Legal Updates for Dec - 2018
The Developers (Anti-Money Laundering and Terrorism Financing) Bill was passed in Parliament on 20 November 2018. The Bill seeks to amend both the Housing Developers (Control and Licensing) Act (Cap. 130) and the Sale of Commercial Properties Act (Cap. 281), and will institute new requirements for developers to facilitate the detection of money laundering and terrorism financing and to bar persons from being involved in developer activities if they have been previously convicted for money laundering and terrorism financing offences. This Update takes a look at the key features and implications of the Bill.
21 Dec 2018 | Singapore
In the carriage of goods by sea, the carrier's duty to exercise due care in delivering the goods which they are contracted to deliver is of central importance. In the recent case of Volcafe Ltd and others v Compania Sud Americana De Vapores SA  UKSC 61, the UK Supreme Court clarified the burden of proof under the Hague Rules for cargo damage. The Court overturned a long-standing decision of the UK Court of Appeal (The Glendarroch  P 226) and unanimously ruled that the burden of proof lies on the carrier to show that he had acted "properly and carefully" and had not been negligent in delivering the goods.
21 Dec 2018 | Singapore
In November 2018, the National Procurement Agency (Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah or "LKPP") amended the regulation governing the procedure on public-private partnership ("PPP"). The previous procedure for procurement of Implementing Business Entity in solicited PPP under Head of LKPP Regulation No. 19 of 2015 on Procedure for Procurement of Implementing Business Entity in PPP for Provision of Infrastructure ("LKPP Regulation 19/2015") was considered to be incomplete by many PPP participants. Therefore, the new procedure under LKPP Regulation No. 29 of 2018 on Procedure for Procurement of Implementing Business Entity in Solicited PPP for Infrastructure Provision ("LKPP Regulation 29/2018") is aimed to provide more clarity for PPP participants. That being said, procedures for: (i) procurement of Implementing Business Entity in unsolicited PPP; and (ii) procurement of Preparation Agency are still subject to LKPP Regulation 19/2015.
18 Dec 2018 | Indonesia
In two recent decisions, the Singapore High Court had the opportunity to consider issues of voluntary arrangement schemes. In Re Aathar Ah Kong Andrew  SGHC 124, the High Court set aside the approval obtained at a creditors' meeting for a voluntary arrangement for material irregularities. In Re Aathar Ah Kong Andrew  SGHC 227, the High Court dismissed an application to extend the interim stay order covering bankruptcy applications and other legal proceedings. Jansen Chow and Danitza Hon of Rajah & Tann Singapore LLP successfully represented one of the creditors in these proceedings.
11 Dec 2018 | Singapore
In Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others  SGHC 195, the Singapore High Court allowed the Kingdom of Lesotho’s application to set aside an investor-State arbitral award. This marked the first time the Singapore courts allowed an application to set aside an investor-State arbitration award on the merits. The application engaged novel issues of international arbitral law, international investment law and public international law. In Swissbourgh Diamond Mines (Pty) Limited and others v Kingdom of Lesotho  SGCA 81, the Court of Appeal upheld the High Court’s decision, further expounding on the issues raised at first instance. The Kingdom was successfully represented by Paul Tan, Alessa Pang and David Isidore Tan of Rajah & Tann Singapore LLP.
07 Dec 2018 | Singapore