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This special issue focuses on the following topics: (a) an international perspective on the choice of law governing the substantive validity of international arbitration agreements; (b) Swiss and English arbitration laws, the material differences, as well as differences in interpretation; (c) the law applicable to the issue of arbitrability; (d) meaning, scope and sources of procedural law and lex arbitri; rights of parties to opt out and create their own procedural framework, limits on that freedom; and the process for determining the seat of arbitration; (e) extent to which voie indirecte and voie directe converge in practice; (f) state incapacity and sovereign immunity in international arbitration in, eg, Singapore, the US and the UK, and before international tribunals; (g) the different approaches adopted by investment treaty tribunals when determining the law applicable to the dispute and the significance of different treaty structures; (h) Singapore perspective on the interaction and impact of cross-border insolvencies on arbitration proceedings; (i) the origins of the Henderson rule and its operation in practice where parties have participated in a prior arbitration and then seek to commence fresh proceedings raising matters that could and should have been brought in the earlier arbitration; and (j) a survey on how Singapore courts have addressed the choice of law issues that arise in the context of setting-aside challenges to an award, challenges to the enforcement of an award, and in determining the applicable law in the arbitration.


Author(s)/Editor(s)/Contributor(s): The Right Honourable the Lord Collins of Mapesbury, Chan Leng Sun SC and Michael Hwang SC


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This special issue on company law features articles on: (a) whether Singapore should adopt a statutory codification of the common law business judgment rule as adopted by Australia, Malaysia, South Africa, and several US states; (b) the scope of the no conflict duty as it applies to company directors in the light of the bright-line statutory formulation of the duty adopted in the UK Companies Act 2006; (c) whether the business judgment rule can be transplanted into jurisdictions, the consequences and in particular the relationship with insolvent trading; (d) the conceptual questions behind two recent UK cases (Stone & Rolls Ltd v Moore Stephens [2009] 1 AC 1391 and Safeway Stores Ltd v Twigger [2010] EWCA Civ 1472) which exposes a fundamental misconception about the structure of companies and the place of the board in the company; (e) the major reforms recommended by the Steering Committee for Review of the Companies Act to streamline the Singapore Companies Act; (f) when directors are jointly liable for the tortious acts of their companies and how an appropriate balance may be achieved; (g) the current approaches to discerning the substance-procedure divide and the necessity to inquire into legislative intent and the parties’ intentions to meaningfully negotiate the difference; (h) the application of the no reflective loss principle and the allowance of recovery only if the shareholder’s right is one that is separate and independent of the company’s; (i) the expropriation of minority shareholders in family-owned firms and evaluation of the governance strategies used by the Singapore Exchange’s Listing Rules to police self-dealing transactions; and (j) the possibility of reform of Singapore’s international insolvency law by repealing s 377(3)(c) (Companies Act) and enacting the UNCITRAL Model Law on Cross-Border Insolvency.


Author(s)/Editor(s)/Contributor(s): Professor John H Farrar (guest editor)


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This issue features articles on: (a) the various prescriptive tests for inventive step in patent law, and how it could be further tweaked for enhancement in specific situations; (b) the need for the patent system to strike an appropriate balance of rights between protection and competition by examining the grant of remedies; (c) the recent Leahy-Smith America Invents Act, and how it represents a new mode for international harmonisation; (d) the issues surrounding the determination of authorisation liability, with a particular emphasis on the meaning of the word “authorise”; (e) the advantages of protecting the preparatory efforts of the makers or producers of databases and compilations; (f) the concept of authorship and the meaning of a “work”, and how these implicate the standard that is applied when one considers the question of copyright subsistence; (g) the relevance of the US transformative use doctrine to the fair dealing provision in Singapore, with an emphasis on the transformative characteristics of appropriation art; (h) a review of the development of copyright law in Singapore through the past 25 years, and how public policy considerations have shaped the legislative and judicial development of copyright law principles; (i) the anti-dilution right in modern trade mark law; (j) the increasing need for private methods of dispute resolution, with the introduction of the new generic top-level domain programme by the Internet Corporation for Assigned Names and Numbers; (k) the statutory interpretation of intellectual property law in Singapore, whether judicial creativity involved in such interpretation is desirable for Singapore’s intellectual property jurisprudence; and (l) a review of the operation of the World Intellectual Property Organization Arbitration and Mediation Center, with particular focus on the mediation and arbitration of intellectual property and technology disputes.


Author(s)/Editor(s)/Contributor(s): Professor Sam Ricketson (guest editor)


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