The purpose of this guide is to provide an overview of international and national anti-corruption regimes within an Asia Pacific context. It highlights how corporations should best approach anti-corruption compliance, transactional and third party due diligence and corruption investigations. It also examines related issues from anti-money laundering and whistleblowing regimes.
This CMS e-Guide contains an overview of international arbitration practice and chapters on the law and practice of arbitration in the jurisdictions covered. It is equivalent to Volume I of the printed version of the CMS Guide to Arbitration.
This CMS e-Guide contains an overview of international arbitration practice and chapters on the law and practice of arbitration in the jurisdictions covered. It is equivalent to Volume I of the printed version of the CMS Guide to Arbitration.
In this article, we consider some key aspects of the executive employment relationship and the legal considerations which may affect the drafting of contracts of employment for executive-level employees.
The Singapore International Arbitration Centre (SIAC) published statistics regarding the use of its emergency arbitrator provisions. These show a record number of emergency arbitration applications received by the SIAC in the last year, in an increasingly broad range of sectors. Overall, the SIAC has handled 34 emergency arbitrations since this procedure was introduced in July 2010. It is a system that has been proven to work well, in itself; but there remain issues with emergency arbitration, particularly in the enforceability of emergency arbitration awards, as Ben Giaretta and Michael Weatherley explain.
While international arbitration has become the preferred means of resolving international commercial disputes throughout the world, complaints about delays and costs have become common. Various arbitral institutions have responded to this by offering an option to conduct arbitrations on an expedited or "fast-track" basis.However, while expedited procedures have been taken up with enthusiasm, they are not suitable for every type of dispute, as Ben Giaretta and Michael Weatherley explain.
"Endeavours" clauses, whether described as "all reasonable endeavours", "best endeavours" or "reasonable endeavours", have resisted a fixed definition in case law: their meanings are derived from the context of the relevant contract, rather than from decisions in previous cases. However, recent case law from Singapore and Australia has provided some general guidance on the interpretation of such clauses. This article examines these decisions and provides some practical tips for drafting such clauses.
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
After being ranked by HSBC as the top expat destination in 2011 and 2012, Singapore fell to third place in 2013. Higher cost of living and tighter immigration policy were blamed for the fall. Over the past year, the government has implemented a series of new requirements regarding foreign labour. These changes raise the barrier for foreigners who want to immigrate to Singapore, whether they are fresh grads or seasoned entrepreneurs. This article summarizes what you need to know if you want to start a business in Singapore or if you are planning on hiring foreign labour.
As cross-border trade and investment continues to grow, so does the need for fair, neutral and efficient resolution of international commercial disputes. International arbitration has emerged as the principal dispute resolution method for such disputes, but has become hampered in recent years by increasing costs and delays. Various proposals have been made to improve the situation. Two of these have already gained traction, namely emergency arbitration and expedited arbitration;and three new proposals are now circulating, namely appeals from arbitral awards, Bilateral Arbitration Treaties, and Hybrid National Arbitration-Courts.