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    12:56 PM Tan Xi-en Rachel (Research Assistant at the Centre for International Law and Incoming Practice Trainee at Rajah and Tann LLP) and Professor Lucy Ferguson Reed (Director, Centre for International Law and Professor, NUS Faculty of Law)

    Developing Singaporean Jurisprudence on Reviewing Investor-State Arbitral Awards: Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others [2017] SGHC 195

    Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others (“Lesotho v Swissbourgh”) is the first case in which the Singapore High Court (“SGHC”) has set aside the final jurisdiction and merits award of an investor-State arbitral tribunal. The case was brought before the SGHC in Originating Summons No 492 (“OS 492”), in which the plaintiff, the Kingdom of Lesotho (“Lesotho”), successf...

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    04:40 PM Wu Junneng (LLB (Hons), University of Bristol)

    Shipowner’s lien and interim measures of protection in aid of International Arbitration – Reflections from The Moscow Star and Five Ocean Corp v Cingler Ship Pte Ltd

    National Courts are empowered to order interim measures of protection in aid of international arbitrations where the arbitral tribunal is unable to act effectively. This power applies equally to both seats and non-seats of arbitration. In Singapore, such interim measures of protection include inter alia making orders for preservation, interim custody or sale of any property which is, or forms, par...

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    10:47 PM Victor Looi (LLB, BBM(Finance), Singapore Management University)

    The Amendment of Patent Claims, Protection of Subsequent Medical Uses, and Validity of Swiss-Style Claims

    In the recent decision of Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd [2017] SGCA 45, the five-judge Court of Appeal (the “CA”) examined two issues in patent law which had hitherto received scant mention by the local courts, viz, whether subsequent medical uses of known substances were protected under the Patents Act (the “Act”), and whether Swiss-style claims (i.e., purpose-limited ...

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    01:46 PM Hairul Hakkim (Justices’ Law Clerk, Supreme Court, Singapore) and Kevin Ho Hin Tat (Practice Trainee, WongPartnership LLP)

    The end of the “doctors know best” era – from medical paternalism to patient autonomy

    When can a doctor be sued for giving negligent medical advice? The principles in Bolam v Friern Hospital Management Authority [1957] 1 WLR 582 together with the addendum in Bolitho v City and Hackney Health Authority [1998] AC 232 (collectively, the “Bolam-Bolitho” test) have long governed the standard of care to be met by doctors. Under this test, a doctor would not be negligent if his conduct ca...

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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...