2321 records match your query:
|461. ||JULY 2005 Issue|
|Is Discovery Available Prior to the Commencement of Arbitration Proceedings?|
Pinsler, Jeffrey  Sing JLS 64 (Jul)
Discovery before action is a relatively recent development in Singapore and other common law countries and is now well established. However, case law has yet to determine whether a party to an arbitration agreement is entitled to discovery prior to arbitration. This issue raises various questions concerning the nature of arbitration legislation and the Rules of Court, and the extent of the court's inherent powers.
|462. ||JULY 2005 Issue|
|Crossing Time's Boundaries: A Comparative View of Legal Responses to the Pre-Incorporation Contract|
Omar, Paul J  Sing JLS 76 (Jul)
This article outlines the problems attendant on the conclusion of contracts intended to be performed by a company, though entered into by a promoter or interested party before the company's formation. Such pre-incorporation contracts, widely used as a vehicle for obliging co-contractants, are nonetheless not without difficulties, notably in cases where liability for performance or non-performance is at issue. It is the purpose of this article to take a comparative view of how these questions have been dealt with in a number of Commonwealth countries, including the United Kingdom, as well as Europe, where the company law harmonisation initiative has attempted to create a unique rule to apply to both common law and civil law jurisdictions.
|463. ||JULY 2005 Issue|
|Key Developments in Corporate Law Reforms in Malaysia|
Pasco, Janine and Rachagan, Shanthy  Sing JLS 93 (Jul)
This paper outlines recent milestones in Malaysia's efforts to raise the standards of corporate governance and directors' duties. Much has been achieved concerning the regulation of listed companies. This can be attributed in lager part to the overhaul of the Listing Requirements of the Burs Malaysia Securities Bhd, which occurred in 2001 as a response to recommendations of the High Level Finance Committee. The next challenge involves the reformulation of core provisions of the Companies Act 1965 regulating directors' duties and related party transactions. This reform task is currently in the hands of the newly constituted Corporate Law Reform Committee.
|464. ||JULY 2005 Issue|
|So What if Time is of the Essence|
Stanndard, John E  Sing JLS 114 (Jul)
This article is concerned with the remedies available for delay in the performance of contractual obligations, and in particular with the proper analysis of the question whether time is of the essence. The law in this area is both difficult and complex, not only with regard to whether is of the essence in any given case, but also with regard to what this entails. It is argued that many of the difficulties arise from the ambiguous and inconsistent way in which the courts have approached the question whether time is of the essence, the concept being used in several distinct, albeit related, sensed. The article seeks to demonstrate that the law relating to the topic is unnecessarily complicated, and to suggest ways in which it might be simplified.
|465. ||JULY 2005 Issue|
|Sending the Right Signals on Corporate Liability for Employee Insider Trading|
Loke, Alexander FH  Sing JLS 137 (Jul)
The recent enforcement action taken by the Monetary Authority of Singapore ("MAS") against three employees of the Government of Singapore Investment Corporation ("GIC") is the first publicized case in Singapore involving cross border insider trading under the Securities and Futures Act. The present article looks at the impact of the new insider trading provisions on enforcement across borders, and more substantially, the apparent Singapore legal position on corporate liability for insider trading by corporate agents. While the three GIC employees were made to pay civil penalties, the MAS took the position that GIC itself was not liable because its senior executives were unaware of the transactions. One implication is that a corporation is legally entitled to keep the fruits of its agents' unlawful activity. Such a result was, fortunately, avoided in the GIC case by the corporation volunteering to turn over its gains to the MAS. The author argues that a more purposive and holistic reading of the statutory provisions permits a wider interpretation, one that would result in a more coherent law on insider trading. Even if the narrow position is the right one to adopt, the untenable consequence prompts legislative amendments to reverse the position. The author argues first for necessary clarification in the law on corporate liability for insider trading. Second, he argues for rules to conduce corporations toward taking robust safeguards against insider trading by its employees. Third, he argues for a distinct rule to deprive corporations of the fruits of unlawful activity, this notwithstanding the fact that the employee was on a frolic of his won and that the corporation is not blameworthy.
|466. ||JULY 2005 Issue|
|Fissures in the Fa231;ade of Fair-Dealing: Users' Rights in Works Protected by Copyright|
Ong, Burton  Sing JLS 150 (Jul)
A significant part of the copyright regime is premised on a delicate balance being stuck between the rights of those who create works for commercial exploitation and the interests of the audience of "users" for whom those works were created to edify, engage and entertain. In view of the increasing pressures from copyright owners seeking to fortify the nature and scope of their exclusive rights, what role do the courts play in restoring balance to the copyright system through the way they interpret the statutory defences to copyright infringement? This article will evaluate a recent attempt by the Canadian Supreme Court to widen the scope of the "fair dealing for private study or research" defence, which has traditionally been applied restrictively, in a way which suggests that "users" of copyright works may have a stronger claim to make copies of these works than was previously thought.
|467. ||JULY 2005 Issue|
|Multiculturalism and Accommodative Liberalism Revisited|
Ramraj, Victor V  Sing JLS 159 (Jul)
In an earlier volume, I argued that state policies based on ethno-racial essentialism were undesirable and that accommodative liberalism provided a commendable alternative, enabling states to take seriously the need for ethnic groups to protect their cultural institutions and respective identities without resorting to essentialist assumptions. These arguments have since been subject to critical scrutiny by Lim Chin Leng in his essay, "Multicultural Constitutionalism." I respond to Lim's criticisms, arguing: (a) that accommodative liberalism takes group rights seriously and does not collapse into atomistic individualism; (b) that accommodative liberalism can protect group rights without resorting to essentialist assumptions; and (c) that despite its parochial origins in western political thought, accommodative liberalism dies have something to contribute to the wider debate about multicultural policy, even in Southeast Asia. Accommodative liberalism, I argue, represents a plausible attempt to construct a "big tent" - a flexible approach to pluralism and tolerance in diverse societies.
|468. ||JULY 2005 Issue|
|Cambodia and the Right to be Present: Trials in Absentia in the Draft Criminal Procedure Code|
Starygin, Stan and Selth, Johanna  Sing JLS 170 (Jul)
This paper analyses Cambodia's proposed new criminal procedure laws in relation to trials in absentia. Cambodia has always allowed trials in absentia, since its colonial days, but it is argued that recent developments in other states and in international law and practice limiting trials in absentia should be followed in Cambodia. It is argued that trials in absentia in Cambodia are likely to infringe upon the human rights of Cambodian citizens, and that they are prima facie no longer acceptable to the international community unless strict requirements are adhered to. The government of Cambodia should take into account international law, as well as its own Constitution and treaty obligations, when deciding whether the continuation of trials in absentia are appropriate for the country. The paper also analyzes potential conflicts between Cambodia's criminal procedure law and the international standards that must apply to Cambodia's special court to try former Khmer Rogue leaders, the Extraordinary Chambers. The repercussions of this conflict are discussed.
|469. ||JULY 2005 Issue|
|A Note on the Application of the Statute Law of Singapore Within its Private International Law|
Briggs, Adrian  Sing JLS 189 (Jul)[Full Text]
|470. ||JULY 2005 Issue|
|Loss of Chance - A Lost Opportunity?|
Fordham, Margaret  Sing JLS 204 (Jul)