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- Latest cases, legislation and regulation updates and commentaries
Heng Chhay, the Managing Partner of the Firm's Cambodia associate office, R&T Sok & Heng Law Office, contributed a Q&A guide to Doing Business in Cambodia to Practical Law Company's ("PLC") Doing Business series.
The Q&A gives an overview of key recent developments affecting doing business in Cambodia, restrictions on foreign investment as well as grants or incentives available to investors. It also provides a brief description of the most common forms of business vehicle in the country, such as limited companies, partnerships, branch offices and representative offices. Laws and practices on employment, tax, competition and intellectual property are also included in the Q&A guide.
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Hamidul Haq, the Head of the Firm's White-Collar Crime Practice and Co-Head of its Indonesian Practice, co-authored an article titled "A Personal Reflection on Anti-corruption Initiatives in Indonesia" for the June 2013 edition of the International Bar Association's ("IBA") Asia Pacific Regional Forum Newsletter. In the article, Haq and Robert Wyld, a Partner with Johnson Winter & Slattery, Sydney, Australia, provided the key highlights of the "IBA Anti-Corruption Conference: Corruption in Indonesia – Challenges and Solutions" held in Jakarta on 24-25 April 2013, and the writers' reflection on Indonesia's anti-corruption initiatives.
It was highlighted that while Indonesia has taken great strides in its fights against graft and corruption, more was required to stem this systemic problem. The writers noted that Indonesia has enacted over the last decade a raft of civil and criminal laws to target corruption, and the current legal system has demonstrated remarkable resilience in prosecuting domestic graft and corruption. However, the writers observed that challenges remain with respect to foreign investors given that they may still be subject to the extra-jurisdictional reach of the United States Foreign Corrupt Practices Act 1977 or the United Kingdom Bribery Act 2010. Hence, these pieces of legislation must also be taken into account in enforcing anti-graft and corruption measures in Indonesia.
The writers proposed that to combat graft and corruption, the economic and political system of the country must be improved. The initiative must be geared towards reinforcing the moral compass of the leadership that will flow down to the ordinary people of the society.
Haq and Robert, who are the Asia-Pacific Regional Officers of the IBA Anti-Corruption Committee, co-chaired the 2-day Jakarta Conference where His Excellency Prof Dr Boediono, the Vice President of the Republic of Indonesia, was the keynote speaker. Haq also moderated the session on "Corruption and the Legal Profession - the Obligations and Risks on Lawyers" during the event.
The Conference, attended by senior representatives of the Indonesian Government, its legal and administrative agencies, prosecutors from across Southeast Asia, lawyers, forensic investigators and academics, was organised by the IBA in conjunction with the Indonesian Advocates Association, known locally as Perhimpunan Advokat Indonesia ("PERADI").
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Paul Tan from the International Arbitration Practice wrote an article on "Cultural Values in International Arbitration" in the June 2013 issue of the Singapore Law Gazette, the official publication of the Law Society of Singapore.
Paul highlighted that owing to the different jurisdictions from where the parties in international arbitration come from, cultural differences amongst the stakeholders and players are inevitable. There is therefore the need for the parties, their counsel, the arbitral tribunal and even the Courts to be sensitive to these differences especially in how disputes are managed and resolved, in order for the process to serve as a neutral dispute settlement process. Citing his own experiences as well as cases recently decided by the Singapore courts, Paul concluded that the potential of international arbitration as an alternative mode of dispute resolution between parties from different jurisdictions can only be realised if its participants and the Courts embrace such cultural diversity.
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Douglas Chi and Paul Tan from the Appeals and Issues Practice contributed joint feature articles to the May 2013 issue of the Singapore Law Gazette, the official publication of the Law Society of Singapore. Both articles offer some observations and insights into possible new trends and emphases in appellate practice before the Singapore Court of Appeal.
In his article titled "A New Trend of Historical Analysis Before the Singapore Court of Appeal", Douglas commented that there was a tendency of the Court of Appeal to find legislative history relevant and helpful in determining what the present position is or ought to be in resolving a dispute before the Court of Appeal. This was his observation after attending three separate Court of Appeal hearings during the early part of this legal new year: Vellama d/o Marie Muthu v Attorney-General (CA 97 / 2012), Dr Susan Lim May Lee v The Singapore Medical Council (OS 780 / 2012) and Re Zero Geraldo Mario Nalpon (CA 62 / 2012). The trend is for the Court to examine the historical origins, lineage and context of any piece of legislation to illuminate the present.
Paul's article on "New Emphases in Appellate Advocacy Before the Singapore Court of Appeal" looks at the changes in the procedures in the Court of Appeal aimed at fostering a more proactive case management. These changes, brought about by the amendments to the Practice Directions relating to cases before the apex court, included: (i) the introduction of page limits to written cases, which should not exceed 50 pages except with leave of the Court; (ii) filing of skeletal arguments three weeks before the hearing; (iii) filing of Appeals Information Sheet together with the Cases; and (iv) the appointment of amicus curiae.
As a general comment, Douglas and Paul remind practitioners to be aware of the above shifts in judicial attitudes and procedures in order to craft a more persuasive case.
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