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Legal Updates for July 2010

The Electronic Transactions Act 2010 ("ETA") , passed in Parliament on 19 May 2010, came into operation on 1 July 2010. The ETA seeks to provide for the security and use of electronic transactions. The ETA repealed and re-enacted with amendments the previous edition of the ETA to align Singapore's laws on electronic transactions with the United Nations Convention on the Use of Electronic Communications in International Contracts which was adopted by the United Nations on 23 November 2005. This Update focuses on the key features of the ETA and the changes to the previous edition of the ETA and is not intended to be exhaustive. The Singapore Criminal Procedure Code 2010, passed in Parliament on 19 May 2010, was assented to by the President on 10 June 2010. It will come into operation on such date as the Minister may appoint. The change in the criminal justice system in Singapore through the enactment of the Code is in keeping with the changing norms in the conduct of criminal cases. This Update provides the key features of the new Code. In Oceanbulk Shipping & Trading SA v TMT Asia Limited [2010] EWCA Civ 79, the English Court of Appeal overruled the earlier High Court decision on the admissibility of without prejudice exchanges to interpret a settlement agreement. The Court rejected the proposition that when without prejudice exchanges are admitted in evidence to prove that a settlement agreement was concluded, they can also be looked at to interpret the terms of the agreement. This Update provides a summary of the case. The Singapore International Arbitration Centre recently released the latest edition of the SIAC Arbitration Rules which came into operation on 1 July 2010. This Update provides the key features of the 2010 SIAC Rules. On 7 July 2010, Singapore became the first Asian country to ratify the United Nations Convention on the Use of Electronic Communications in International Contracts, as a result of which Singapore's legal framework for electronic transactions, the Electronic Transactions Act was repealed and re-enacted. In Supershield Ltd v Siemens Building Technologies FE Ltd [2010] EWCA Civ 7, the English Court of Appeal considered the House of Lords case of The Achilleas [2009] 1 AC 61, which modified the traditional rule of remoteness in Hadley v Baxendale. While the rule in The Achilleas had previously been used only in an exclusionary manner, the Court here extended its scope by applying it in an inclusionary manner. This Update provides an summary of the case. On 2 July 2010, the Hong Kong Government gazetted the Competition Bill (‘Bill’), making Hong Kong the latest amongst the Asian countries to introduce Competition Laws. Malaysia introduced their Competition Bill in April 2010 and has just indicated that the Act will come into force on 1 January 2012. The First Reading of the Bill and the commencement of the Second Reading Debate are scheduled for 14 July 2010. This article provides a brief overview of the main provisions of the Bill. Welcome to our 3rd Quarterly Competition Review which provides an overview of the key competition news from around the world which occurred in the second quarter of 2010. Bearing in mind how busy business people are, we have kept the updates short and succinct. We hope the flavour of the issues provided here is useful when you review your business activities, structure new deals or make acquisitions. It has been announced that the Malaysia Competition Act 2010 will come into effect on 1 January 2012.This effectively gives businesses active in Malaysia only 18 months to ensure that their agreements and business practices comply with the Competition Act.
   
     
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