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This book presents a summary of the principles on construction adjudication and the extracts of the leading decisions on the subject that bring up to date the materials considered in the leading textbook. The materials presented in this book are intended to serve two purposes. First, the narrative of the book presents a summary of the principles on construction adjudication. Second, the extracts of the leading decisions on the subject bring up to date the materials considered in the leading textbook written by one of the authors on the subject, Security of Payment and Construction Adjudication, 2nd Ed (LexisNexis, 2013). Readers will appreciate the materials on a number of decisions which have been delivered by the courts since the 2nd edition of that book, including W Y Steel Construction Pte Ltd v Osko Pte Ltd (2013), LH Aluminium Industries Pte Ltd v Newcon Builders Pte Ltd (2015) and most recently Eng Seng Precast Pte Ltd v SLF Construction Pte Ltd (2015).
The first edition of the book has received widespread readership and is used by many shipping practitioners, especially in Singapore and Malaysia, as a reference text on issues of admiralty law. It has also been cited in judgments of the Singapore, Hong Kong, New Zealand and Canadian courts. Since the first edition, practically every area of admiralty law has seen significant developments, mainly in the form of case law but also, on the subjects of invocation of admiralty jurisdiction, tonnage limitation and international maritime arbitration, legislative reform. The task of covering several hundred decisions handed down by the Courts of Singapore, Malaysia, Hong Kong, The United Kingdom, Australia, New Zealand and Canada has necessitated the substantial re-writing of Chapters 3, 4, 12 and 13. A new chapter, Chapter 14, which covers the relationship between admiralty actions and maritime arbitration, has been added to this edition. Chapter 1: Introduction to Admiralty Jurisdiction · Chapter 2: Subject of Action in Rem: Subject Matter Jurisdiction of the Action in Rem · Chapter 3: Invocation of Admiralty Jurisdiction · Chapter 4: Procedure Leading Up to Arrest in an Admiralty Action in Rem and Provision of Security · Chapter 5: Procedural Matters Arising After Arrest · Chapter 6: Maritime Liens · Chapter 7: Possessory Liens · Chapter 8: Statutory Rights of Action in Rem (Statutory Lien) · Chapter 9: Priorities · Chapter 10: Admiralty and Non-Admiralty Actions in Personam · Chapter 11: Limitation Periods in Admiralty Actions · Chapter 12: Limitation of Liability · Chapter 13: Forum Selection in Maritime Proceedings · Chapter 14: Stay of Proceedings in Favour or Arbitration, Mareva Injunction in Aid of Arbitration
The book includes a practical examination of each process; when they arise; where each method is best used; when it is most effective; advantages and disadvantages; and relevant treatment by courts (case law) in Asian jurisdictions. Key Features The book includes a practical examination of each process; when they arise; where each method is best used; when it is most effective; advantages and disadvantages; and relevant treatment by courts (case law) in Asian jurisdictions. The content also includes a discussion on multi-tiered dispute resolution clauses, their pros and cons, enforceability and treatment in the courts. Key Benefits This book is intended as a handbook for corporate counsels, general counsels and young lawyers based all around Asia who need a first look and preliminary guidance to navigate the different types of dispute resolution methods in Singapore. Helpful tips for drafting effective dispute resolution clauses are included as well as common drafting problems.
The architectural profession faces in-built conflicts and contradictions. Balancing the desire to create an outstanding work of architecture and fulfilling the clients’ aspirations and end users’ requirements is a formidable task. The recent trend of Design and Build procurement process can give rise to potential legal issues on the liability of design for fitness of purpose. This book has been specifically written for the Singapore practitioners; the aim is to provide both a legal and practical perspective of the main legal issues confronting architects in their practice today.
Commentaries of the cases have been given by the two authors whose expertise covers the areas of construction law and dispute resolution.
Provides the key types of contractual relationships in the construction industry, tort liability arising out of construction contracts, arbitration of construction disputes and other methods of dispute resolution used in the construction industry.
Key Features: Commercial business guide, covering theoretical and practical implications of the PIC Scheme in Singapore written by a boutique tax firm for both MNCs and SMEs. Key Benefits: Easy to understand title covering the breadth and depth of the PIC Scheme in Singapore.
The book covers the various legislation and subsidiary legislation related to the company as a business and its legal aspects.
The explanations to key legal concepts that define and characterise a company are explored and illustrated. In addition, the need for company regulation are explained as this is crucial in the quest for understanding the company and its regulatory environment.
A compilation of construction cases from mid-2001 to mid-2002 and is the second volume in the series. Malaysian cases have also been included beginning with this volume.
A Concisely written guide to the law and management of construction contracts in Singapore. This book is more suited to the construction who needs to manage construction contracts and who does not have a legal background. It is an indispensible tool for architects, quantity surveyors, engineers and contractors. Dealing with a whole spectrum of crucial issues in construction projects from procurement to dispute resolution, this book also discusses game-changing approaches like value management and effect of unique issues like the sand ban and the haze on the administration of construction contracts.
Costs in International Arbitration, written by two well-known and experienced practitioners, is the first book to focus on the increasingly important and high profile topic of costs in international arbitration. It provides a comprehensive but accessible practical guide to the law relating to all aspects of costs in arbitration proceedings and will be an essential reference for all involved in international arbitration. “An excellent guide to understanding the financial aspects of international arbitration. The authors guide us through the cuisine of this very hermetic and sensitive part of the decision making process. All their recipes are wholesome. The book deals with multicultural aspects and covers the majority of the most important rules of arbitration and practice of major jurisdictions.” Piotr Nowaczyk, Salans, Former President, Court of Arbitration at the Polish Chamber of Commerce “The question of costs is, with no doubt, one of those that generates more interest in the arbitration world. Colin Ong and Michael O´Reilly have addressed this matter with great expertise. Their book will certainly become an essential reading for anyone encountering cost related issues both in commercial and investment arbitration.” Guido Santiago Tawil, M. & M. Bomchil, Chairman, Latin American Arbitration Association “This well-organized comprehensive work on the principles and practicalities of costs in international arbitration will serve as an invaluable reference for practitioners and academics. Colin Ong and Michael O?Reilly are to be congratulated on the publication of their insightful contribution to a better understanding of this fundamental topic.” Sally Harpole, International Arbitrator, Beijing and Hong Kong “The costs phase of arbitration is receiving increasing attention in international arbitration. This is a timely and eminently useful book for counsel and arbitrators alike.” Professor Bernardo Cremades, Partner, B Cremades & Asociados, Madrid
Criminal Law in Myanmar
The first of itskind, this commentary on the Myanmar Penal Code describes and critically evaluates the general principles of criminal responsibility contained in the Code with a view to assisting the application of the law. The major offences against the person and property are examined. Leading cases from Myanmar, India, Malaysia and Singapore are considered along with relevant cases from other jurisdictions.
Given the antiquity of the Penal Code, this commentary engages with a law reform exercise for each topic covered. The end product is a “General Part” for inclusion in the Penal Code, comprising precise and comprehensible provisions reflecting contemporary views about criminal responsibility.
This book simplifies a very specialised area of law and considers the latest cases in the area of defamation in Singapore and Malaysia, including defamation cases on the internet. For the first time, here is a legal textbook that provides a step by step guide on the ‘why’ and ‘how’ of procedure and pleadings for a defamation action in Singapore and Malaysia.
This book examines the powers and duties of company directors in Vietnam. It focuses on the main Vietnamese corporate legislation, law on Entreprises 2005. It argues, first, that the current Vietnamese corporate law provides a platform for a stronger corporate governance framework and, second, that specific attention needs to investor remedies and enforcement if Vietnam is to take advantage of the ‘law matters’ evidence and the OECD principles of corporate governance.
Since the publication of the first edition of Elements of Family Law in Singapore in 2007, there have been further developments in the law, both in statutory form as well as case law. This updated second edition follows the original, largely discussing, the developments and its impact on the state of the law currently. The author has striven to improve upon the discussion of the core principles in each topic in this edition.
The Court of Appeal leads the judiciary in its continuing effort to ensure that pristine common law principles are interpreted to serve local needs and circumstances as they should. The High Court has clarified the dominating role of the Women’s Charter in formation of marriages. The separate parts of the law regulating parents and their children are better rationalised to uphold the unique position of parents over other adults who may be interested in the well-being of someone else’s child. The Court of Appeal affirmed and clarified the law regulating marital agreements including pre-nuptial agreements. In the area of division of matrimonial assets, the Court of Appeal has delivered several significant decisions clarifying the law as based upon the concept of deferred community of property where equal credit should be accorded to nonfinancial contribution to acquisition as financial contribution, expounding the purposive interpretation of what properties are matrimonial assets and explaining its view of how to achieve the just and equitable proportions of division as mandated by the statutory provision.
Amongst significant statutory developments is the enactment of the International Child Abduction Act 2011 which enforces Singapore’s commitment in acceding to the Hague Convention on the Civil Aspects of International Child Abduction. New provisions for the better enforcement of orders of financial provision, whether of maintenance or division of matrimonial assets, after termination of marriages are also explained.
Employment Law in Singapore, 4th Edition takes into account the changes to the Employment Act which came into force on 1st April 2014, as well as other legislative and case law developments. This publication is fully referenced with the latest legislation and case law and each chapter has a clear overview of the subject matter and is broken down into bold headings covering each focal point for revision and reference. This edition also has a new and very detailed index thereby making it easier to use.
Written in a clear and concise language, this publication is a comprehensive text on employment law in Singapore which considers both basic as well as sophisticated issues. It is written for both the legally trained and for those who are not legally trained, such as employers, employees, business students and human resource practitioners.
Highly acclaimed in and out of Singapore since it was first published 24 years ago, this work covers all developments since the fourth edition was published in 2013. The preceding five years witnessed a critical phase in the reform of the law of evidence. The amendments to the Criminal Procedure Code in 2010 and the Evidence Act in 2012 expanded the scope of admissibility of evidence, addressed new advances in technology and introduced more flexible measures in the process of adjudication at trial. Many of these developments (which were examined in the fourth edition of this work) have been analysed by the courts. Apart from the statutory reform, the Judiciary have been busy tackling a variety of difficult issues raised by both statutes. As the law continues to evolve, the purpose of this fifth edition is to update and consolidate the law of evidence as it now stands. The book provides a balance between analytical discussion of the principles and the practical application of the law and includes numerous illustrations and practice-related situations for this purpose. It offers the legal profession and students an intensely detailed and integrated portrait of the litigation process (including procedure and advocacy) and is therefore a vital source of reference. The book recognises that this subject is particularly difficult primarily because of the difficulties inherent in the Evidence Act (a significant part of which remains in the state it was enacted in 1893), and the tension between this statute and the constantly developing common law. No effort is spared in tackling these problems and examining all applicable sources of law. This highly successful publication has already sold thousands of copies in the course of the first four editions.
University students and students studying for the Bar and other related academic or professional courses will find this fifth edition of Evidence and the Litigation Process to be extremely helpful resource in understanding the principles of the law of Evidence and the operation of the litigation process. Highly acclaimed in and out of Singapore since it was first published 24 years ago, this work covers all developments since the fourth edition was published in 2013. The preceding five years witnessed a critical phase in the reform of the law of evidence. The amendments to the Criminal Procedure Code in 2010 and the Evidence Act in 2012 expanded the scope of admissibility of evidence, addressed new advances in technology and introduced more flexible measures in the process of adjudication at trial. Many of these developments (which were examined in the fourth edition of this work) have been analysed by the courts. Apart from the statutory reform, the Judiciary have been busy tackling a variety of difficult issues raised by both statutes. As the law continues to evolve, the purposes of this fifth edition is update and consolidate the law of evidence as it now stands.
This book provides a balance between analytical discussion of the principles and the practical application of the law and includes numerous illustrations and practice-related situations for this purpose. It offers students an intensely detailed and integrated portrait of the litigation process (including procedure and advocacy) and is therefore a vital source of reference for their studies. The book recognises that this subject is particularly difficult primarily because of the difficulties inherent in the Evidence Act (a significant part of which remains in the state it was enacted in 1893), and the tension between this statute and the constantly developing common law. No effort is spared in tackling these problems and examining all applicable sources of Law. This highly successful publication has already sold thousands of copies in the course of the fist four editions.