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The Firm's Technology, Media & Telecommunications ("TMT") and Competition/Antitrust and Trade Law Practice Groups organised a Regional Seminar on Friday, 18 October 2013. This was held at the Asian Civilisations Museum.
The seminar commenced with an opening address from Patrick Ang, Deputy Managing Partner of the Firm. The first speaker was Lau Kok Keng, Equity Partner and Head of the Firm's Intellectual Property Practice, who gave a presentation on building a brand in the digital age and protecting a brand's elements through intellectual property laws. Benjamin Cheong, Partner in the Firm's TMT Group looked at issues to address before entering into a franchising or licensing agreement and proffered some key terms to be included in such agreements. Speakers from our Firm's regional offices also presented on the above issues, with Nattarat Booyatap, Partner from our Thailand office, Yon See Ting, Partner from our Malaysia office, Linda Qiao, Partner from our PRC office and Yogi Sudrajat Marsono, Partner from our Indonesia associate office, giving a perspective from their respective jurisdictions.
From the Firm, Kala Anandarajah, Equity Partner and Head of the Competition/Antitrust and Trade Law Practice, chaired a panel on "International Trade and Competition/Antitrust Issues". Rikrik Rizkiyana, partner from our Indonesia associate office also presented on Competition law issues in Indonesia.
The afternoon session kicked off with Rajesh Sreenivasan, Equity Partner and Head of the Firm's TMT Group, explaining to the attendees the implications of Singapore's Personal Data Protection Act 2012 coming into force. Kuok Yew Chen, Partner from our Malaysia office and Dussadd Rattanopas, Senior Associate from our Thailand office shared the differences of data protection legislation in their jurisdictions.
Lionel Tan, Partner in the Firm's TMT Group presented on employment law in Singapore, specifically non-compete and non-solicitation clauses in employment contracts. Teoh Sui Lin, Managing Partner of our Thailand office, Linda Qiao and Yau Yee Ming, Partner from our Malaysia office shared their experiences in their jurisdiction on the enforcement of such clauses in employment contracts.
The full-day seminar saw close to 100 attendees who were interested in understanding the legal nuances in the different countries around the Asia region so as to gain a competitive edge in expanding their businesses.Back to Top Print
Chia Kim Huat, Executive Committee Partner and Head of the Firm's Corporate & Capital Markets Practice, participated in several international conferences during the month of October.
At the Inaugural International Arbitration Conference of the Singapore International Arbitration Centre held on 2 October 2013, Kim Huat's presentation was on "Strategies for Managing Risks and Resolving Disputes involving Chinese Parties in International Arbitration". He began with an introduction to the various types of Chinese entities and proceeded to talk about the main areas of dispute. In enforcing an award, Kim Huat suggested that consideration be paid to, among other matters, understanding the Chinese legal system and obtaining applicable Government authority approval. On managing risks, he listed establishing "guanxi" and balancing the "right result" with the "best result" as characteristics unique to dispute resolution involving Chinese parties.
This event was held in New York City, USA. It featured leading arbitration practitioners and arbitrators from the USA, the UK, Singapore and India sharing their insights and expertise on the development of international commercial arbitration as the preferred dispute resolution option for foreign direct investment into various Asian jurisdictions.
At the IBA Annual Conference held in Boston, USA from 7 to 11 October 2013, Kim Huat was a panel member at a session organised by the Corporate and M&A Law Committee of the International Bar Association ("IBA"). He spoke on issues relating to investments in hotel, resorts and theme parks, including the unique Singapore integrated resort model which has generated immense interest from other jurisdictions seeking to build a similar model to boost their own tourism industry.
Kim Huat also attended the Annual Meeting of the Association of Corporate Counsel as a Lex Mundi-sponsored delegate. This event was held in Los Angeles, USA from 27 to 30 October 2013.
He joined several in-house lawyers on a panel to discuss "Using Singapore as a Springboard to Asia". The session was part of the continuing legal education programme for U.S. in-house counsel. Many who attended work with corporations with existing operations in the region or have intention to establish a presence in the near future.
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Chandra Mohan Rethnam, PBM, Equity Partner in the Firm's Commercial Litigation Practice, presented a talk on "Recent Developments in Litigation 2012-2103" at the Fourteenth Annual In-House Congress Singapore in September 2013. The Firm was a co-host of the event.
Chandra's presentation comprised two main areas: case law developments and changes to rules and practice directions. Under case law developments, Chandra cited recent cases to talk extensively about the abolishment of the law of occupier’s liability, the implied term of mutual trust and confidence in employment contracts, legal advice and litigation privilege and "subject to contract" clauses, among other topics. On changes to rules and practice directions, Chandra detailed i) changes to the rules on pleading; ii) page requirements for the Appellant and Respondent's cases in the Court of Appeal; iii) the filing of the Appellant's reply before the Court of Appeal; iv) the increase in security costs in the Court of Appeal; v) the attendance of interested parties for hearing in chambers; and vi) changes to the Supreme Court Practice Directions for documents in relation to ex parte application for injunctions and search orders.
This event was organised by the Singapore Business Press as part of its successful In-House Community Congress series. It brings together over 200 in-house lawyers, compliance professionals and senior business executives from the private and public sectors in Singapore.
In October 2013, Chandra was also a panel member at the Conference on Dispute Resolution organised by the Confederation of Indian Industry in India. Together with other eminent panelists, Chandra looked at recent trends in alternative dispute resolution, including mediation, arbitration and specialised tribunals. Back to Top Print
Rebecca Chew from the Firm's Medical Law Practice was a speaker at the Medical Ethics, Professionalism and Health Law for Advanced Specialist Trainees seminars held on 20 September 2013 and 11 October 2013. The theme of the seminar was "The Doctor and The Law".
Covering the topic of "Writing a Medico-Legal Report", Rebecca explained the legal nature of a medical report and the duty of care required of a registered medical practitioner when preparing such report. She also shared tips on good medical report writing. In a coroner's inquiry, Rebecca cautioned that familiarisation with the case was key, as was submitting clear medical reports prior to the proceedings.
This seminar was organised by the SMA Centre for Medical Ethics and Professionalism.
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Chester Toh, Co-Head of the Firm's Myanmar Practice, participated as moderator and panellist at several seminars throughout the months of September and October.
Chester was a panel member at a seminar on "Manufacturing in Myanmar". This seminar was held as part of the annual Myanmar Global Investment Forum which took place in Nay Pyi Taw from 10-11 September 2013. Amongst the different areas discussed included multinationals' foreign direct investment sources and trends, Myanmar's fast-moving consumer goods markets and regional logistics and distribution channels. Chester highlighted some of the challenges facing international investors looking to establish a manufacturing base in Myanmar and suggested some of the areas that policymakers will need to focus on in the coming year to ensure Myanmar's competitiveness in the manufacturing sector. The forum was part of the Euromoney Conferences and co-hosted by the Myanmar Investment Commission. The Firm was one of the co-sponsors.
At the Global Entrepolis @Singapore, organised by the Singapore Business Federation and held from 28-31 October 2013, Chester was the moderator at the Myanmar track session on "Navigating through the Unknown". Members of the panel included a general counsel of a listed company and a partner from a major accounting firm. Participants of this event gained insights on the legal and tax considerations of doing business in Myanmar and how companies can overcome these challenges in a new market.
Chester also participated as a speaker at the international Business Fellowship (iBF) Executive Programme on Myanmar held in Yangon from 21 – 26 October 2013. The iBF Programme was jointly organised by IE Singapore, the Singapore Business Federation and the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI). Chester spoke on "Labour and Employment in Myanmar", in which he explored the challenges and opportunities that investors in labour-intensive industries might encounter in Myanmar. Participants gained insight on Myanmar’s employment laws, social security, minimum wage and HR issues.Back to Top Print
Irving Aw, Partner in the Firm's Tax Practice, spoke about the "Legal Aspects of Transfer Pricing" at a seminar held on 26 September 2013.
In his presentation, Irving explained the importance of transfer pricing ("TP") documentation and discussed the TP documentation guidelines promulgated by the Inland Revenue Authority of Singapore. Irving also touched on the recent White Paper issued by the Organisation for Economic Co-operation and Development on TP Documentation and its potential impact on TP documentation requirements for multinational corporations.
Irving proceeded to share with the participants about initiating the Mutual Agreement Procedure and Advance Pricing Agreements under Singapore's comprehensive double taxation agreements. Wrapping up, he spelled out the different ways in which tax controversies in relation to transfer pricing can be resolved in Singapore.
This seminar was organised by the Singapore Business Federation.
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Patrick Ang, Deputy Managing Partner and Head of the Firm's Regional Practices gave a talk on "Managing Insolvencies for Construction Professionals" on 26 September 2013.
Patrick explained some of the main causes of insolvency and cautioned against the early signs of financial trouble. He also proffered several pre-insolvency mitigating measures which construction firms could consider taking up, including contractors' all-risk or third party liability insurance or performance bonds. Patrick rounded up his presentation by listing the identity and roles of the various insolvency practitioners: liquidators, judicial managers, scheme managers and receivers.
The event was organised by Singapore Institute of Surveyors and Valuers.
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Andrew C L Ong, Co-Head of the Firm's Competition & Trade Law Practice and Integrated Regulatory Practice conducted a webcast on "How Multinational Corporations Can Benefit From Southeast Asian Regional Integration" on 17 September 2013. The aim was to discuss what corporate counsel needed to know in planning for the ASEAN Economic Community ("AEC") for the Association of Corporate Counsel ("ACC") International Legal Affairs Committee.
In his presentation, Andrew talked about the blueprint for AEC to create a single market and production base. This is to facilitate the free flow of goods, services, investment, capital and skilled labour. With regional integration, Andrew explained that businesses can anticipate more cross-border expansion, the up-scaling of exports, intellectual property and intangible know-how and the entry of new players in the markets. Of course, this could also mean more corporate crime.
Wrapping up, Andrew touched on how legal services would have to adapt to the new environment. Among the changes to be made, Andrew proffered that law firms would have to be innovative about being a "one-stop-shop" for their clients and bundling their fees on a regional basis. In anticipation of the changes in clients' expectations, a law firm should not rule out reorganization.
Lex Mundi is the 2013 sponsor of the ACC International Legal Affairs Committee and provides a variety of legal resources to ACC members worldwide each year. Back to Top Print
Rajesh Sreenivasan, Head of the Firm's Technology, Media and Telecommunications Practice, delivered several talks in September and October.
During the Third Asia-Pacific Pharmaceutical Compliance Congress and Best Practices Forum held in Kuala Lumpur, Malaysia in September 2013, Rajesh presented on the topic "Privacy vs Transparency". This congress was organised by Global Health Care, LLC.
Rajesh's presentation focused on the key aspects of the Personal Data Protection Act 2012 ("PDPA") which came into force on 2 January 2013. Attendees learned about an organisation's compliance obligations under the PDPA, which include developing and implementing policies and practices to regulate the management and process of personal data.
Rajesh also touched on the types of data covered by the PDPA and gave examples of how an organisation typically handles personal data in the form of employees' salary and performance record. Excluded from the PDPA would be, among others, business contact information, personal data of the deceased after 10 years from death and data intermediaries. Expanding beyond the PDPA, Rajesh delved into other statutory obligations which provide for mandatory disclosure of information without the individual's consent.
On 10 October 2013, Rajesh conducted a series of eight seminars on "Practical Guidance in Perfecting Service Level Agreements ("SLAs") – Best Practices in Negotiation, Drafting and Management".
In the first session, Rajesh explained the role and essential elements of an SLA. He cited setting up a proper framework and using precise contractual terms and terminology as key. Moving on, Rajesh talked about how to build a solid partnership with a vendor through identifying clear objectives and critical success factors.
The third session saw Rajesh detailing how to manage intellectual property and other legal issues specific to an SLA, while in the fourth session, he elaborated on how to establish KPIs and cautioned on the barriers of monitoring. He also talked about dealing with governance issues through establishing a clear governance process, as well as how to resolve disputes within the governance structure.
Rajesh offered suggestions on how to structure changes in control procedures in his fifth session. He presented strategies to implement successful changes in control procedures, as well as barriers for which to look out. In his sixth session, Rajesh talked about operational issues such as identifying and sufficiently binding key stakeholders, managing staff flow and handling communications.
In his seventh session, he dealt extensively with dispute resolution mechanisms that run the gamut from identifying key contentious clauses and managing confidentiality, to alternative dispute resolution and dispute resolution clauses. Finally, Rajesh wrapped up the series with the last session on exit strategies and the related jurisdictional problems.
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Francis Xavier SC, Executive Committee Partner and Head of the Firm's Dispute Practices, gave two presentations, "Recent Developments in Arbitration 2012-2013" and "Public International Law – Dispute Resolution", in September 2013.
The former was delivered at the Fourteenth Annual In-House Congress Singapore. Francis covered six areas in his talk, beginning with an overview of the new International Bar Association ("IBA") guidelines on Party Representation in International Arbitration, which were adopted by the IBA on 25 May 2013. He proceeded to compare recent Supreme Court decisions in Indonesia and India and contrasted their attitudes towards international arbitration. In PRC, Francis detailed the split of the China International Economic and Trade Arbitration Centre's sub-commissions in Shanghai and Shenzhen from Beijing and discussed the implications from this split. On the Singapore front, he talked about the creation of a new Court of Arbitration in Singapore to oversee all of The Singapore International Arbitration Centre’s ("SIAC") legal and technical functions. Francis highlighted some key changes to the SIAC rules and rounded off his presentation with case law developments in Singapore.
This event was organised by the Singapore Business Press as part of its successful In-House Community Congress series. It brings together over 200 in-house lawyers, compliance professionals and senior business executives from the private and public sectors in Singapore. The Firm was a co-host of this event.
On 20 September, Francis delivered his presentation on "Public International Law – Dispute Resolution" to the Faculty of Law of Universitas Diponegoro.
In his talk, Francis highlighted the more prominent forums in public international law dispute resolution: the International Court of Justice and The Centre for Settlement of Investment Dispute ("ICSID"), with ICSID deriving its jurisdiction from a Bilateral Investment Treaty. He gave a detailed account of the processes involved when proceedings are before the two forums. Citing landmark cases, he also explained the impact of the decisions from these forums on the ASEAN community.
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