaker at […]
New Accelerator for Legal Tech Launched: GLIDE by SAL
Reading Time: 2 minutesAs of 3 June 2019, applications have been open for Asia’s first accelerator targeting legal tech start-ups: GLIDE. GLIDE, or the Global Legal Innovation and Digital Entrepreneurship Grant, is inviting startups across the globe to drive technological innovation in Singapore’s legal scene. Successful applicants will be notified in July. Initiated by the Singapore Academy of […]
Singapore court recognised US bankruptcy proceedings as foreign main proceedings despite company being registered in Singapore
Reading Time: 5 minutesIntroduction On 4 March 2019, the Singapore High Court (“Court”) in Re Zetta Jet Ptd Ltd and others (Asia Aviation Holdings Ptd Ltd, intervener) [2019] SGHC 53 handed down its judgment and granted full recognition of the US Bankruptcy Proceedings as a foreign main proceeding under the Singapore Model Law. Background Voluntary bankruptcy proceedings were filed against […]
SMU Lexicon: A Swiss and a Miss: The Future of Swiss-style Patents in Singapore
Reading Time: 10 minutesExecutive summary In the recently-decided case of Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd, the Court of Appeal (“CA”) addressed a number of novel issues in Singapore patent law.[1] The dispute between the two pharmaceutical companies was based on Novartis’ potential infringement of Warner-Lambert’s patent. This patent (filed in 1997) claimed a monopoly over […]
Cambodia Legal Alert: Certain Foreign Organizations and Agencies Exempt From Implementation of Prakas 442 and 443
Reading Time: 2 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 […]
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 […]