|341. ||DECEMBER 2009 Issue|
|Trade Marks, Language and Culture: The Concept of Distinctiveness and Publici Juris|
Ng-Loy Wee Loon  Sing JLS 508 (Dec)
The concept of 'distinctiveness' in the Singapore Trade Marks Act 1999 plays a very important role as gate-keeper of what should be entered unto the trade mark register. For this reason, there must be proper understanding of how the statutory provisions on distinctiveness work. The aim of this article is to unravel the knots in these provisions, and to propose a construction of these provisions that furthers the policy underlying the distinctiveness requirement - namely, publici juris.
|342. ||DECEMBER 2009 Issue|
|Revisiting the General Anti-Avoidance Rule in Singapore|
Irving Aw  Sing JLS 545 (Dec)
Singapore's broadly-worded general anti-avoidance rule ("GAAR") borrowed heavily from the antitax avoidance provisions of Australia and New Zealand. It was Parliament's intention that local courts be guided by the case law of these jurisdictions in interpreting and applying the GAAR. This article discusses the different approaches that the judiciary in these two countries had adopted in interpreting and applying their respective anti-avoidance provisions, and suggests that this divergence could be attributed to a fundamental difference in the level of importance accorded to the Duke of Westminster principle. It is unclear from the Singapore High Court decision of UOL Development (Novena) Pte. Ltd. v. Commissioner of Stamp Duty whether one approach is to be preferred over the other. This article argues that it is imperative to bear in mind the reason behind the different approaches of both Australian and New Zealand courts in charting the course for a local GAAR jurisprudence.
|343. ||DECEMBER 2009 Issue|
|Mortgagees' Duty of Care in Singapore: Staying the Course|
Kelry C.F. Loi  Sing JLS 567 (Dec)
Whilst mortgagees do not owe mortgagors any general duty of care, they may come under specific duties of care, such as the duty to take reasonable steps to obtain the market price when they exercise their power of sale. This is trite law in Singapore. However, it has recently been suggested that mortgagees ought to owe mortgagors a general duty of care whenever there is no conflict of interest between them. This would effectively impose upon mortgagees a duty of care in deciding whether and when to sell the mortgaged asset. This article supports the status quo on grounds of precedent, principle and policy. The case for a general duty of care is flawed. This article argues that no general duty of care ought to be imposed on mortgagees; in particular, mortgagees should owe mortgagors no duty of care in deciding whether and when to sell.
|344. ||DECEMBER 2009 Issue|
|Why Egregious Errors of Law May Yet Justify a Refusal of Enforcement Under the New York Convention|
Ti Seng Wei, Edward  Sing JLS 592 (Dec)
Parties on the losing side in international arbitration have long argued that an error of law is a defence to the enforcement of foreign awards. Citing article V(2)(b) of the New York Convention, such parties have argued that a manifest error of law is a violation of public policy. While national courts have generally paid little heed to this line of argument, this article seeks to raise the possibility that there may yet be the exceedingly rare instance in which a court should preclude enforcing an award marred by a hideous error of law. Limited review of an arbitrator's application of the law in international arbitrations should exist where enforcing the award would be contrary to the forum's most basic notions of justice. By way of case law, natural justice and general principles of arbitral law, this article argues that if indeed such egregious awards arise, they should be denied enforcement under the Convention.
|345. ||DECEMBER 2009 Issue|
|Establishing Purchase of Documents Under a Negotiation Letter of Credit|
Ebenezer Adodo  Sing JLS 618 (Dec)
This article deals with the traditional conception of purchase of a conforming tender of documents under a negotiation letter of credit and the extent to which that understanding has evolved in the courts in recent years to meet the changing needs of bankers involved in credit operations. In particular, it provides a thorough analysis of the conventional view of negotiation as the purchase of complying presentation by a nominated bank. Along the way it tackles thorny problems involving a nominated banks's promise to pay upon receipt of funds from the issuing bank; the legal nature and effect of the banks's discounted payment of the amount of a credit after having been advised by the issuing bank that the documents are complying; the question of ascertaining the conformity of a negotiation with the negotiation period stipulated in a credit; and finally the vexed issue of what amounts to good faith purchase by a nominated bank.
|346. ||DECEMBER 2009 Issue|
|Case & Legislation Comment: Private Purpose Trusts and the Rule Against Perpetuities|
Barry C. Crown  Sing JLS 646 (Dec)
|347. ||DECEMBER 2009 Issue|
|Review Essay: Negotiating the Antinomies of the Singapore Constitutional Order: A Review Essay of Evolution of a Revolution: Forty Years of the Singapore Constitution by Li-ann Thio and Kevin Tan, eds.|
Davinia Abdul Aziz  Sing JLS 661 (Dec)
|348. ||DECEMBER 2009 Issue|
|Book Review: Encounters with Singapore Legal History: Essays in Memory of Geoffrey Wilson Bartholomew by KevinY.L. Tan and Michael Hor, eds.|
Ian Holloway  Sing JLS 671 (Dec)
|349. ||DECEMBER 2009 Issue|
|Book Review: Secured Transactions Reform and Access to Credit by Frederique Dahan and John Simpson, eds.|
Dora S. Neo  Sing JLS 674 (Dec)
|350. ||DECEMBER 2009 Issue|
|Book Review: Exploring Contract Law by Jason W. Neyers, Richard Bronaugh and Stephen G.A. Pitel, eds.|
Goh Yihan  Sing JLS 677 (Dec)