Rajah & Tann Singapore Contributes to Singapore Capital & Private Equity Guide 2021: “Deep Dive into Down-Round Mechanics”
Rajah & Tann Singapore contributes an article titled “Deep Dive into Down-Round Mechanics” in the Singapore Venture Capital & Private Equity Guide 2021. The Guide is published by the Singapore Venture Capital & Private Equity Association.
Authored by Private Equity and Venture Capital Partners
Tracy-Anne Ang and
Terence Quek, the article discusses headline issues often encountered in a down-round scenario. A down-round is a fundraising round of a company in which the pre-money valuation is lower than its post-money valuation in the preceding fundraising round. Terms that are relevant in a down-round, including anti-dilution rights, liquidation events and liquidation preferences, and redemption rights are examined in the article.
The full e-Edition of the Singapore Venture Capital & Private Equity Guide 2021 is available for purchase here. Please click here to read our contribution titled “Deep Dive into Down-Round Mechanics”.
SAL Law Reform Committee Report on Civil Remedies
Rebecca Chew and Chew Xiang, Partners at Rajah & Tann Singapore, with the assistance of Priscilla Soh, Senior Associate at Rajah & Tann Singapore, contributed to the Singapore Academy of Law’s (SAL) Law Reform Committee Report on Civil Remedies (“Report”) which was published in December 2020.
Rebecca and Chew Xiang are members of the Civil Remedies Subcommittee. The Subcommittee has considered whether the civil enforcement remedies available under Singapore law adequately ensure that judgment creditors are able to recover monies adjudicated by the courts as due and owing to them, taking into account also the interests and rights of judgment debtors and affected third parties.
The Report recommends legislative reforms to address certain gaps or limitations hampering the recovery of a judgment creditor’s due debts which have been identified by the Subcommittee. Rebecca and Chew Xiang were two of the several litigators on the Subcommittee that drew on their experience when representing creditors/debtors/third parties in recovering judgment debts for the recommendations stated in the Report. It is hoped that some of the reforms proposed may be considered and implemented.
Click here to read the Report. The summary of the Report and a Quick Guide to the key issues and recommendations discussed in the Report can be accessed here.
Personal Data Protection Digest 2020: "Being Accountable in Transforming Your Business for Data Innovation – Learning Points from the Personal Data Protection Commission's Enforcement Decisions in 2019"
Steve Tan, Deputy Head of the Rajah & Tann Singapore Technology, Media & Telecommunications Practice, and Senior Associate Justin Lee contributed an article titled "Being Accountable in Transforming Your Business for Data Innovation – Learning Points from the Personal Data Protection Commission's Enforcement Decisions in 2019" to the Personal Data Protection Digest 2020 ("PDP Digest 2020"). PDP Digest 2020 highlights the decisions issued by the Personal Data Protection Commission ("PDPC") in 2019 and contains articles contributed by data protection practitioners who share their insights and practical tips with regards to data protection and managing data incidents.
The article outlines the initiatives that PDPC introduced in 2019 aimed at shifting the regulatory approach to managing personal data from compliance to accountability amidst the changing digital landscape in Singapore. It then discusses key lessons learned from the notable enforcement decisions of the PDPC issued in 2019 relating to data protection and accountability practices.
Organisations should take heed of the problem areas identified in the PDPC's enforcement decisions and carry out steps to ensure that any similar security vulnerabilities that exist in their own systems and processes are addressed immediately. In doing so, organisations would better demonstrate their commitment to accountability in personal data protection, thereby gaining the confidence and trust of their customers and enabling the organisations to enjoy the competitive advantages associated with data innovation.
The article was first published in the PDP Digest 2020 issued by PDPC. The PDP Digest which is made available at the PDPC website (www.pdpc.gov.sg) can be accessed here
SAL Annual Review: Admiralty and Shipping Law
Toh Kian Sing, SC, Head of the Shipping & International Trade Practice, recently contributed to the Admiralty and Shipping Law chapter of the Singapore Academy of Law ("SAL") Annual Review of Singapore Cases ("SAL Annual Review"). This chapter encapsulates and evaluates important decisions of the Singapore courts on admiralty and shipping law in 2019. Kian Sing provides a commentary on an important decision of the Singapore High Court on admiralty law involving collisions between vessels in Singapore waters.
The chapter was first published in the 23 September 2020 edition of e-First, SAL's e-publishing prior-to-print module. Click here to view the full Admiralty and Shipping Law chapter.
SAL Annual Review: Insolvency Law
Sim Kwan Kiat, Kelvin Poon and Wilson Zhu, partners at Rajah & Tann Singapore, recently contributed to the Insolvency Law chapter of the Singapore Academy of Law ("SAL") Annual Review of Singapore Cases ("SAL Annual Review"). This chapter encapsulates and evaluates important decisions of the Singapore courts on restructuring and insolvency law in 2019. These included decisions on the standard of disclosure of a debtor in a scheme of arrangement, the interplay between winding up and arbitral proceedings and issues relating to cross-border insolvency.
The chapter was first published in the 9 September 2020 edition of e-First, SAL’s e-publishing prior-to-print module. Click here to view the full Insolvency Law chapter.
Rajah & Tann Singapore Contributes to the Singapore Chapter of Chambers and Partners’ Private Equity 2020 Global Practice Guide
Rajah & Tann Singapore recently contributed to the Singapore chapter of the Private Equity 2020 Global Practice Guide published by Chambers and Partners.
Exclusively authored by our leading Private Equity partners Evelyn Wee, Sandy Foo and Hoon Chi Tern, this chapter extends our previous contribution to the Corporate M&A 2020 guide as our authors provide expert legal commentary on private equity transactions in Singapore, including the latest trends and developments, due diligence requirements, funding structures, considerations in a public buyout, management incentives plans, and exits.
The e-Edition of the Private Equity 2020 Global Practical Guide is available here, and the full Singapore chapter can be read here.
What to Watch Out for After a Delisting
Rajah & Tann Singapore recently contributed to the article "What to Watch Out for After a Delisting", which first appeared in the Q4 2020 issue of the SID Directors Bulletin published by the Singapore Institute of Directors.
Co-authored by our leading partners Chia Kim Huat (Regional Head, Corporate and Transactional Group) and Hoon Chi Tern (Partner, Capital Markets / Mergers & Acquisitions), and Goh Jun Yi (Senior Associate, Capital Markets / Mergers & Acquisitions), the article traces recent trends and the route to delistings in Singapore, then examines post-delisting challenges and best practices.
The full Q4 2020 issue may be accessed here (registration required).
Rajah & Tann Contributes to the Singapore Chapter of Lexology Getting The Deal Through – Mediation 2020
Rajah & Tann Singapore recently contributed to the Singapore chapter in the Mediation 2020 guide published by Lexology Getting The Deal Through.
Exclusively authored by our partner Jonathan Yuen, a dispute resolution specialist, the article provides an overview of the treaties, cost, styles and procedures for one of the most popular methods of alternative dispute resolution.
The full Singapore chapter is available here.
The Asia-Pacific Arbitration Review 2021
Rajah & Tann Singapore has contributed to the Global Arbitration Review's Asia-Pacific Arbitration Review 2021 ("Review"). The Review captures and interprets the most substantial recent international arbitration events from the past year across various jurisdictions, with footnotes and relevant statistics. The articles also provide valuable background on the essentials of a particular country as a seat.
This edition covers Australia, China, Hong Kong, India, Japan, Korea, Malaysia, Singapore and Vietnam. It also has overviews of construction and infrastructure disputes in the region (and how to avoid them), investment treaty arbitration (particularly its relevance to the Belt and Road Initiative), the impact of COVID-19 on the art of damages calculation, and third-party funding.
Andre Yeap S.C. and Kelvin Poon from the International Arbitration Practice contributed an article on The Rise of Arbitration in the Asia-Pacific, while Andre and Avinash Pradhan, also from the International Arbitration Practice, contributed the Country Chapter on Malaysia.
For more information, please click here for the full Review.
August 2020 Edition of Gambling.Re – Effects of COVID-19 on the Gambling Industry in Singapore
Lau Kok Keng, Head of Intellectual Property, Sports and Gaming at Rajah & Tann Singapore, contributed an article titled "Effects of COVID-19 on the Gambling Industry in Singapore" to the August 2020 edition of Gambling.Re.
Singapore is slowly reviving its economy after the two-month Circuit Breaker period spanning 7 April 2020 to 1 June 2020, during which the country entered a lockdown in all but name. Since then, more and more businesses have been progressively added to the list of those permitted to reopen. As a non-essential business, the terrestrial gaming industry has perhaps borne the brunt of the COVID-19 pandemic, together with the travel and hospitality sectors.
The article covers the salient features of the gambling industry in Singapore, provides a snapshot of the key events that have taken place in the last six months, and assesses the impact on the gambling industry together with government relief measures targeted at cushioning the effect of the pandemic. Finally, it turns to sketch out key considerations that gambling operators should take into account as heightened operating requirements, changed customer preferences, and the approaching economic downturn inexorably move the gambling industry into a new world.As the COVID-19 situation in Singapore is a rapidly evolving one, it should be clarified that this article reflects the state of matters as at 23 June 2020.
Gambling.Re is an initiative of the Legal Research Association, a non-profit organisation with the objective of contributing to the effective and coherent application of legislation for business sectors around the world. For the full article, please click here to access the August edition of Gambling.Re.
Rajah & Tann Singapore Contributes to the Singapore Chapter of Lexology Getting The Deal Through – Initial Public Offerings
Rajah & Tann Singapore has contributed to the Singapore chapter of Lexology Getting The Deal Through – Initial Public Offerings.
Authored by our leading Capital Markets partners Evelyn Wee and Hoon Chi Tern, and senior associate Jasselyn Seet, the Singapore chapter of Initial Public Offerings looks into the following:
The full Singapore chapter can be read here.
- the size, issuers and exchanges of IPO markets in Singapore
- regulatory regime relating to IPO in Singapore
- timetables, costs and fees
- corporate Governance
- considerations and requirements for foreign issuers
- relevant tax issues and investor claims
- key developments and emerging trends
Rajah & Tann Singapore Contributes an article on “Relevance and Use of the VIMA in Southeast Asia” in Singapore Academy of Law’s Venture Capital Investment Model Agreements (“VIMA”) handbook
In collaboration with Vertex Ventures, Brian Ng and Lee Jin Rui from the Mergers & Acquisitions Practice of Rajah & Tann Singapore have co-authored and contributed the article “Relevance and Use of the VIMA in Southeast Asia” in the Venture Capital Investment Model Agreements ("VIMA") handbook published by the Singapore Academy of Law.
The article explains how the VIMA documents will be relevant not only for start-ups in Singapore but also start-ups within the Southeast Asia region. It also explains how the VIMA documents may be used for direct investment in non-Singapore start-ups in the region, and the major issues and considerations when doing so.
The VIMA handbook is a compendium of practical and user-friendly articles catered for the start-up doing its first Convertible Agreement Regarding Equity ("CARE") or Series A financing, to the more experienced investor and practitioner looking for an instructive refresher.
The VIMA handbook and articles may be accessed here (which may require registration).
Rajah & Tann Singapore Contributes to the Singapore Chapter of Chamber and Partners’ Corporate M&A 2020 Guide
Rajah & Tann Singapore recently contributed to the Singapore chapter of the Corporate M&A 2020 guide published by Chambers and Partners.
Exclusively authored by our leading M&A partners Lim Wee Hann, Lawrence Tan, Sandy Foo and Favian Tan, the Trends and Developments section of the guide looks into the following:
The full Singapore chapter can be read here.
- Overview of M&A Activity in Singapore and the Region;
- Key Trends in the M&A Space;
- Developments in Singapore Law affecting M&A Transactions; and
- Outlook for 2020.
Lex Mundi Global Report on COVID-19 Government Support Measures
The economic fallout from the COVID-19 shockwave places many companies at financial risk. As governmental authorities formulate and roll-out new support measures intended to throw companies a lifeline, the Lex Mundi full-service member firms have come together to provide a snapshot of the policies implemented and announced in 104 jurisdictions.
In this wide-reaching report, the content for each jurisdiction is provided locally, by experts on the ground steeped in the local legal business culture. The guide gives a quick and comparative reference for the policies and measures across the respective jurisdictions.
Our Competition & Antitrust and Trade Practice contributed to the Singapore chapter of this guide, which will be regularly updated to take into account changes and additions to the measures announced thus far. If you have any question, do not hesitate to contact Ms Kala Anandarajah (firstname.lastname@example.org).
For more information, please click here for the full guide. An interactive version of the guide is available on the Lex Mundi Website here.
Lex Mundi Global Climate Change Law Guide
The interest in global climate change policies has increased over the past decade, and legal functions within organizations must understand how relevant climate change laws apply to conduct their business. Working with colleagues from across the world, Kala Anandarajah and Alvin Tan from the Competition & Antitrust and Trade Practice have contributed the Singapore chapter to the Lex Mundi Global Climate Change Law Guide. This Guide was developed to help in-house counsel understand relevant policies, measures and legislation related to climate change regimes in more than 30 jurisdictions around the world.
Specific questions and topics addressed include:
- National Policies
- GHG Emission Trading Schemes
- Renewable Energy Sources
- Energy Efficiency Measures
- Financial Institutional Measures
- Prominent Litigation Cases
For more information, please click here for the full Guide, and here for the Singapore chapter.
Lex Mundi Global Mergers and Acquisitions Trends Report
Rajah & Tann Singapore contributed to the Lex Mundi Global Mergers and Acquisitions Trends Report. This Report collates Lex Mundi member firms’ insights in respect of mergers and acquisitions (“M&A”) in their respective jurisdictions, including key concerns facing private company M&A practitioners, deal activity by market segment and sector and their predictions for 2020.
Some key findings highlighted in the Report include:
- In Asia and the Pacific, due diligence ranks as a top area of concern for M&A practitioners;
- Transaction structure is noted high on the list of priorities for M&A practitioners, for example, foreign shareholder restrictions across Asian jurisdictions, the US-China trade war and onerous regulations impact structuring;
- Half of the Lex Mundi member firms in Asia and the Pacific expect M&A deal volume to increase in their jurisdictions during 2020. For some, this is reflective of periods of political stability and steady economic growth; and
- M&A interest in private equity and venture capital deals in the technology space and REITS is likely to continue, with Singapore REITS poised for further consolidation in 2020.
For more information, please click here for the full Report.
We hope you find the regional themes and trends addressed in the Report a useful resource when advising businesses on cross-border transactions during 2020.
Rajah & Tann Singapore Contributes to Guide to Doing Business in Singapore 2019
Rajah & Tann Singapore contributed to the Singapore Guide that forms part of the Lex Mundi Guides to Doing Business series. Our firm is a member firm of Lex Mundi, the world's leading network of independent law firms.
The Lex Mundi Guides to Doing Business series offers valuable, information-packed resources prepared by premier member firms that provide general information about legal and business infrastructures in jurisdictions around the world.
The Guide covers an essential host of topics including the various business structures, licensing, incentives, competition law, employment and taxation. It will be a valuable resource to investors looking to set up business in Singapore or conduct their business activities here.
For more information, please click here for the full Guide.
Legal Era: "Singapore Incorporates UNCITRAL Law in Debt Restructuring"
Chua Beng Chye and Raelene Pereira from the Restructuring & Insolvency Practice wrote an article titled "Singapore Incorporates UNCITRAL Law in Debt Restructuring" in the November 2019 issue of e-magazine Legal Era. In the article, Beng Chye and Raelene discuss the UK decision in H&C S Holdings Pte Ltd v Glencore International AG  EWHC which has recognised Singapore's moratorium law for insolvent companies. It is a landmark decision as it is the first application for recognition of Singapore insolvency proceedings under section 211B of the Singapore Companies Act in England. In that case, the Recognition Application was supported, among other things, by an expert report by Rajah & Tann Singapore's Managing Partner Patrick Ang, who explained the background leading to the introduction of section 211B in the Singapore Companies Act.
The authors highlight that the ruling in this case is positive for debt workouts across different jurisdictions. It also demonstrates the practical value of the frameworks of the UNCITRAL Model Law on Cross-Border Insolvency given the increasingly transactional nature of restructuring and insolvency proceedings. This will in turn boost Singapore's aim to become Asia's debt restructuring hub.
Legal Era is published by the Legal Media Group.
For more information, click here to read the article.
The Business Times: "The 5G Bandwagon Offers Promise – and also Challenges"
Rajesh Sreenivasan, Head of the Technology, Media and Telecommunications Practice, and Tanya Tang from the same practice wrote an article for The Business Times in its 14 May 2019 edition. Titled "The 5G Bandwagon offers promise - and also challenges", the article provides a discussion of the benefits that 5G technology brings, such as faster data download and upload speeds, and massive reduction in latency. Latency is the time gap between the sending of information and the receiving of a response. Latency reduction would translate to instantaneous response time for autonomous vehicles thereby reducing accidents caused by a delayed response due to latency. The other benefits that can be derived from 5G include greater factory automation, remote healthcare services, augmented-reality applications, enhanced multi-player gaming experiences and a larger Internet of Things ("IoT") ecosystem.
Due to the technology's unique features, the deployment of 5G raises some legal and regulatory issues, including spectrum allocation, network deployment and privacy and security challenges. Given this, the authors highlight that it is important that all interested parties (including network providers and technology companies) engage the regulator to shape the regulatory framework and industry development efforts.
The SME Magazine: "Empowering the Next Generation"
Hoon Chi Tern and Jasselyn Seet from the Capital Markets / Mergers & Acquisitions Practice wrote an article in the May/June 2019 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In the article, Chi Tern and Jasselyn highlight the growing trend of Singapore's first-generation entrepreneurs reaching retirement, and the need for them to ensure that the legacy of entrepreneurial success does not fade away. They then look at the various options to achieve this, and the common pitfalls to avoid on the way there.
Insolvency Professionals under the Omnibus Insolvency
Managing Partner Patrick Ang and Xiang Chew from the Restructuring & Insolvency Practice co-authored an article in INSOL World, the quarterly journal of INSOL International ("INSOL"). Titled “Insolvency Professionals under the Omnibus Insolvency”, the article which was featured in the First Quarter 2019 issue of the journal, discusses the changes to Singapore’s bankruptcy and corporate insolvency regimes brought about by the passing of the Insolvency, Restructuring and Dissolution Act 2018. These include the introduction of licensing rules for insolvency practitioners and allowing liquidators to assign the proceeds of his statutory causes of actions to a funder. These are welcome changes to keep the legislation in line with current developments.
The article was first published in INSOL World – First Quarter 2019. INSOL is a world-wide federation of national associations of accountants and lawyers who specialise in turnaround and insolvency.
Guide to the Real Estate Industry
Real estate is immovable, and therefore very much tied up in the legal, regulatory and market environment in which it finds itself, as well as the local customs, practices and perspectives which influence or dictate the investors in that market. A keen understanding of all these considerations is critical to working out the basic features of any real estate deal – the most advantageous structure, the indispensable and the unacceptable terms, and the costs of completion, compliance and enhancement. This is no easy feat when it comes to regions such as ASEAN and China – each a huge group of multiple and varied jurisdictions with enormous promise but each also having different laws, regulations, and native conditions and cultures.
Rajah & Tann Asia has prepared this guide which gives a brief comparative overview of certain key insights to the real estate industry in Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Authored by Rajah & Tann Asia member-firms’ real estate lawyers with in-depth and extensive experience in real estate transactions in the region, this guide is crafted to be a useful aide to investors who are navigating or are looking to navigate this part of the world for their real estate investments.
Rajah & Tann Singapore Contributes to Doing Business in ASEAN 2016 (2nd Edition)
Doing Business in ASEAN 2016 (2nd Edition) is a joint publication produced by United Overseas Bank Limited, RSM Chio Lim LLP, and Rajah & Tann Singapore.
This publication provides a good overview of the business, economic, political and cultural trends in member states of ASEAN. It covers a wide range of topics from socio-political climates of various member states, key achievements under the AEC Blueprint 2015 and recent developments to E-commerce in ASEAN.
This publication will prove a handy resource for those seeking to learn more about ASEAN and its member states as well as ASEAN's relations with the broader world, ranging from East Asia to the European Union.
For more information, please click here
to view the publication.
The SME Magazine: "With Personal Data Comes Great Responsibility"
Chester Toh and Tan Jen Lee from the Corporate Commercial Practice wrote an article in the March / April 2019 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In the article, Chester and Jen Lee note the rise of the digital marketplace, such as e-commerce, online travel and ride hailing. In handling online transactions, SMEs collect personal data of their customers. Given this, they highlight that SMEs must familiarise themselves with the obligations and requirements under the Personal Data Protection Act ("PDPA"), particularly in obtaining the consent of the customers, communicating clearly the purposes for which the data is collected, and developing an appropriate data notification procedure in cases of data breaches. As breaches of the PDPA have severe consequences, the authors advise SMEs to step-up and regularly ensure that they have in place efficient systems that deal with personal data.
Financial Crimes in Singapore, Second Edition
Hamidul Haq and Thong Chee Kun from the White Collar Crime Practice authored a book titled "Financial Crimes in Singapore, Second Edition". Published by LexisNexis, the book provides a clear and concise overview of relevant laws in respect of various white-collar or business crime offences in Singapore. It includes topics on insider trading, market manipulation under the Securities & Futures Act, corruption, anti-money laundering and countering terrorism financing, and fraud in the workplace.
The first edition of the book, written by the same authors, was published in 2014.
The Practitioner's Guide to Global Investigations, Third Edition
Danny Ong and Sheila Ng from the Fraud Asset Recovery and Investigations Practice share their insight on the nuances of the law and processes in Singapore relevant to cross-border investigations, in the third edition of The Practitioner's Guide to Global Investigations. The publication provides a practical guide on cross-border corporate investigations covering 21 jurisdictions.
The hyperlinked Singapore chapter is an extract from the third edition of The Practitioner's Guide to Global Investigations. The whole publication is available at https://globalinvestigationsreview.com/edition/1001290/the-practitioners-guide-to-global-investigations-third-edition.
Lex Mundi Global Anti-Corruption Compliance Guide
Hamidul Haq from the White-collar Crime Practice contributed the Singapore chapter of the Lex Mundi Global Anti-Corruption Compliance Guide. The guide provides information on local anti-bribery and corruption regimes in more than 75 jurisdictions around the world.
A Comparative Overview of Distribution and Marketing of Drugs Across Asia-Pacific
Rajah & Tann Singapore LLP and Assegaf Hamzah & Partners contributed the Singapore and Indonesia chapters of the publication prepared by the Life Sciences Asia Pacific Network ("LAN) titled "A Comparative Overview of Distribution and Marketing of Drugs Across Asia-Pacific". The guide provides a comparative overview of the distribution and marketing of drugs in Australia, China, India, Indonesia, Japan, Korea, Singapore, Taiwan, Thailand and Vietnam. It also highlights the key legal and commercial issues to consider when doing business in the region. Rajah & Tann Singapore LLP and Assegaf Hamzah & Partners are members of LAN.
The International Comparative Legal Guide (ICLG) to: Cybersecurity 2019
The publication covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers – in 32 jurisdictions. The Singapore chapter was contributed by
Rajesh Sreenivasan, Head of the Technology, Media and Telecommunications Practice and Associate Michael Chen. The publication was first published on 16 October 2018. Published by, and reproduced with permission from, Global Legal Group Ltd, London.
Asian Legal Business: “Transforming Legal Practice for Growth in the New Digital Economy”
Rajesh Sreenivasan, Head of the Technology, Media and Telecommunications Practice, wrote an article in the August 2018 issue of the Asia Edition of Asian Legal Business. In this article titled “Transforming legal practice for growth in the New Digital Economy”, Rajesh relates how Rajah & Tann has tackled the challenges brought about by technological advancements in the firm’s day-to-day operations. Rajah & Tann was one of the early participants in Singapore Academy of Law’s Future Law Innovation Programme ("FLIP"), which aims to encourage and accelerate the adoption of legal technology among Singapore law firms. The firm has started migrating the firm’s servers and software capabilities onto the cloud since the latter part of last year. It has also adopted the UK-based Luminance’s artificial intelligence technology to enhance its due diligence process for mergers and acquisitions. In March this year, it launched a legaltech business initiative named “Rajah & Tann Technologies” to provide a holistic set of services to its clients to address their spectrum of technical and legal needs in the new digital economy.
GAR’s Construction Arbitration Know-How – Singapore
Global Arbitration Review (“GAR”) know-how provides reliable cross-jurisdictional insight to help cement the building blocks of international practice in construction law. The Singapore chapter of the publication was authored by Head of Construction & Projects Practice, Soh Lip San, and Shannon Tan. First published in July 2018. The whole publication is available at https://globalarbitrationreview.com/know-how/topics/1000341/construction-arbitration-
The International Arbitration Review (Ninth Edition)
The publication provides an update on recent developments in international arbitration. The Singapore chapter was contributed by Partner Kelvin Poon and Senior Associate Alessa Pang from the International Arbitration Practice. The article was first published in July 2018. Reproduced with permission from Law Business Research Ltd.
The SME Magazine: "Before you Take the Keys"
Lina Chua from the Corporate Real Estate Practice wrote an article in the July / August 2018 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In the article titled "Before you Take the Keys", Lina highlights the issues that tenants may wish to consider when entering into commercial leases. As a start, tenants need to bear in mind that different properties are approved for different uses. Once one has identified the suitable premises to rent, a title search should be conducted to verify the ownership and the right of the landlord to lease the property. Potential tenants need to read the lease agreement carefully and consider the terms and conditions set out in the agreement. Besides rent, tenants should also take note of other charges, contributions and taxes that are payable or subject to increase.
Global Legal Insights - Banking Regulations 2018
This publication covers key topics including regulatory architecture, themes and developments, bank capital requirements, bank governance and internal controls, Fintech, rules governing banks' relationships with their customers and other third parties in 29 jurisdictions. The Singapore chapter was contributed by Regina Liew and Larry Lim, Head and Deputy Head, respectively, of the Financial Institutions Group. The chapter highlights Singapore’s strong international presence as a key financial hub in Asia and its vision as a Smart Financial Centre with fintech developments continually transforming the delivery and transportation of financial services in the nation. In addition, the analysis on the latest regulatory landscape of Singapore and the multifaceted role of banks serves to provide readers a comprehensive view of the banking industry in Singapore. First published on 5 April 2018. Published by, and reproduced with permission from, Global Legal Insights.
Lex Mundi ASEAN Intellectual Property Guide
This Guide provides an overview of regulatory framework for patent and trademark protection in the ASEAN countries. It is laid out in a Q&A format that allows for easy comparison of the law and related procedures in each jurisdiction. The Singapore chapter (pages 148-165) was co-authored by Head of Intellectual Property, Sports and Gaming Practice Lau Kok Keng, Partner Nicholas Lauw, and Associates Jiamin Leow and Olivia Wee. First published in May 2018. Copyright 2018 @ Lex Mundi.
The SME Magazine: “Do’s and Don’ts of Disciplining Employees”
Jonathan Yuen, Head of the Employment & Benefits (Disputes) Practice, wrote an article in the May / June 2018 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times.
In this article titled "Do's and Don'ts of Disciplining Employees", Jonathan shares his thoughts on disciplining employees, and offers three simple principles to adhere to when conducting an investigation at the workplace. First, fact find objectively. Second, be fair in engaging the employee who is the subject of the investigation. Third, if an offence has been committed, ensure that the response is legally consistent with the employee’s employment agreement and the law.
International Insolvency & Restructuring Report 2018/19
Deputy Managing Partner Patrick Ang and Practice Trainee Lim Wee Teck Darren contributed the Singapore chapter of the International Insolvency & Restructuring Report 2018/19. The publication provides a global guide to the insolvency and restructuring marketplace, and covers recent developments in various jurisdictions such as Australia, Cayman Islands, China, Hong Kong, Japan, Mexico, Netherlands, Spain, Switzerland, UK and the USA. Published by Capital Markets Intelligence Ltd.
More holistic protection for consumers with new CCCS
Kala Anandarajah, Head of the Competition & Antitrust and Trade Practice, and Joshua Seet from the same Practice wrote an article in the 16 April 2018 issue of The Straits Times titled "More holistic protection for consumers with new CCCS".
On 1 April 2018, the Competition Commission of Singapore ("CCS") expanded its role by taking on the consumer protection function that was previously under Spring Singapore. The new agency has been renamed Competition and Consumer Commission of Singapore ("CCCS"). This consolidation of functions into one agency follows from similar practices in jurisdictions such as Australia and the United States through the Australian Competition and Consumer Commission and Federal Trade Commission, respectively. The consolidation of the consumer protection and competition functions into one agency may perhaps be more forthright in addressing the different aspects of consumer interest.
The SME Magazine: "Stay Safe"
Lionel Tan from the Technology, Media and Telecommunications Practice wrote an article in the March / April 2018 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In this article titled "Stay Safe", Lionel highlights that Singapore's SMEs are more vulnerable to cyber-attacks compared with their larger counterparts. This is because they often deploy less complex technologies to guard against cyber-attacks. Cyber breaches often lead to companies losing their customers' personal data. They put in place cyber security measures to prevent cyber-attacks from happening within their organisations. Implementing cyber security measures may seem burdensome in the short term. However, this may prove beneficial in the long run as the measures are intended to mitigate against the effects of a significant cyber breach and ensure business continuity.
Medical fee guideline: a case of full circle
Kala Anandarajah, Head of the Competition & Antitrust and Trade Practice, and Joshua Seet from the same Practice, wrote an article in the 15 December 2017 issue of The Straits Times titled "Medical fee guidelines – a case of full circle?".
The Ministry of Health announced in 2016 that it would introduce a set of medical professional fee benchmarks ("MOH fee benchmark") in 2017, a decade after the medical industry body, Singapore Medical Association ("SMA"), first decided to withdraw its guidelines on fees for doctors in private practice ("GOF") in 2007 amidst concerns that the GOF would breach Singapore's Competition Act ("Act). Following a 1 ½ year-long review, the Competition Commission of Singapore ("CCS") confirmed that the GOF had the effect of restricting competition within Singapore. The SMA's appeal to the Ministry of Trade and Industry to exclude the GOF from the Act was also rejected. In this article, Kala and Joshua explain what MOH fee benchmark is, and what makes it different from the GOF such that it raises fewer competition concerns.
The SME Magazine: "Behind the Warm Welcome"
Koh Tien Gui from the Hospitality Practice wrote an article in the January/ February 2018 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times.
In this article, titled "Behind the Warm Welcome", Tien Gui provides a brief introduction to an essential component of the hotel industry - the hotel management agreement ("HMA"). Owing to the long-term impact of the terms and conditions of the HMA to the hotel owner and the hotel operator, he advised that businesses should negotiate carefully these terms and conditions before signing the same.
The Sports Law Review (Third Edition)
This publication aims to provide an analysis of recent developments in sports law and their effects on the sports law sector in 23 jurisdictions. The Singapore chapter was contributed by Head of Intellectual Property, Sports and Gaming Practice Lau Kok Keng and Associate Chia T-Chien. First published in November 2017. Reproduced with permission from Law Business Research Ltd.
The SME Magazine: "Doing the right thing as an employer"
Jonathan Yuen, Head of the Employment and Benefits (Disputes) Practice, and Francis Chan from the same Practice, contributed an article in the November / December 2017 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In this article, titled "Doing the right thing as an employer", Jonathan and Francis explore the common employment pitfalls faced by SMEs in Singapore and provide pointers on how to navigate such pitfalls based on current legislation and best practices.
International Comparative Legal Guide to: Insurance & Reinsurance 2018
This publication provides a practical cross-border insight into insurance and reinsurance law. The Singapore chapter was contributed by Elaine Tay. Published by, and reproduced with kind permission from, Global Legal Group Ltd, London.
Bloomberg BNA Privacy and Security Law Report: “Strengthening the Great Cyber-Wall of China – An Effort in Protecting the Masses in Cyberspace or Keeping Out the Foreigners?”
This article, co-authored by Benjamin Cheong from the Technology, Media and Telecommunications Practice, discusses China's recently promulgated Anti-Terrorism Law, National Intelligence Law and Cybersecurity Law and how they are likely to be implemented. It addresses the impact of these laws and regulations for multinationals operating in or seeking to expand their footprint into China. Reproduced with permission from Privacy and Security Law Report, 17 PRA 194, 10/10/2017. Copyright © 2017 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com.
The SME Magazine: "Monetising Myanmar’s Potential"
Chester Toh, Head of the Integrated Regulatory Practice, wrote an article in the September / October 2017 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In this article, titled "Monetising Myanmar's Potential", Chester notes that the opening up of Myanmar has given rise to tremendous business opportunities especially in the information technology ("IT") sector. Consequently, more investors and businesses flock the country to take advantage of the burgeoning IT sector. Chester advises entities looking to tap into the Myanmar market to make adequate preparations before making the leap. They need to balance the risks and rewards when approaching the opportunities on offer in Myanmar.
The SME Magazine: "Evolving with the AEC"
This article, co-written by Head of Integrated Regulatory Practice Chester Toh and Associate Tan Jen Lee, appeared in the July / August 2017 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In this article, the authors outline the evolution of the ASEAN Economic Community ("AEC"), and evaluate the goals of its 2025 Blueprint and their impact on private corporations and SMEs.
International Comparative Legal Guide to: Cybersecurity 2018
This publication provides a practical cross-border insight into cybersecurity work. The Singapore chapter was contributed by Rajesh Sreenivasan, Head of the Technology, Media and Telecommunications Practice, and Associate Michael Chen. Published by, and reproduced with kind permission from, Global Legal Group Ltd, London.
SICC News: "PRC Supreme People’s Court Endorses Recognition of Singapore High Court Money Judgment"
This article, written by Partner Tan Chuan Thye SC, was in the June 2017 issue of SICC News, a bi-monthly publication of the Singapore International Commercial Court ("SICC"). In this article, the author shares that the Supreme People’s Court of China ("SPC"), in the context of the People's Republic of China's "Belt and Road" Initiative, released on 15 May 2017 a list of 10 Chinese courts cases that promote the initiative. One of the cases referenced by the SPC was the Nanjing Intermediate People's Court decision, Kolmar Group AG v Jiangsu Textile Industry (Group) Import & Export Co., Ltd (2016) Su01 Assisting Foreign Recognition No. 3 ("Nanjing IPC Decision"). The Nanjing IPC Decision recognised a Singapore High Court money judgment in favour of the plaintiff when the defendant failed to enter an appearance in the Singapore action.
Lex Mundi Global Gaming Law Guide 2017
This is a multi-jurisdictional Guide that addresses the most common topics of interest and concern to the gaming sector clients in a high-level Q&A format. The Singapore chapter (pages 105-113) was co-authored by Head of Intellectual Property, Sports and Gaming Practice Lau Kok Keng and Associate Chia T-Chien. First published in May 2017. Copyright © 2017 Lex Mundi and Inside Asian Gaming.
Lex Mundi Global Data Privacy Guide
This Guide provides key data protection concepts and issues around the world. The Singapore chapter, contributed Deputy Head of the Technology, Media and Telecommunications Practice Steve Tan, provides in a nutshell the key provisions of Singapore's data protection legislation, the Personal Data Protection Act 2012, including relevant regulations on the use, disclosure, storage, and retention of personal data.
The Business Times: “Firms Must Put in Place Sufficient Cybersecurity Measures”
This opinion piece, written by Deputy Head of the Technology, Media and Telecommunications Practice Steve Tan, appeared in the 9 May 2017 issue of The Business Times. In this article, the writer urges companies to have the necessary cybersecurity measures in place to combat large-scale and high-profile data breaches. He also provides tips on how an organisation can ensure compliance with prevailing legal regulations governing popular technology solutions.
The SME Magazine: “Dealing with Digital Disruption”
This article, penned by Partner Lionel Tan, appeared in the May / June 2017 issue of The SME Magazine, the bi-monthly publication for the small- and medium-sized enterprises ("SMEs") of The Business Times. In the article, Lionel reminds SMEs to be mindful of the regulatory constraints, data protection issues, intellectual property rights and legal risks associated with the use of social media platforms, before embarking on a strategy to adopt a disruptive model in their businesses.
Global Legal Insights to: Banking Regulation 2017
This publication covers key banking regulation topics including local banking regulations, bank capital requirements, governance and internal controls in participating jurisdictions. The Singapore chapter was contributed by Head of Financial Institutions Group Regina Liew and Deputy Head of the Group, Larry Lim. Copyright 2017 © Global Legal Group.