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SUBJECT INDEX: Singapore
Amendments to the SOP Act

The SOP Amendment Act
A Commentary on the Building and Construction Industry Security of Payment (Amendment) Act 2018

 

Since the passage of the Building and Construction Industry Security of Payment Act (Cap 30B) or the SOP Act in 2004, the dispute resolution landscape in the construction industry has changed considerably. Each year between 400 and 500 adjudication applications are lodged and the statutory adjudication process is now the

principal dispute resolution route for construction payment claim disputes.

In 2018, Parliament passed the Building and Construction Industry Security of Payment (Amendment) Act 2018. The Amendment Act raises important changes to the operation of the statutory adjudication regime, including changes to the scope of contracts which comes under the Act and the provision for the claimant to now apply for a review of an adjudication determination. This work addresses a number of important issues arising from the amendments.

The authors are senior adjudicators and general editors of the Singapore Construction Adjudication Review, an established series of reports on adjudication determinations since 2005.
 
Legal Skills: A Complete Guide

The Definitive Guide on Legal Skills

 

  • Provides a user-friendly and practical step-by-step guide to the essentials of Singapore legal process, the tools available to excel and practical guidance on advocacy strategies.
  • Addresses the much-needed practice-ready skills gap for those transitioning from law school or foreign jurisdictions into the Singapore legal practice and is the first comprehensive guide written from the Singapore perspective.
  • Written in a clear and practical manner, Ms Sim Khadijah provides a unique perspective on what’s required to succeed in law early in your career from her background as Counsel, Assistant Registrar and Judge, with experience in private practice, public service and a skills trainer for NUS, SILE and SMC.

 

There exists a gap between what is taught in law schools and the skills that are actually needed in practice. Senior lawyers may not have the bandwidth to train and mentor their junior lawyers as much as they would prefer. As a result, these young lawyers are unable to maximise their true potential in the shortest time possible. This prompted the founding of the author’s legal skills training firm, Lacuna Training Solutions, the first of its kind, to fill the training gap.

Key features: Legal Research, Analysis, Written Advocacy, Oral Advocacy, ADR, General Skills in Legal Practice, and Additional Guidance for Law Students.

 
Singapore Civil Procedure 2019

Ready for what lies ahead

When change can happen any time, constant vigilance is a must. Seize your advantage over the competition with the Singapore White Book 2019. 
 
Law & Practice of Construction Contracts in Singapore, Fifth Edition

 “It is no overstatement to say that Mr Chow is the doyen of Singapore construction law and is perhaps the foremost authority on this topic.”

 
The Honourable the Chief Justice Sundaresh Menon
Supreme Court of Singapore
From the Foreword to the 5th Edition
 
Regarded as the leading title for construction practitioners over the past 25 years, the fifth edition incorporates ground-breaking decisions on jurisdictional issues while taking into consideration the newer editions of the major standard forms such as FIDIC 2017. It also provides a commentary on the Singapore Institute of Architects Building Contracts 2016.
 
Featured Court of Appeal decisions include:
 
Grouteam Pte Ltd v UES Holdings Pte Ltd (2016) 
Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd (2018)
Comfort Management Pte Ltd v OGSP Engineering Pte Ltd (2018)
 

 

SUBJECT INDEX: Malaysia
Law and Practice of Corporate Insolvency in Malaysia

Your invaluable reference source for confident corporate insolvency practice

 
Company Meetings and Resolutions

Provides a legal and practical understanding of various company meetings which are essential for the proper administration of a corporation.

 

 
Personal Injury Reports Consolidated Tables 2013-2018

An dispensable reference for efficient and effective personal injury practice.

 

 

 

 

 
Federal Constitution: A Commentary

Provides extensive analytical commentary on the supreme law of Malaysia.

 

 

SUBJECT INDEX: Hong Kong
Competition Ordinance (Cap.619): Commentary & Annotations

• Authored and annotated by Knut Fournier, Chairman of the Hong Kong Competition Association.

• This work reproduces the full text of the Competition Ordinance (Cap.619) together with section-by-section analyses and commentaries with references to relevant case law and other legislation.
 
• Included in the annotations are definitions of words and phrases as well as practical applications of the provisions.
 
• Competition regimes of other jurisdictions are referred to and compared with wherever relevant.
 
• Guidelines of the Hong Kong Competition Commission and Hong Kong Communications Authority are reproduced in full, making this a comprehensive resource on Competition Law.
 
 
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: A MULTIDISCIPLINARY PERSPECTIVE

  • On the 30th anniversary of the implementation of the CISG, the title provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law.
     
  • Unique and jurisdictionally relevant thought-leadership content – presents national perspectives.
     
  • Provides fresh critiques on core principles as well as forecasting on potential areas for reform.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force internationally on 1 January, 1988. 2018 marked the 30th anniversary of its coming into force. So far, CISG has been favourably received by the international community as it helps remove legal barriers for international trade and diminishes uncertainties caused by the private international law system and facilitates contract negotiations in international transactions.

Three fundamental issues are addressed by the CISG:

  • the formation of a contract;
  • the obligations of the seller; and
  • the remedies available to the buyer, and the obligations of the buyer and the remedies available to the seller.

As we celebrate over three decades of this unique experiment at unifying and harmonising the law on international sale contracts and count the increasing membership of the international convention, it is also time to revisit a few specific issues that have arisen from the application of the convention.

 
Companies Ordinance (Cap.622): Commentary and Annotations 2019

The Companies Ordinance (Cap.622): Commentary and Annotations 2019 continues to be the definitive practitioner guide to the understanding and operation of the Companies Ordinance (Cap.622). Authored by a team of specialist company law practitioners, and helmed by Kingsley Ong, Notary Public and Partner at Eversheds Sutherland, and Alice Leung, Partner at Anthony Siu & Co, the two volumes include detailed analyses to the 12 Subsidiary Legislation.

 

Key updates:

1. Companies (Amendment) (No 2) Ordinance 2018

2. The latest Hong Kong Companies Registry Circulars covering topics relatingto significant controller registers, open-ended fund companies, anti-money laundering and counter-terrorist financing

 
CRIMINAL APPEALS IN HONG KONG

  • Comprehensive content – provides a one-stop reference text for all appeals in all Hong Kong criminal jurisdictions.
     
  • Holistic approach – covers both sides in the appeals process, namely appeals by defendants and the prosecution.
     
  • A practical tool – a step-by-step guide to assist practitioners commence and complete a criminal appeal including easy to read flow charts and diagrams.
     
  • Provides practitioners with context through detailed discussion and application of key cases as well as a historical chapter to explain the origins of contemporary appellate procedures and practices and a detailed introduction to the overall court structures appeal paths and the role of the prosecution in Hong Kong.
     
  • Value added content – includes discussion of the constitutional significance of criminal appeals, appeals as a human right, and appeals as an integral component of the Rule of Law.

 

Criminal Appeals in Hong Kong provides a concise and comprehensive explanation of criminal appeals in all criminal jurisdictions in Hong Kong. A chapter is devoted to each of the courts in Hong Kong and a step-by-step guide is provided to assist practitioners in deciding whether to commence an appeal or to respond to an appeal. The key statutory provisions are set out in a clear manner and key cases are discussed to explain the central legal issues. Applicable Practice Directions are included. The book also contains a detailed historical account of the development of criminal appeals in Hong Kong and a chapter explaining the court structure and the role of the prosecution. The constitutional significance of criminal appeals is explained including the meaning and scope of art 11(4) of the Hong Kong Bill of Rights and relevant provisions in the Basic Law. The importance of criminal appeals to the Rule of Law is a central theme in the book.

 

 

 

SUBJECT INDEX: United Kingdom
International Energy Arbitration

With energy disputes now compromising some 40 per cent of all international commercial arbitrations, International Energy Arbitration offers a complete guide to the subject for arbitration practitioners and in-house counsel. It takes a sector-by-sector approach, examining arbitration processes across the entire industry, from oil and gas to renewable energies such as wind and geothermal.

The book examines in detail the legal framework surrounding energy disputes. It also sets out case studies of real disputes, providing valuable insight into the practical and legal issues that exist in complex international energy disputes.

  • Reviews the historial development of the energy arbitration sector
  • Provides a detailed examination of the legal framework surrounding international energy arbitration
  • Offers practical procedural advice from experienced energy arbitrators
  • Examines different types of energy arbitration sector by sector
  • Looks at upstream, midstream, downstream and unconventional oil and gas disputes
  • Covers disputes in all areas of the electricity sector - hydrocarbons, nuclear and renewable
  • Discusss key cases in a range of energy arbitration disputes
  • Contains relevant legislation for easy reference
 
 
A Practical Guide to International Commercial Arbitration, 2nd Edition

A Practical Guide to International Commercial Arbitration provides essential hands-on guide to give you practical, up-to-date and easily accessible advice and knowledge in this area.

Bringing you a step-by-step guide to the arbitration process, it sets out to advise on building a strategy to ensure every stage of the arbitral process meets the commercial objectives and maximises its prospects of success

The new 2nd edition:

  • Is fully up-to-date to include recent rule changes from all the major arbitration bodies
  • Deals with both the contractual arrangements necessary to provide for arbitration in the event of a dispute, and the process of the arbitration itself
  • Gives expert advice on the planning and conduct of each stage of the arbitral process from drafting an agreement to arbitrate to enforcing an award
  • Includes case study scenarios, comparative tables of selected rules and laws and an extensive glossary

 

What''s New?

  • Revisions and updates to: the 2012 ICC Rules of Arbitration; the 2012 Swiss Arbitration Rules; the 2012 CIETAC Arbitration Rules; the 2012 KLRCA Rules; the LCIA Arbitration Rules and HKIAC Rules
  • Revisions and changes to national arbitration laws, including the French New Code of Civil Procedure; the Singapore International Arbitration Act; and the forthcoming changes to Swiss Arbitration Law (the international arbitration provisions of the Swiss Public International Law Act)
  • Major recent decisions in growing commercial regions including India and Brazil
  • Further coverage of developing trends, such as third party funding
  • Expanded and developed appendices including flow charts with cross referencing to the main text
  • Expanded and updated glossary
 
A Practitioner's Guide to Authorised Investment Funds, 2nd Edition

A Practitioner’s Guide to Authorised Investment Funds is a complete practitioner’s guide to fund management, explaining the law and regulation governing the setting up, launching, marketing and operation of all major types of authorised fund vehicle. The new edition has been fully revised to cover all latest UK, European and international developments.
 
 
Chitty on Contracts, 33rd Edition (2 Volumes)

Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law.

The work is in two volumes:

Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

KEY FEATURES:

Provides coverage of all relevant legislation and a huge depth of case reference;

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition,
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence;
  • Treats in detail the Capacity of parties
  • Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach;
  • Studies remedies for breach of contract, including damages and limitations
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
  • Supplemented regularly
  • Written by experts in contract law

Key new case law and legislation covered in Chitty 33

  • Impact of Human Rights Act 1998: McDonald v McDonald (SC)
  • Oral agreements for sale of land: Dowding v Matchmove Ltd (CA)           
  • Fraud: Hayward v Zurich Insurance Co plc (SC)
  • 'No reliance' clauses: First Tower Trustees Ltd v CDS (Superstores International) Ltd (CA)
  • Interpretation: Wood v Capita Insurance Services Ltd (SC)
  • Implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd (SC)
  • 'No oral variations' clause; part payment of debt: MWB Business Exchange Centres Ltd v Rock Advertising Ltd (SC)
  • Acts of State: Mohammed v Ministry of Defence,  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs and Belhaj v Straw (SC)
  • Illegality: Patel v Mirza (SC)
  • Damages for third party's loss: Swynson Ltd v Lowick Rose LLP (SC)
  • Assignment: - set-off: Bibby Factors Northwest Ltd v HFD Ltd (CA); - prohibitions on assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018 (draft)
  • Damages: SAAMCo: - Hughes-Holland v BPE Solicitors; - mitigation: Fulton Shipping Inc of Panama v Globalia Business Travel SAU (SC);  - 'negotiating damages':  Morris-Garner v One Step (Support) Ltd (SC)
  • Liquidated damages: Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (SC)
  • Restitution: Bank of Cyprus UK Ltd v Menelaou (SC); Investment Trust Companies v Revenue and Customs Commissioners (SC); Lowick Rose LLP v Swynson Ltd; Angove’s Pty Ltd v Bailey (SC); Prudential Assurance Co Ltd v Revenue and Customs Commissioners (SC)
  • Agency: - irrevocable authority: Bailey v Angove’s Pty Ltd (SC); commercial agents: ERGO Poist’ovna a.s. C-48/16 (CJEU)
  • Banking: Payment Services Regulations 2017
  • Consumer law: Package Travel and Linked Travel Arrangements Regulations 2018 (draft); ParkingEye Ltd v Beavis (SC); Court of Justice cases on acting as a consumer; mixed purposes contracts; guarantees of loan by consumer to commercial company; traders as intermediaries for non-traders; when a court must raise EU consumer legislation on its own motion; commercial practices, including  misleading actions and misleading omissions; the exemption for the “main subject matter of the contract”; fairness under the 1993 Directive and choice of law clauses; collective actions and stays of proceedings.
  • Credit and security: implementation of the Mortgage Credit Directive
  • Employment: CJEU cases on 'rolled-up holiday pay' and on 'working time'
  • Insurance: Insurance Act 2015, including new ss 13A and 16A (late payment of claims); - fraudulent claims:  Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (SC); interpretation of exclusions: Impact Funding Solutions Ltd v Barrington Support Services Ltd  (SC)
  • Gaming -  'cheating': Ivey v Genting Casinos (UK) Ltd
  • Sale of goods: - retention of title clause: PST Energy Shipping Ltd v OW Bunker Malta Ltd (SC)