Legal Updates

Legal Updates for Feb - 2020

Salvaging the Salvor: The Decision of the Malaysian Apex Court in Fordeco Sdn Bhd v PK Fertilizers Sdn Bhd

In a unanimous decision delivered by a five-man panel, the Malaysian apex court shed light on important aspects of the law on salvage. The judgment of the Federal Court was delivered by Malaysia’s first Admiralty Court Judge, Nallini Pathmanathan FCJ.

The judgment re-stated the principles on general average and further discussed the following two key issues relating to the law of salvage:

  • When is a contract termed one for salvage rather than for towage or for carriage of goods; and
  • What is the standard of care in assessing whether a salvor was negligent in the course of salvage operations?
14 Feb 2020 | Malaysia

Anti-Suit Injunctions – Novel Singapore Judgment on Third Party Reliance on Exclusive Forum Clauses
In Hai Jiang 1401 Pte. Ltd. v Singapore Technologies Marine Ltd. ("The Seven Champion") [2020] SGHC 20, the Singapore High Court determined several novel issues in granting an application for an anti-suit injunction against a contractual claim initiated by the Defendant in the United Arab Emirates. Notably, the Court considered whether an anti-suit injunction may be granted against foreign proceedings in breach of an arbitration or exclusive jurisdiction clause in the underlying contract, even if the anti-suit injunction applicant was not a contractual party to the arbitration or exclusive jurisdiction clause. The Court also clarified the applicable standard of proof for anti-suit injunction applications. The Plaintiff was successfully represented by Toh Kian Sing SC, V. Bala and Wu Junneng of Rajah & Tann Singapore LLP.
11 Feb 2020 | Singapore

Exemption from Qualifying Certificate Regime for Publicly Listed Housing Developers with Substantial Connection to Singapore
On 6 February 2020, the Ministry of Law and Singapore Land Authority, in a joint announcement, announced the introduction of an exemption from the existing Qualifying Certificate regime for publicly listed housing developers with substantial connection to Singapore when they acquire residential land from persons (other than the Singapore Government) for the purpose of development ("Exemption"). In this Update, we take a look at the effect of the Exemption, its criteria and relevant issues of applicability.
07 Feb 2020 | Singapore

Cambodia Labour Law Developments: 4th Quarter 2019

This Update provides a summary each of the following key labour law developments in Cambodia in the fourth quarter of 2019:

  • Deadline of Application for Foreign Manpower Quota for 2020 Moved to End of 2019
  • Law on Social Security Schemes
  • Paid Public Holidays in 2020
  • Lift of Ban on Occupations Performed by Self-employed Foreign Nationals
06 Feb 2020 | Cambodia

Developments in Dispute Resolution – A Review of 2019
In 2019, Singapore's legal framework has undergone further development as part of continuing efforts to keep apace with the modernisation and internationalisation of commercial disputes. Similarly, the Singapore courts have issued important decisions that reflect the continuing advancement of the law.

In this Client Update, we review the decisions and developments over the course of 2019, focusing on notable trends including the growing significance of Alternative Dispute Resolution, the facilitation of cross-border dispute resolution and adaptation to digitalisation. We also take a look at some of the decisions over the past year in the areas of Restructuring & Insolvency, Property Law, Contract Law, Shipping Law, Criminal Law and Construction Law.
05 Feb 2020 | Singapore