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    12:36 AM Singapore Law Blog

    Academic Publications Digest (Jul - Dec 2019)

    Need to find academic authority for a novel proposition or interested in cutting edge issues of law? This compilation of academic publications by professors from NUS Law and SMU Law may help! The digest is prepared biannually in collaboration with the Supreme Court of Singapore. Editions of the digest can be found on SingaporeLawWatch and www.singaporelawblog.sg....

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    11:06 PM Tan Tian Hui (LLB (First Class Hons) (Bristol), B.C.L. (Oxon), Associate, Rajah & Tann Singapore LLP)

    Mareva injunctions in support of foreign court proceedings: Bi Xiaoqiong v China Medical Technologies, Inc (in liquidation) and CMED Technologies Ltd [2019] SGCA 50

    In Bi Xiaoqiong v China Medical Technologies, Inc (in liquidation) and CMED Technologies Ltd [2019] SGCA 50, the Court of Appeal (“CA”) considered whether the plaintiff has to satisfy a third requirement – that the cause of action against the defendant must also terminate in a judgment rendered by the court that issues the injunction (the “Forum Requirement”). The coram of five judges held that th...

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    04:57 PM Tan Kah Wai (LL.B. (First Class Honours), National University of Singapore)

    Recognising foreign personal bankruptcy judgments in Singapore – a critical assessment of the common law’s role and its difficulties

    In recent years, the Singapore courts have delivered several decisions on the law of cross-border insolvency. One such recent decision is the High Court’s judgment in Heince Tombak Simanjuntak and others v Paulus Tannos and others [2019] SGHC 216 (“Simanjuntak”) which raises some interesting and pertinent questions over the role of the common law courts in recognising foreign personal bankruptcy j...

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    10:48 PM Martin Kwan (LLB (Lond.), LLM (LSE))

    Can a wife consider her husband’s family business obtained from his father as a “matrimonial asset”?

    In the recent Court of Appeal decision of UEQ v UEP [2019] SGCA 45, the issue was whether, on divorce, the husband’s shares of the family business received from his father as a gift can be treated as a “matrimonial asset” for division. This case has profound impact, as the legal principle applies equally to gifted or inherited family businesses and provides valuable insights on the entitlement of ...

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    08:21 PM Iris Ng (LL.B., Singapore Management University)

    A closer look at proposed amendments to the International Arbitration Act: How far should parties be allowed to contract out of the grounds for annulling an award?

    Under Proposal 5 of the Ministry of Law’s recent public consultation on Singapore’s International Arbitration Act (“IAA”), parties will be given the option to limit or waive by agreement (collectively, “contract out of”) the annulment grounds in s 24(b) of the IAA and Article 34(2)(a) of the UNCITRAL Model Law on International Commercial Arbitration (“ML”), but not those in s 24(a) of the IAA and ...