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- Latest cases, legislation and regulation updates and commentaries
Paul Tan from the Commercial Litigation and International Arbitration Practices co-edited "Singapore Law - 50 Years in the Making", a book that traces the birth and development of Singapore legal system by looking at the relevant reported decisions of the Singapore Courts since Independence. The book contains newly collected empirical data and historical information that has not been published before. It then predicts the direction of the country's legal system and how foreign law might affect local jurisprudence. At the launch of the book, the Chief Justice said that the book was "destined to be a classic."
The book was written by different legal luminaries described by the Attorney-General V K Rajah and Judge of Appeal Andrew Phang as "the best and brightest of the next generation." It was co-edited by Associate Professor Goh Yihan, the firm's Visiting Academic.
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Paul Tan from the Commercial Litigation and International Arbitration Practices was commissioned as Singapore's rapporteur for a newly-published collection of case updates and commentaries published by the Singapore International Arbitration Centre (SIAC) titled "Asia-Pacific Arbitration Reporter". The publication aims to provide timely updates on the developments of the Asia-Pacific countries in international arbitration.
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Jurisdiction clauses are a common feature in trust instruments today. However, the unique nature of trusts raises difficulties that usually do not arise in contractual situations. For one, the drafting of such clauses is often idiosyncratic, providing for the trusts' "forum for administration". In addition, the provisions are typically drawn unilaterally by the settlor—to what extent, then, do they bind the beneficiaries? In Crociani v Crociani [2014] UKPC 14, an appeal from Jersey, the Privy Council found that a forum for administration provision which the trustees argued was an exclusive jurisdiction clause had in fact nothing to do with jurisdiction at all; and that, even if it was indeed an exclusive jurisdiction clause, it would not be accorded the same weight as one found in a contract. This is the first Privy Council decision to have dealt squarely with the interpretation and applicability of a jurisdiction clause in a trust instrument.
Tan Ruo Yu from the Commercial Litigation Practice has written an article for Lloyd's Maritime and Commercial Law Quarterly examining this case. The full article can be accessed here.
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Bloomberg BNA featured an article on 22 July 2015 titled "Malaysia Draft Privacy Rules Onerous, Some Say" which includes excerpts from an interview with Christopher & Lee Ong's Kuok Yew Chen. The article discusses some provisions of the draft rules of Malaysia’s Personal Data Protection Act of 2010, such as giving companies three days to revoke access and change passwords whenever an employee with that access stopped working for them. They would also require companies and other data users to change customers' information within seven days of a request.
A public consultation was conducted to get feedback on the draft rules. While some said that draft rules were reasonable, others believed that they would place undue burdens on businesses. Yew Chen intimated that, in crafting the legislation, there should be a balance between customer privacy and business compliance.
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