Annual Report 2019 | 3 About the Academy
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
4. Arbitration
(2012) 13 SAL Ann Rev Arbitration 59 4. ARBITRATION Lawrence BOO LLB (University of Singapore), LLM (National University of Singapore); FSIArb, FCIArb, FAMINZ, Chartered Arbitrator; Solicitor (England and Wales), Advocate and Solicitor (Singapore); Adjunct Professor, Faculty of Law, National University of Singapore; Adjunct Professor, Faculty of Law, Bond University (Australia); Visiting Professor, School of Law, Wuhan University (China). Recourse against awards – Domestic arbitration Institutional rules operating as “exclusion agreement” 4.1 An arbitral award made under the Arbitration Act (Cap 10, 2002 Rev Ed) (“AA”) may be appealed against on a question of law, upon notice to the other parties and to the arbitral tribunal. Such a right may nevertheless be excluded by agreement of the parties. The mere declaration by the parties that the award is intended to be “final and binding” is not of itself sufficient to constitute such an agreement: see Holland Leedon Pte Ltd v Metalform Asia Pte Ltd [2011] 1 SLR 517 at [5]. Adoption of the institutional rules which excludes an appeal to court without specific reservation has the effect of an exclusion agreement: Halsbury’s Laws of Singapore vol 1(2) (Singapore: LexisNexis, 2011 Reissue) at para 20.126. 4.2 In Daimler South East Asia Pte Ltd v Front Row Investment Holdings (Singapore) Pte Ltd [2012] 4 SLR 837, the parties entered into a joint venture agreement which provides for all disputes arising out of the said agreement to be finally settled under the International Chamber of Commerce (“ICC”) Rules of Arbitration 1998. Disputes arose and the plaintiff commenced arbitration to which the defendant lodged a counterclaim. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
The Decline of Oral Advocacy Opportunities: Concerns and Implications
Published on 6 September 2018 THE DECLINE OF ORAL ADVOCACY OPPORTUNITIES: CONCERNS AND IMPLICATIONS [2018] SAL Prac 1 Singapore has produced a steady stream of illustrious and highly accomplished advocates over the decades. Without a doubt, these advocates have lifted and contributed to the prominence and reputation of the profession’s ability to deliver dispute resolution services of the highest quality. However, the conditions in which these advocates acquired, practised and honed their advocacy craft are very different from those present today. One trend stands out, in particular: the decline of oral advocacy opportunities across the profession as a whole. This is no trifling matter. The profession has a moral duty, if not a commercial imperative, to apply itself to addressing this phenomenon. Nicholas POON* LLB (Singapore Management University); Director, Breakpoint LLC; Advocate and Solicitor, Supreme Court of Singapore. I. Introduction 1 Effective oral advocacy is the bedrock of dispute resolution.1 It is also indisputable that effective oral advocacy is the product of training and experience. An effective advocate is forged in the charged atmosphere of courtrooms and arbitration chambers. An effective oral advocate does not become one by dint of age. 2 There is a common perception that sustained opportunities for oral advocacy in Singapore, especially for junior lawyers, are on the decline. This commentary suggests * This commentary reflects the author’s personal opinion. The author would like to thank the editors of the SAL Practitioner, as well as Thio Shen Yi SC and Paul Tan for reading through earlier drafts and offering their thoughtful insights. 1 Throughout this piece, any reference to “litigation” is a reference to contentious dispute resolution practice, including but not limited to court and arbitration proceedings, unless otherwise stated. -
[2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant and (1) BRQ (2) BRR … Respondents in the Matter of Or
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant And (1) BRQ (2) BRR … Respondents In the matter of Originating Summons No 770 of 2018 Between (1) BRS … Plaintiff And (1) BRQ (2) BRR … Defendants Civil Appeal No 35 of 2019 Between (1) BRQ (2) BRR … Appellants And (1) BRS … Respondent In the matter of Originating Summons No 512 of 2018 Between (1) BRQ (2) BRR … Plaintiffs And (1) BRS (2) BRT … Defendants JUDGMENT [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Whether three-month time limit extended by request for correction] [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Breach of natural justice] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND FACTS ................................................................................2 THE PARTIES ...................................................................................................3 THE SPA.........................................................................................................3 THE BULK POWER TRANSMISSION AGREEMENT .............................................6 DELAYS IN THE PROJECT AND COST OVERRUN ...............................................6 THE ARBITRATION...........................................................................................7 Relief sought...............................................................................................8 -
Chief Justice's Foreword
CHIEF JUSTICE’S FOREWORD As I have said on previous occasions, the Judiciary together with community partners, launched the is the custodian of the sacred trust to uphold first part of a Witness Orientation Toolkit to help the rule of law. To this end, it must not only hand prepare vulnerable witnesses for their attendance down judgments which are fair and well-reasoned, in court. Similarly, the Family Justice Courts worked but also ensure that justice is accessible to all, closely with the Family Bar to publish, earlier this for it is only by so doing that it can command the January, the second edition of The Art of Family trust, respect and confidence of the public. This Lawyering, which is an e-book that hopes to is indispensable to the proper administration of encourage family lawyers to conduct proceedings justice. in a manner that reduces acrimony between the parties, focuses on the best interests of the child, This One Judiciary Annual Report will provide an and conduces towards the search for meaningful overview of the work done by the Supreme Court, long-term solutions for families. the State Courts and the Family Justice Courts in 2018 to enhance our justice system to ensure that it On the international front, we continued to continues to serve the needs of our people. expand our international networks. Regionally, we deepened our engagement with ASEAN by playing host to a series of events involving the ASEAN legal community and will continue our outreach as Strengthening Our Justice System Both of Social Sciences School of Law to develop the I see through the rest of my term as President of The Road Ahead Within and Without law school’s curriculum and the design of its Legal the ASEAN Law Association. -
Eighteenth Annual International Maritime Law
EIGHTEENTH ANNUAL INTERNATIONAL MARITIME LAW ARBITRATION MOOT 2017 MEMORANDUM FOR CLAIMANT THE UNIVERSITY OF SYDNEY TEAM 10 ON BEHALF OF: AGAINST: INFERNO RESOURCES SDN BHD FURNACE TRADING PTE LTD AND IDONCARE BERJAYA UTAMA PTY LTD CLAIMANT RESPONDENTS COUNSEL Margery Harry Declan Haiqiu Ai Godber Noble Zhu TEAM 10 MEMORANDUM FOR CLAIMANT TABLE OF CONTENTS ABBREVIATIONS ......................................................................................................................... III LIST OF AUTHORITIES ................................................................................................................ V STATEMENT OF FACTS ................................................................................................................ 1 APPLICABLE LAW ......................................................................................................................... 2 I. SINGAPOREAN LAW APPLIES TO ALL ASPECTS OF THE DISPUTE ............................................... 2 A. Singaporean law governs the procedure of the arbitration ................................................... 2 B. Singaporean law is the substantive law applying to FURNACE and INFERNO’s dispute ....... 2 C. Singaporean law is also the substantive law applying to FURNACE and IDONCARE’s dispute ................................................................................................................................... 3 ARGUMENTS ON THE INTERIM APPLICATION FOR SALE OF CARGO ......................... 4 II. A VALID AND ENFORCEABLE LIEN -
2020-Sghc-255-Pdf.Pdf
IN THE COURT OF THREE JUDGES OF THE REPUBLIC OF SINGAPORE [2020] SGHC 255 Court of Three Judges/Originating Summons No 2 of 2020 In the matter of Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) And In the matter of Lee Suet Fern (Lim Suet Fern), an Advocate and Solicitor of the Supreme Court of the Republic of Singapore Between Law Society of Singapore … Applicant And Lee Suet Fern (Lim Suet Fern) … Respondent JUDGMENT [Legal Profession] [Solicitor-client relationship] [Legal Profession] [Professional conduct] — [Breach] This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255 Court of Three Judges — Originating Summons No 2 of 2020 Sundaresh Menon CJ, Judith Prakash JA and Woo Bih Li J 13 August 2020 20 November 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an application by the Law Society of Singapore (“the Law Society”) for an order pursuant to s 98(1)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed) (“the LPA”) that the respondent, Mrs Lee Suet Fern (alias Lim Suet Fern) (“the Respondent”), be subject to the sanctions provided for under s 83(1) of that Act. At the time of the proceedings before the disciplinary tribunal (“the DT”), the Respondent was an advocate and solicitor of the Supreme Court of Singapore of 37 years’ standing and practised as a director of Morgan Lewis Stamford LLC, a law corporation. -
Political Defamation and the Normalization of a Statist Rule of Law
Washington International Law Journal Volume 20 Number 2 3-1-2011 The Singapore Chill: Political Defamation and the Normalization of a Statist Rule of Law Cameron Sim Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Rule of Law Commons Recommended Citation Cameron Sim, The Singapore Chill: Political Defamation and the Normalization of a Statist Rule of Law, 20 Pac. Rim L & Pol'y J. 319 (2011). Available at: https://digitalcommons.law.uw.edu/wilj/vol20/iss2/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2011 Pacific Rim Law & Policy Journal Association THE SINGAPORE CHILL: POLITICAL DEFAMATION AND THE NORMALIZATION OF A STATIST RULE OF LAW Cameron Sim† Abstract: Recent cases involving opposition politicians and foreign publications, in which allegations of corruption leveled against both the executive and the judiciary were found to be defamatory and in contempt of court, struck at the heart of Singapore’s ideological platform as a corruption-free meritocracy with an independent judiciary. This article examines the implications of these cases for the relationship between the courts, the government, and the rule of law in Singapore. It is argued that judicial normalization of the government’s politics of communitarian legalism has created a statist and procedural rule of law that encourages defamation laws to chill political opposition. -
8. Civil Procedure
156 SAL Annual Review (2010) 11 SAL Ann Rev 8. CIVIL PROCEDURE Cavinder BULL SC MA (Oxford), LLM (Harvard); Barrister (Gray’s Inn), Attorney-at-Law (New York State); Advocate and Solicitor (Singapore). Jeffrey PINSLER SC LLB (Liverpool), LLM (Cambridge), LLD (Liverpool); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Professor, Faculty of Law, National University of Singapore. Affidavits 8.1 In Drydocks World LLC v Tan Boy Tee [2010] SGHC 248, the High Court reiterated that as O 41 r 5(2) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) (“RoC”) (which enables an affidavit deponent to refer to statements of information or belief) only applies to interlocutory proceedings, it does not operate where the plaintiff is seeking final relief affecting the rights of the parties. Amendments 8.2 In Navigator Investment Services Ltd v Acclaim Insurance Brokers Pte Ltd [2010] 1 SLR 25 (“Navigator”), the Court of Appeal allowed an amendment to a summons that had been filed in proceedings commenced by originating summons. The amendment was to include s 6 of the International Arbitration Act (Cap 143A, 2002 Rev Ed) (“IAA”) as a ground for staying the originating summons. The Court of Appeal held (Navigator at [26]) that whilst the appellant had sought to amend the summons at a very late stage, the issue of whether an arbitration was governed by the IAA or the Arbitration Act (Cap 10, 2002 Rev Ed) (“AA”) was a question of law and it was difficult to see how there could be any prejudice that could not be compensated by an appropriate costs order. -
1 Response by Chief Justice Sundaresh Menon Opening
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2020 Monday, 6 January 2020 Mr Attorney, Mr Vijayendran, Honoured Guests, Members of the Bar, Ladies and Gentlemen: I. INTRODUCTION 1. It gives me great pleasure, on behalf of the Judiciary, to welcome you to this morning’s proceedings. I am especially grateful to the Honourable Prof Dr M Hatta Ali, Chief Justice of the Supreme Court of the Republic of Indonesia, the Right Honourable Tan Sri Tengku Maimun binti Tuan Mat, Chief Justice of Malaysia, the Honourable Slaikate Wattanapan, President of the Supreme Court of Thailand, and our other guests from abroad for being with us this morning. 2. Over the past year, the Judiciary has been involved in a number of significant reforms in both its domestic and international fields of work. This morning, I will provide a broad overview of our progress and outline some anticipated 1 changes, before turning to some broader issues concerning the future of our profession. Let me begin by briefly reviewing the changes within the Judiciary. II. FELICITATIONS 3. Justices Pang Khang Chau, Audrey Lim, Ang Cheng Hock and Vincent Hoong were appointed as Judges of the High Court following their terms as Judicial Commissioners. We have also just welcomed Judicial Commissioner Mohan S/O Ramamirtha Subbaraman, who brings years of experience in admiralty practice as one of our first Senior Accredited Specialists in Maritime and Shipping law. These appointments will enhance the quality and the diversity of the Bench. 4. In addition to the extensions I foreshadowed in my Response last year, we retained the deep experience of Justices Woo Bih Li and Tan Siong Thye, each of whom has been re-appointed for a term of two years. -
Lord Phillips in Singapore SAL Annual Lecture 2006
MICA (P) No. 076/05/2006 September — October 2006 interSINGAPOREinterSINGAPORE ACADEMYACADEMY seseOFOF LAWLAW SALSAL AnnualAnnual LectureLecture 2006:2006: LordLord PhillipsPhillips inin SingaporeSingapore ChiefChief JusticeJustice ChanChan VisitsVisits thethe MalaysianMalaysian CourtsCourts InIn Summary:Summary: SAL’sSAL’s StrategicStrategic PlanningPlanning RetreatRetreat BDFQMQDPNIBTUIFTPMVUJPOUPZPVSBSDIJWJOHOFFET8JUI PVSTVQFSJPSTDBOUPGJMFTFSWJDFT ZPVOFWFSIBWFUPXPSSZ BCPVUVOXBOUFEQBQFSCVMLBHBJO 4FSWJDFTJODMVEF "UP"TJ[FQBQFSTDBO )JHI3FTPMVUJPOTDBOOJOH 4BWFUP1%'GPSNBU EJHJUBMmMFBSDIJWJOHIBTOFWFSCFFONBEFFBTJFS Powered by g Image Logic® GPSNPSFJOGPSNBUJPO WJTJUXXXBDFQMQDPNTH www.oce.com.sg [email protected] BDFQMQDPN1UF-UE FQSJOUJOHTDBOOJOHIVC 5FMFORVJSZ!BDFQMQDPNTH INTER ALIA The tragic events of 9/11 starkly remind us that the world now lives in a much more uncertain time. With this in mind, the legal profession in Singapore gathered this year, on 29 August 2006, for the 13th Singapore Academy of Law Annual Lecture delivered by The Right Honourable The Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales. The lecture titled “Terrorism and Human Rights” highlighted the struggles facing the United Kingdom in balancing the right of a sovereign state to protect those within its territory from acts of terror, with the right of every individual to free access to and due process of the law – regardless of which side of the law an individual happens to fall. Lord Phillips illustrated, through detailed references to UK legislation and case law, how the UK courts have mediated between the Government’s responses to threats to national security and the need for such responses to be sensitive to the regime of human rights law applicable in the UK. In this issue of Inter Se, we feature highlights from Lord Phillips’s timely and thoughtful lecture together with excerpts from an interview with Lord Phillips on other changes taking place in the UK legal sphere.