Legal Updates

Legal Updates for Apr - 2018

New Leaders of KPPU Have Arrived

After a lengthy and dramatic setback, the House of Representatives has finally concluded the selection process of the new KPPU Commissioners. Previously, the President extended the tenure of the former KPPU Commissioners to 27 April 2018. On 23 April 2018, the House of Representatives officially appointed nine KPPU Commissioners for a five-year term. The appointments took effect on 2 May 2018. Six out of the nine Commissioners are academics. Only two of those academics are well known in the field of competition law. Of the nine appointments, two Commissioners are long serving members of the KPPU. The remaining Commissioners are new appointments. Therefore, the majority of KPPU's new leadership are newcomers.

30 Apr 2018 | Indonesia

The Supreme Court Enacts Regulation on Online Court Case Administration

After implementing the Case Tracking Information System (Sistem Informasi Penelusuran Perkara) as a form of transparency and accountability for our judicial system, the Supreme Court on 4 April 2018 enacted Regulation No. 3 of 2018 regarding Online Case Administration in Courts ("Regulation 3/2018"). Regulation 3/2018 is a significant technological advance for lawyers and individuals. It grants parties litigating in court online access to do these processes: (i) case registration; (ii) court summons; and (iii) issuance of court decision/stipulation.

27 Apr 2018 | Indonesia

Competition Bites – South-East Asia & Beyond
Welcome to the Spring edition of our regional competition law updates, providing you with bite size information about the important developments in competition law around the world in the first quarter of 2018. We also take this opportunity to thank all the attendees who made our 6th Regional Competition Conference a success!
27 Apr 2018 | Singapore

Supreme Court and Ministry of Foreign Affairs sign MoU Giving Additional Guidance on Judicial Assistance in Overseas Civil Matters

On 20 February 2018, the Supreme Court of Indonesia along with the Ministry of Foreign Affairs signed Memorandum of Understanding No. PRJ/HI/102/02/2018/01, No. 01/NK/MA/2/2018 (the "MoU") which renews the prior existing MoU concerning Judicial Assistance in Civil Matters dated 19 February 2013. The renewal of such MoU is important due to the increasing number of requests from Indonesian courts to send court documents in civil matters (i.e, court summons, notice of decision) to foreign courts and vice versa.

25 Apr 2018 | Indonesia

PDPC Issues Advisory Guidelines on In-Vehicle Recordings by Transport Services for Hire
On 9 April 2018, the Personal Data Protection Commission issued advisory guidelines on in-vehicle recordings by transport services for hire ("Advisory Guidelines"). Developed in consultation with the Land Transport Authority, the Advisory Guidelines were issued to provide guidance on ensuring compliance with the provisions of the Personal Data Protection Act 2012 when in-vehicle recording devices ("IVRDs"), such as inward-facing cameras and audio recorders are used. This update summarises the Advisory Guidelines.
13 Apr 2018 | Singapore

Technology, Media and Telecommunications Regional Update: A Recap from January 2018 to March 2018
Welcome to the latest edition of our quarterly regional Technology, Media and Telecommunications update. The first quarter of 2018 has been a busy one, and we are excited to provide you short and easy-to-read write-ups on the latest developments in the ASEAN region.
13 Apr 2018 | Singapore

Singapore Court of Appeal Affirms Dismissal of Conspiracy and Misrepresentation Claims Surrounding Indonesian National Identity Card Project, and Clarifies When a Director May Be Liable for Conspiracy with Company
In PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd [2018] SGCA 17, the Singapore Court of Appeal issued its judgment on a dispute concerning the supply of 100 million microchips for use in a tender contract with the Indonesian government, for the production of electronic identification cards called electronic-KTP cards for all Indonesian citizens. The 1st respondent in this appeal was successfully represented by Danny Ong, Yam Wern-Jhien, Jeremy Gan, and Danitza Hon of Rajah & Tann Singapore LLP.
12 Apr 2018 | Singapore

CIPAA As At April 2018 - What is Conditional Payment Clause and When is it Void? Is CIPAA Prospective or Retrospective? Or A Hybrid?

The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15 April 2014. CIPAA has brought in significant changes to the laws relating to the construction industry. However, like other newly introduced legislation, CIPAA too has faced teething issues and other issues since it came into force.

This update will discuss the operative effect of CIPAA and the position of conditional payment clause in light of recent developments.

11 Apr 2018 | Malaysia

Amendments to Malaysian Appellate Court Procedures

On 1 March 2018, a number of changes were made to Malaysia’s appellate courts rules. The changes to the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995 bring about new procedures and promote clarity.

In this Update, we explain the key changes. We also explain the practical differences that the changes might make.

10 Apr 2018 | Malaysia

Singapore Exchange to Allow Dual Class Share Structures; Proposes Safeguards
Having received broad support for dual class share ("DCS") structures following a February 2017 public consultation on a possible listing framework for DCS structures, the Singapore Exchange ("SGX") will allow the listing of companies with DCS structures. Issuers who wish to list with a DCS structure must meet the Mainboard listing criteria under Chapter 2 of the SGX-ST Mainboard Rules, and other additional requirements under the proposed DCS listing framework ("Framework").

On 28 March 2018, SGX issued its response to feedback received on the February 2017 consultation, and at the same time, commenced its second consultation in respect of the Framework. This consultation sets out proposed amendments to the Mainboard Rules to codify the Framework, and details of proposed safeguards.
10 Apr 2018 | Singapore

Navigating the Framework for Claiming against an Insolvent Company
Once a company enters liquidation, its creditors are subject to the statutory framework and common law principles for pursuing claims against the company and its liquidator. Creditors may sometimes attempt to circumnavigate the prescribed order of priority under the statutory framework by seeking to establish security or other equitable interests. Such was the case in Carpe Diem Holdings Pte Ltd v Carpe Diem Playskool Pte Ltd and others [2018] SGHC 37, though the applicant creditor was ultimately unsuccessful in this instance.
05 Apr 2018 | Singapore