South East Asia

Singapore Court of Appeal confirms the validity of “unilateral option to arbitrate” clauses

In the recent decision of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal confirmed that the Singapore courts will enforce a dispute resolution clause which gives only one party the … Continue reading

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Filed under South East Asia

ADR in Asia Pacific: Spotlight on Indonesia

          The third edition of our ADR in Asia Pacific Guide spotlights alternative dispute resolution (ADR) in Indonesia.  We summarise the state of play in relation to ADR in Indonesia and its interplay with adversarial processes … Continue reading

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Filed under ADR, Announcements, South East Asia

Singapore and Delaware courts adopt Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency matters

On 1 February 2017, the Supreme Court of Singapore and the United States Bankruptcy Court for the District of Delaware announced that they will formally implement the Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters ("Guidelines").   … Continue reading

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Filed under Insolvency, South East Asia

Significant developments in Indonesian criminal law

Indonesia’s Criminal Procedure Code (“KUHAP”) was last revised in 1981. Many are of the view that it has not kept up with legal developments since then and that it is in need of substantial amendments. In the past month, there … Continue reading

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Singapore: MAS withdraws second merchant bank status in AML push

In line with its increased commitment to combat money laundering and terrorist financing in Singapore, the Monetary Authority of Singapore (MAS) has ordered the closure of Falcon Private Bank Ltd, Singapore Branch (Falcon Bank). On 11 October 2016, the MAS … Continue reading

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Filed under Financial Services Regulation, Investigation and compliance, South East Asia

Hague Convention on Choice of Courts comes into operation in Singapore

The Hague Convention on Choice of Court Agreements (Hague Convention) officially came into force on 1 October 2015 and there are currently 30 signatory states, including all members of the European Union and Mexico.  As we have previously reported, Singapore … Continue reading

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Filed under Announcements, Enforcement, Jurisdiction, South East Asia

Singapore and United States affirm efforts to strengthen sharing of tax information

A joint statement issued by the United States and Singapore suggests that US authorities are seeking to accelerate off-shore tax enforcement aimed at US accountholders and financial institutions in Singapore. A joint statement was issued on 2 August 2016 to … Continue reading

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Filed under Enforcement, South East Asia, Tax

Suitability of ad hoc admissions: Singapore Court admits English QC for arbitration appeal

Introduction The Singapore High Court has taken the rare step of allowing an English QC to appear before it in relation to an application to set aside an arbitral award made in an investor-state arbitration; the first successful ad hoc … Continue reading

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Filed under Arbitration, Miscellaneous, South East Asia

Recognition of foreign insolvencies at common law: Singapore sets COMI precedent

For the first time, a court has adopted the ‘centre of main interest’ (COMI) as grounds at common law to recognise foreign insolvency proceedings. The decision earlier this year by the High Court of Singapore (the Court) recognised a Japanese … Continue reading

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Filed under Insolvency, Jurisdiction, South East Asia

Full Steam Ahead: Singapore International Commercial Court (“SICC”) issues judgment clarifying the position on what constitutes an offshore case

As we previously reported, the recently established SICC is up and running (see here).  It issued its first judgment in May 2016 (see here) and has since continued to be active in resolving ongoing disputes in a speedy manner, with … Continue reading

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Filed under South East Asia