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    11:06 PM Hairul Hakkim and Leong Hoi Seng Victor (Justices’ Law Clerks)

    When will a stay of court proceedings be granted in favour of arbitration? – interpreting “null and void, inoperative or incapable of being performed”

    When can a party successfully avoid court proceedings in favour of arbitration? This is an issue frequently encountered by the Singapore courts in the context of international commercial arbitrations. But what is not entirely clear is the scope of the terms “null and void”, “inoperative” and “incapable of being performed” (“the three limbs”) in requirement (c). This is the topic that we propose to...

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    02:49 PM Loh Kai Loon (Counsel, Ashurst ADTLaw)

    Foreign bank mergers, universal succession and the Singapore Banking Act

    In Jacob Agam and another v BNP Paribas SA [2017] SGCA(I) 01, the Singapore Court of Appeal delivered its first judgment for an appeal from the Singapore International Commercial Court. The Court of Appeal held that Section 55B of the Banking Act, Chapter 19 of Singapore (the "Banking Act") is permissive, not mandatory. Section 55B provides a method for the voluntary transfer of the business of a ...

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    04:29 PM Charleston Teo (LLB, Singapore Management University)

    Clarifying the forum non conveniens doctrine: Rappo, Tania v Accent Delight International Ltd and another and another appeal [2017] SGCA 27

    In Rappo, Tania v Accent Delight International Ltd and another and another appeal [2017] SGCA 27 ("Accent Delight"), the Court of Appeal (the "CA") clarified, inter alia, that in applying the test enunciated in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460 ("Spiliada") for natural forum cases, the availability of the Singapore International Commercial Court (the "SICC") to hear the di...

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    11:36 PM Lim Ren Jun (Principal, Baker McKenzie Wong & Leow.) and Victor Looi (Practice Trainee, Baker McKenzie Wong & Leow.)

    Narrower Protection for Compilations: Where Creativity Trumps Effort

    The issue of whether copyright protection extends to compilations of factual material has once again taken centre stage before the Singapore courts in the recent decision of Global Yellow Pages Ltd v Promedia Directories Pte Ltd and Another Matter [2017] SGCA 28. Earlier in 2016, George Wei JC (as he then was) expounded at great lengths in his seminal High Court judgment on why copyright could not...

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    11:57 AM Justin Tan (Sheridan Fellow, Faculty of Law, National University of Singapore)

    Policy considerations when interpreting tax statutes: Zhao Hui Fang v Commissioner of Stamp Duties [2017] SGHC 105

    What weight should judges give to tax policy considerations when interpreting a tax statute? In Zhao Hui Fang and others v Commissioner of Stamp Duties [2017] SGHC 105 (“Zhao”), the High Court answered, almost in a whisper, “not very much”. In this comment, I summarise the case, demonstrate how the court gave little weight to tax policy considerations and argue for more weight to be given to tax p...