Most Recent Articles
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) […]
Hong Kong: When Would the Court Exercise its Power to Set Aside an Arbitral Award?
Reading Time: 5 minutesIntroduction Hong Kong is a jurisdiction where the policy encourages and upholds the autonomy and finality of arbitration, i.e. a policy of minimal interference with awards.[1] Party seeking the Court’s leave to appeal an arbitral award pursuant to section 5 of schedule 2 of the Arbitration Ordinance (Cap. 609) (the “AO”) must satisfy that the […]
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 […]
[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 […]
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 […]
Find Out More About Venture Capital in the Legal Tech Scene with Zing Yang, CFO, Asia Law Network
Reading Time: 4 minutesZing Yang along with “Venture Capital in the Legal Tech Space” panellists at TechLaw.Fest 2019 Asia Law Network’s Content Manager sits down with Zing Yang, Asia Law Network’s Chief Financial Officer and moderator for TechLaw.Fest 2019’s Venture Capital in the Legal Tech Space talk that took place on 5 September 2019 at the Sands Expo […]
Hong Kong: Protection for employers against team move (Part II): Springboard Injunction
Reading Time: 5 minutesIntroduction If a senior employee abuses his power and uses his senior position to exert his influence over his subordinate or junior employees to foment their resignations to join a new employer (often the employer’s competitor) or misuses the employer’s confidential information that only senior employees have access to, and uses such information to negotiate […]
Harassment Complaints: What Companies Should Know & Do
Reading Time: 7 minutesIn early March 2019, Parliament announced that the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) would provide more resources to help both employees and employers tackle workplace harassment[1]. Although not widely discussed, harassment does take place in Singaporean workplaces. It is important to understand that workplace harassment can affect anyone; whether male or […]
Hong Kong: Claiming damages in addition to setting aside void disposition in insolvency
Reading Time: 5 minutesIntroduction Section 284 of the Insolvency Act 1986, which is the equivalent of section 42 of the Bankruptcy Ordinance (Cap. 6), provides that where a person is adjudged bankrupt, disposition of property made by that person in the period from the day of the presentation of the petition to the vesting of the bankrupt’s estate […]
Hong Kong: Protection for employers against team move (Part I): Non-solicitation clause
Reading Time: 5 minutesIntroduction A “team move” is an expression used to describe the situation in which a number of employees of the same employer resign to work for a new employer. This is in contrast with the departure of a single employee or the departure of more than one employee for different reasons. In this employment newsletter […]
SMU Lexicon: The Doctrine of the ultra-hazardous act after Ng Huat Seng
Reading Time: 11 minutesIntroduction In November 2017 the Singapore Court of Appeal narrowed the scope of “ultra-hazardous activity” under Singapore tort law through the case of Ng Huat Seng v Munib Mohammad Madni, and clarified (in obiter) the scope of activities which may fall within the doctrine of the ultra-hazardous act.[1] An ultra-hazardous act was first defined by […]
Lawyer Feature – Arvin Lee from Wee Swee Teow & Co.
Reading Time: 13 minutesEver wondered what does it takes to be an international arbitration practitioner in one of the oldest law firms in Singapore? Asia Law Network had the privilege of interviewing Mr Arvin Lee, Partner and Arbitrator at Wee Swee Teow LLP, to get a firsthand understanding of the intricacies within international arbitration. Arvin takes a problem-solving approach […]
Personal
This Side of the Fence: #1 – The Charge
Reading Time: 4 minutesIn this monthly series, a young litigator shares insights into his work with accused persons, especially those facing the death penalty. Each edition will walk through a particular phase of the criminal litigation process. It is his fervent hope that one day, we can all learn to empathize with, and not just vilify, those accused of […]
Business
SMU Lexicon: Grab-Uber merger: observations and implications for Singapore’s competition regime
Reading Time: 22 minutesI. Introduction For months on end in 2018, consumers were enthralled by the long and sustained competition between Uber and Grab – two ride-hailing giants that have been spearheading paradigm changes in the commerce landscape, massively disrupting the transport industry in the process. More importantly, consumers were benefitting heavily from the price war as both […]
Pornography: How Legal is it in Singapore? 
Lawyer Feature: Chooi Jing Yen, Partner of Eugene Thuraisingam LLP discloses that the intellectual c... 
“Traditional” vs. “Design and Build” Contracts: What’s the Difference? 
Most Common and Confusing Legal Words (Legalese) Explained Simply 
Is Homelessness a Problem in Singapore? 
5 Things to Know for Part-time Workers in Singapore 
What is the difference between paid up and authorised capital? 
Incorporating a Company under the Malaysian Companies Act 2016 
What can you do if you have been scammed online in Singapore? 
What freelancers and self-employed need to know about the law in Singapore
