Jan 2012 - The Law Society of Singapore

Transcription

An Official Publication of The Law Society of Singapore | January 2012
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President’s
Message
President’s Speech at the Opening of the Legal
Year 2012
This was the address of the President at the Opening of the Legal Year on 6 January 2012.
May it please Your Honours, Chief Justice, Justices of
Appeal, and Justices of the Supreme Court.
Before I start, I would like to welcome our overseas guests
- Pengiran Hajah Rostaina binte Pengiran Haji Duraman,
Registrar of the Supreme Court of Brunei; and from our
sister bar associations – Mr Lim Chee Wee, President
of Malaysian Bar Council; Mr Kumar Ramanathan SC,
Chairman of Hong Kong Bar Association; and Mr Junius
Ho, President of Hong Kong Law Society, to the Opening
of Legal Year 2012.
It may be recalled that last year, Your Honour the Chief
Justice remarked that the post of President of Law Society
is “the least enviable legal job in Singapore”. So I should
perhaps explain briefly why I am still before Your Honours
this year. The simple fact of the matter is that the job had
gotten less unenviable during the course of the year. There
was no contest for the President’s post but there was a
contest for the two Vice-Presidents’ posts. So I guess this
suggests that the VP’s job is certainly less unenviable than
the President’s job!
Nonetheless, I must mention that we do have a very cohesive
Council, and we have been able to achieve many of the
main targets we set out at the beginning of last year. First of
all, the modernisation of the secretariat continues, and we
hope to see even more improvements this year.
Second, there have been very striking developments in
the criminal bar. Your Honour the Chief Justice may recall
expressing some concerns last year about the quality of the
criminal bar. I am happy to report that Council have worked
very hard to respond to Your Honour’s concerns. In relation
to LASCO, we have entered into discussions with the
Supreme Court Registry to range the lawyers into two tiers.
Lawyers of sufficient experience and ability will be put into
Tier One and less experienced lawyers will be in Tier Two.
Only lawyers in Tier One will be allowed to be lead counsel
in a capital offence case. This will ensure that accused will
have the best possible representation.
Your Honour the Chief Justice has also responded to our
request to increase the honorarium for assigned lawyers
taking on LASCO cases. Council accepts Your Honour’s
view that a lawyer should not be motivated by money alone
to do his part for charity. But the reality is that some lawyers
do need that small increase in honorarium, so we are happy
to note that Your Honour accepts that reality. It is a pity
that the Straits Times banner on Thursday 15 December
2011 “Higher fees fail to attract lawyers: Lasco” completely
missed the point.
I am also happy to report that the Senior Counsel Forum
has responded to our request to assist in the development
of the criminal bar. This of course follows again from Your
Honour’s remarks last year about the quality of the criminal
bar. The Senior Counsel Forum will set up a team, led by
Mr Michael Khoo, Senior Counsel, which will mentor the
younger criminal lawyers, and if necessary, act as lead
counsel in a particular case. They will do so pro bono.
These are early days yet, but I am confident that with
support from the Senior Counsel Forum, we will be able
to enhance the standards of the criminal bar to the point
where all stakeholders will be proud to be part of LASCO,
the Straits Times notwithstanding.
The involvement of lawyers in LASCO is of course part of
the Society’s commitment to providing legal assistance to
members of the public. This has resulted in the setting up
of an umbrella Pro Bono Scheme, which in turn houses
the Criminal Legal Aid Scheme - CLAS. CLAS has existed
for 40 years, and it is a record which the Society is justly
proud of. But support from various sources has been key to
the viability of CLAS. I just want to mention one supporter
this year. That is Professor S Jayakumar, until recently the
Minister for Law.
Professor Jayakumar had been helping CLAS to raise
funds for the last 17 years. Each year, he put in tremendous
efforts to get golfers to take part in the Society’s Golf Day
to raise funds for CLAS. Each year, very much because
of his efforts, we managed to raise between $150,000 to
Singapore Law Gazette January 2012
Contents
President’s Speech at the Opening of the Legal Year 2012
01
Diary and Upcoming Events
Council Bulletin: Members of the 2012 Council
Legal Profession (Solicitors’ Accounts) (Amendment No 2) Rules 2011 Fact Sheet
Conveyancing Practice Committee’s Circular 4 of 2011 Practical Tips for Solicitors Holding Unclaimed Conveyancing Money in Client Account
Inaugural Criminal Law Conference
NUS Pro Bono Seminar Series 2011 06
07
08
08
Features
Vicarious Liability: The Close Connection Test and the Skandinaviska Decision
International Intellectual Property Arbitration: How to Use it Efficiently?
The Role of Trademarks in Myanmar: A Glance at the Trademark Registration System of Myanmar
21
27
31
Columns
Pro Bono Publico — Writing an Emotional Will – Lessons on Living in Reverse
36
Lifestyle
Alter Ego — The Singapore Happiness Index Travel — La Flora Resort, Patong
Food — Collisions in the Mouth – It’s the New Year Again
38
40
43
Notices
Professional Moves Information on Wills
47
49
President’s
Message
News
Appointments
50
The Singapore Law Gazette
The Law Society’s Mission Statement
To serve our members and the
communitty by sustaining a
competent and independent Bar
which upholds the rule of law and
ensures access to justice.
An Official Publication of The Law Society of Singapore
The Law Society of Singapore
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Tel: (65) 6538 2500
Fax: (65) 6533 5700
Website: http://www.lawsociety.org.sg
E-mail: lawsoc@lawsoc.org.sg
The Council of The Law Society of Singapore
President Mr Wong Meng Meng, SC
Vice Presidents Mr Lok Vi Ming, SC
Mr Leo Cheng Suan
Treasurer Mr Kelvin Wong
Mr Rajan Menon, Mr Young Chee Foong, Mr Lim Seng Siew,
Ms Kuah Boon Theng, Ms Eng Yaag Ngee Rachel, Mr Thio
Shen Yi, SC, Ms Lisa Sam Hui Min, Mr Michael S Chia, Mr
10
17
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President’s
Message
$200,000. Last year, when Professor Jayakumar stepped
down from the Cabinet, he informed us that he would no
longer assist us to raise funds. But behind the scenes, he
was still calling his friends to support us; he was also calling
on the Attorney-General’s Chambers and Ministry of Law
to assist the Society. So last year, we collected a sum of
slightly over $300,000!
On behalf of CLAS, the Law Society and all those who have
benefitted from the CLAS scheme, I want to say a big “thank
you” to Professor Jayakumar.
While still on the subject of CLAS, I want to talk a bit more
about the Society's Pro Bono programme.
I talked about it last year, but this year is different as Council
wants to concentrate on making pro bono a pillar activity of
the Society and the profession for the new year. Pro bono
of course encompasses criminal legal aid, not just civil legal
aid.
But in relation to the lawyer, what work done by a lawyer
would qualify as pro bono work? I think a lawyer who does
free work for a regular client cannot call this pro bono work
even if he does not charge his client. This is because he
expects to be rewarded one way or the other by his client
later, perhaps with another piece of fee-paying work. So to
qualify as pro bono work, it has to be work for an indigent
stranger without expectation of reward (at least not in this
life). Much has been done in many other countries to promote
pro bono work. This has been so much a way of life in some
countries that some clients will not give work to a law firm
unless it is satisfied with the pro bono record of the law
firm. And to cultivate that culture further, many national law
associations prescribe or recommend a minimum number of
hours of pro bono work that a lawyer must perform in a year.
The American Bar Association recommends 50 hours per
lawyer per year. The Australian Law Society recommends a
minimum of 35 hours per lawyer per year.
So what happens to foreign lawyers who work in Singapore?
Obviously they cannot satisfy the recommendations of
their professional associations as they are not working in
their home country. They also cannot advise on matters of
Singapore law in Singapore, so they are deprived of the
opportunity to provide pro bono work. I would suggest that
these foreign lawyers contribute cash equal to the value
of the pro bono hours recommended by their national
associations to our Pro Bono programme. I must confess
that my suggestion is not original. Your Honour the Chief
Justice may recall that last year and the year before you
called on Singapore lawyers who are not actually performing
pro bono work to contribute cash equivalent to 25 hours of
their charge-out rates. I believe that foreign lawyers can well do the same. They no
doubt contribute to our economy and also to a more vibrant
legal community. But like the Singapore lawyers, they do
enjoy a high standard of living here, so like our Singapore
lawyers, it would be nice if they can help our less privileged
citizens.
Ultimately lawyers must regard the practice of law as part
of public service. It is very well to make good money, but
public service means making a contribution to society at
large. This is especially so for lawyers, or for that matter,
any other professional or businessman who has benefitted
from the system. I would like to believe that every lawyer will accept that pro
bono work is part of the DNA of his profession.
Before I end off, I wish to add a little bit more about the work
that the Society has been doing. And this is our continuing
attempts to assist the smaller firms. Some lawyers are
known to have gone around claiming that the Council is
pro-big firm. Nothing can be further from the truth. I had
spent more time last year meeting up with lawyers from the
smaller firms than lawyers from the bigger firms. I had also
initiated more programmes for the smaller firms.
Your Honours may recall that last year, I announced a
programme to assist the small firms by way of training
their secretaries and support staff. I received some rather
negative response to that suggestion. So we held that off.
But late last year, we organised the first training session and
it was well received. Not only did we have good attendance,
but we also had good questions. So the organisers will
arrange more of such sessions.
In conclusion, may I assure Your Honour of the support of
my members for the Judiciary in all Courts. I also reaffirm our
commitment to co-operate with the officers of the AttorneyGeneral’s Chambers in the administration of justice and to
combine efficiency with justice in all cases coming before
the Courts. I also extend to Your Honour, Chief Justice, and
all your colleagues on the Bench, as well as the Minister
for Law and the Attorney-General our best wishes for a
successful year ahead.
► Wong Meng Meng, Senior Counsel
President
News
Diary and Upcoming Events
Diary
December 2011
Legal Secretarial Course:
Foundation Module — General
Introduction to Working in a
Singapore Law Practice
Organised by the Continuing
Professional Development
Department
5.00pm - 7.30pm
Law Society Conference Room
Upcoming Events
February 2012
February 2012
February 2012
Lunar New Year Luncheon
14th Legal Practice Management
Course 2012
The Annual Bowling Masters
2012
12.30-2.00pm
Subordinate Courts Bar Room
9.00am-5.00pm
NTUC Business Centre
9.30am
Marine Bowl, East Coast Parkway
Members of the 2012 Council
The members of the 2012 Council of the Law Society of
Singapore are as follows:
1. Wong Meng Meng, SC – President
2. Lok Vi Ming, SC – Vice-President
3. Leo Cheng Suan – Vice-President
4. Kelvin Wong – Treasurer
5. Rajan Menon
6. Young Chee Foong
7. Lim Seng Siew*
8. Kuah Boon Theng*
9. Eng Yaag Ngee Rachel#
10. Thio Shen Yi, SC#
11. Lisa Sam Hui Min
12. Michael S Chia*
13. Moiz Haider Sithawalla^
14. Koh Theng Jer Christopher
15. Anand Nalachandran
16. Sean Francois La’Brooy
17. Lee Terk Yang
18. Ong Pang Yew Shannon^
19. Tang Bik Kwan Hazel^
20. Kang Yixian
21. Simran Kaur Toor
* – Statutory member appointed by the Council under s
48(1)(c) Legal Profession Act
# – Statutory member appointed by the Minister under s
48(1)(b) Legal Profession Act
^ – Member appointed by the Council pursuant to s 53(1)
Legal Profession Act
News
Council Bulletin
Council Update
10 November 2011
Law Cares – Partnership with Lien Foundation
Council approved a proposed partnership between the Lien Foundation and the Law Cares programme of the Law
Society in 2012 which will include outreach programmes for the elderly.
Regional Insolvency Conference
Council noted that the Insolvency Practice Committee would be organising a Regional Insolvency Conference in May
or July 2012.
Invitation to Foreign Bar Associations to Attend Opening of the Legal Year 2012
Council agreed to extend invitations to the national bar associations of Brunei, Indonesia, Philippines, Thailand and
Vietnam to attend the opening of the legal year, in addition to Hong Kong and Malaysia who have traditionally been
invited.
14 December 2011
Law Society’s Conditions of Sale
Council agreed to the launch of the Law Society’s Conditions of Sale in January 2012, which contains amendments to
the same. The publication will be available at no charge to members.
Appointment of the Law Society of Singapore Pro Bono Learning and Support Services Management
Committee
Council resolved to appoint the following persons as members of the Pro Bono Management Committee from 1 January
2012 to 31 December 2013:
1.
Arfat Selvam;
2.
Christopher Koh (Council representative);
3.
George Lim, SC;
4.
Kelvin Wong (Treasurer);
5.
Malathi Das;
6.
N Sreenivasan; and
7.
Thio Shen Yi, SC (Council representative)
Pro Bono Friendly Certification Scheme for Law Practices
Council gave in principle approval for the introduction of a basic uniform certification scheme through which a law
practice could obtain pro bono friendly certification. Details will be available in due course.
Law Awareness for Youths – Project Schools
Council approved the proposed launch dates and budget for Project Schools for 2012, which is an initiative to create
law awareness amongst students in secondary schools on current legal issues that youths can identify with. The project
will be self-funded and will serve to educate students and promote the Law Society as an organisation that gives back
to the community by facilitating access to justice.
Collaboration with Employer Alliance and Singapore National Employers Federation
Council noted that the Law Society will be collaborating with Employer Alliance and the Singapore National Employers
Federation to hold a seminar for members on the availability of various government funds for law practices to obtain
financial assistance or to enhance productivity.
News
Practice Information
Legal Profession (Solicitors’ Accounts)
(Amendment No 2) Rules 2011 Fact Sheet
This fact sheet provides a guide to the amendments
to the Legal Profession (Solicitors’ Accounts) Rules
(“SAR”), introduced by the Legal Profession (Solicitors’
Accounts) (Amendment No 2) Rules 2011 which have been
gazetted and came into operation on 25 November 2011
(“Amendment Rules”).
The amendments were made for “unclaimed conveyancing
money” (as defined in the Amendment Rules) that were
deposited in the client account before 1 August 2011 to be
continued to be held in the client account for the time being,
instead of having to transfer such money to a conveyancing
account by 31 December 2011, ie, upon the expiry of the
transitional framework set out in the Conveyancing and Law
of Property (Conveyancing) Rules 2011, as amended on 25
November 2011 (“CLP Rules”).
Amendments to Legal Profession (Solicitors’
Accounts) Rules
1. Notwithstanding the SAR or the CLP Rules, any
conveyancing money or anticipatory conveyancing
money (as defined in the CLP Rules) that were deposited
in the solicitor’s client account before 1 August 2011
can continue to be held in the client account for the time
being:
a. in any case, where the money is unclaimed
conveyancing money until the money is drawn from
the client account; or
b. in any other case, for a period of five months
beginning on 1 August 2011. [Rule 17(1) of the
SAR]
2. “Unclaimed conveyancing money” is defined as “any
conveyancing money or anticipatory conveyancing
money deposited into a solicitor’s client account before
1 August 2011 which the solicitor is unable to pay to the
person entitled to be paid the money by reason that:
a. the solicitor is unable to ascertain:
i. whether that person exists; or
ii. the address of that person;
b. the solicitor has tendered to that person, but that
person has not accepted, the money;
c. the solicitor has tendered the money to that person
by a cheque, but that person has not encashed the
cheque; or
d. despite the making of reasonable efforts, the
solicitor is unable to tender the money to that
person”. [Rule 17(3) of the SAR]
3. The prohibition against a solicitor holding or receiving
any anticipatory conveyancing money belonging to
another person is subject to r 17 of the SAR. [Rule
3(1B) of the SAR]
4. Any money held by the solicitor under r 5(4) of the CLP
Rules may be paid into a client account. [Rule 4(f) of
the SAR]
5. Unclaimed conveyancing money held in the client
account under r 17(1)(a) of the SAR and money paid
into the client account under rr 4(1)(e) and (1)(f) of the
SAR ie, money held by a solicitor under r 5(3) and 5(4)
of the CLP Rules, may be withdrawn in the same way
as client’s money. [Rule 7(1) of the SAR]
6. The amendment to r 11(6) amends a typographical
error therein, where the reference to “client’s account”
is replaced with “client account”. [Rule 11(6) of the
SAR]
Conveyancing Practice
Committee’s Circular 4 of 2011
Practical Tips for Solicitors
Holding Unclaimed
Conveyancing Money in Client
Account
This Circular provides practical tips to solicitors who wish
to determine whether the conveyancing money deposited
in the client account before 1 August 2011 are unclaimed
conveyancing money (“UCM”) as defined in r 17(3) of the
Legal Profession (Solicitors’ Accounts) Rules (“SAR”), as
amended by the Legal Profession (Solicitors’ Accounts)
(Amendment No 2) Rules 2011 (“SA(A2)R2011”). Please
refer to the Law Society’s Fact Sheet on SA(A2)R2011
dated 25 November 2011 for details of the amendments.
Practical Tips for Solicitors Holding Unclaimed
Conveyancing Money
1. Solicitors should take immediate steps to peruse their
files, accounts sheets and other records to check
whether their law practice is holding any conveyancing
money (deposited before 1 August 2011) in their client
account, and determine whether the moneys remaining
in the client account:
a. are “conveyancing” money; and
b. fall within the definition of UCM under r 17(3) of the
SAR.
News
Practice Information
2. Where files have been archived and no electronic
records were kept, solicitors should retrieve these files
to check the nature of the transaction (to determine
whether the moneys are conveyancing moneys),
the reason why the moneys are still remaining in the
account and the steps taken to disburse the moneys
to the entitled party, if any (to determine whether the
moneys are unclaimed).
3. Where a solicitor is holding small amounts of unpaid
legal costs and disbursements in the client account for
which an invoice has yet to be rendered, the solicitor
should render invoices for these amounts and fulfill the
prescribed requirements before deducting the amounts
from the client account (see: r 7(1)(a)(iv) of the SAR and
Council’s Practice Direction 2 of 2011 dated 1 August
2011).
4. Where the solicitor is able to ascertain that the entitled
payee exists or his address, the solicitor should take
immediate steps to tender the money to the entitled
payee, if this has not been done. The money is UCM
if: (i) the solicitor has tendered it by way of cheque or
otherwise, but the person has not accepted the money/
encashed the cheque (r 17(3)(b)-(c)); or (ii) the solicitor
is unable to tender the money to that person, despite
making reasonable efforts (r 17(3)(d)).
5. The law practice bears the burden of determining that it
has sufficient basis to claim from the client, reasonable
disbursements for costs incurred in ascertaining the
particulars of the entitled payee and/or tendering the
money to the entitled payee.
6.Solicitors holding UCM can consider opening a
separate client account for purely holding unclaimed
conveyancing moneys to facilitate proper record
keeping and accounting of these moneys.
7. Law practices should have in place a system of proper
accounting and reporting of UCM to ensure smooth
and efficient transfer of UCM to the appropriate entity if
subsequently required to do so.
This Circular outlines the practical tips for solicitors
holding unclaimed conveyancing money in clients’
accounts. Please note that while all efforts have
been made to ensure the accuracy of the contents
of this Circular, readers should refer directly to the
relevant text of the legislation and ensure that the
relevant provisions are applicable to the reader’s
specific circumstances before dealing with any
money relating to a conveyancing transaction.
Date: 25 November 2011
>> IN-HOUSE Q&A WITH JLEGAL
Michael Own
Michael Own | EMC
Regional Legal Counsel, Asia Pacific/Japan | EMC
Legal capability Across Asia Pacific/Japan, I have 8 lawyers, 3 legal assistants and 1 support staff.
Main external counsels We have relationships with several global law firms and various local law
firms in all the countries where we operate. We retain law firms and lawyers that are appropriate
for the project, matter, expertise and country(s) involved.
jlegal
your global legal recruitment partner
In your opinion, why have in-house lawyers become an increasingly indispensable part of an organisation? The business, legal, and regulatory
environment has become increasing more complex. An in-house lawyer that understands a company's business, products and strategies and
can explain the macro sociopolitical environment and legal and regulatory regimes that the business operates in would be able to provide
pro-active business focused and implementable legal advice whilst protecting the company. If the in-house legal department cannot
demonstrate the above, management will likely view the legal department as a legal service provider and contract documentation department.
An effective in-house lawyer will hopefully work closely with all business and functional sales folks and leaders across the company. This
broader insight will allow the in-house lawyer to have a more macro and balanced view of the business and enable the lawyer to be part of the
business decision-making process at the outset. Finally, there is also increasing focus on compliance and corporate governance on various
In recent times, the role of the General Counsel has diversified into a multi faceted role (where the General Counsel can wear the 'hat' of Lawyer, Legal
Manager, Compliance Manager, and Company Secretary). In your opinion, do you believe this has increased your risk profile? I think the increased
multi-faceted role has enhanced the in-house lawyer's ability to demonstrate value to the business to be a full business partner to the business. The
easiest way to avoid risk is to do nothing which means the business comes to a stop. It is likely more effective to understand that all decisions and
actions have risk, understand the risk, consequences of the risk, what risk is acceptable to the business, and how to manage those risks that a
business has to take. A General Counsel should develop a good team, set the direction, delegate where necessary. and allow his team to perform.
What is the best advice you have ever received? This is not an easy question to answer since I have received excellent advice from various people
over the years. I think it is to take your work but not yourself seriously. Also, a quote from Winston Churchill is instructive - "A pessimist sees the
difficulty in every opportunity; an optimist sees the opportunity in every difficulty".
Contact JLegal
e | singapore@jlegal.com t | singapore 65 6818 9701
www.jlegal.com
singapore hong kong melbourne sydney
london
uae
News
Criminal Law Conference
Inaugural Criminal Law Conference
The inaugural Criminal Law Conference was held on 13 and
14 October 2011. It was jointly organised through the sheer
grit and determination of the Law Society of Singapore, the
Attorney-General’s Chambers, the Association of Criminal
Lawyers of Singapore and the Singapore Academy of
Law. It was the first time that a conference of such scale
and dedicated purely to criminal law was being held in
Singapore. Going by the success that greeted the event, it
will certainly not be the last.
Over the two event-filled days, the Conference brought
together Judges, prosecutors, practitioners, academics
and policy-makers who engaged in an exciting discourse
on various issues of concern to stakeholders in the criminal
justice system. The broad spectrum of topics explored
included Sentencing Options for the Courts in Singapore, the
role of Experts in Criminal Practice, Prosecutorial Discretion
as well as Securities and Financial Crimes in the modern
world. Distinguished speakers and panellists, all experts in
their own fields, shared their views and experiences.
We were privileged to have some special overseas guests
with us. Lord Peter Goldsmith QC PC, the former AttorneyGeneral of the UK and currently an eminent barrister, gave
an enlightening keynote lecture on Prosecutorial Discretion.
Datin Seri Paduka Hayati Salleh, the Attorney-General of
Brunei, presented an insightful perspective on the topic
of Confessions and Police Statements. Mr Kevin Zervos
SC, the Director of Public Prosecutions of Hong Kong,
gave an engaging presentation on issues surrounding the
investigation and prosecution of Securities and Financial
Crimes. Their personal experiences and the perspectives
gleaned from the practice of criminal law in their respective
jurisdictions proved invaluable, especially during the panel
discussion on Prosecutorial Discretion which featured all
of the aforementioned speakers as well as the Honourable
Attorney-General, Mr Sundaresh Menon and Senior Deputy
Public Prosecutor of the Attorney-General’s Chambers of
Malaysia, Datuk Wira Kamaludin.
Apart from the talks and panel discussions, a session was
set aside for speakers and delegates to share freely about
the excitement and rewards of a career in criminal legal
practice. The passion and conviction exhibited during the
various panel discussions and the intense and enthusiastic
debates serve as a strong reminder that criminal law
remains a field of choice for many. A fair number of young
lawyers and law students interested in criminal law and
criminal practice attended the Conference and they would
have left the Conference encouraged and with new (or
renewed) aspirations on the practice of criminal law.
The Conference ended in “high spirits” during a sundown
networking drinks session at the Singapore Cricket Club
that was packed with conference participants who were
well entertained by talented bands and singers from the
Attorney-General’s Chambers.
The momentum that the Criminal Law Conference 2011
generated did not stop at the conclusion of the event. Half a
dozen working groups, each dealing with outstanding issues
that arose from the Conference or recent developments in
criminal law, have been set up since the Conference ended.
The working groups include representatives from the AGC
and the Bar and it is hoped that they can further enhance the
criminal justice system in the interests of all stakeholders.
This and the ever-improving relations between the Bench,
AGC and the Bar certainly give cause for continued optimism
for the future of the criminal justice system.
► Derek Kang
Criminal Practice Committee
Electronic Evidence
Second Edition
Electronic evidence is now recognised as the main source of
evidence worldwide. It affects every aspect of law, criminal and civil,
and with the internet, is even more important for all lawyers to
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Electronic Evidence Second edition provides you with essential
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this successfully in litigation and other means of dispute resolution.
Electronic evidence brings together all the issues relating to
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Fundamentals of digital evidence: The practical foundations of digital
evidence, illustrated with relevant case law
1. The sources of digital evidence
2. The characteristics of digital evidence
3. Investigation and examination of digital evidence
4. Authenticity, evidential foundations and proof
5. Presumptions and digital evidence
6. Using graphical technology to present evidence
7. The practical management of digital evidence
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PART TWO:
Country-specific chapters
8. Australia
9. Canada
10. England and Wales
11. Hong Kong
12. India
13. Ireland
14. New Zealand
15. Scotland
16. Singapore
17. South Africa
18. United States of America
Appendices
1. Selected list of resources
2. The Sedona Guidelines
3. Commonwealth Draft Model Law on Electronic Evidence
4. ACPO Good Practice Guide for Computer-Based Electronic
Evidence
5. Guides to ACPO from across the world
Authors
By Stephen Mason, Barrister, with a team of international contributors
Philip Argy, Arbitrator; Derek Begg, Potter Farrelly; Stephen Brady,
Barrister; Seamus E. Byrne LLB, CISSP, CCE, EnCE, MCP, Security+,
Lawyer; Ruth Cannon LLB (Dub), BCL (Oxon), BL, Barrister; Steve
Coughlan, Professor, Schulich School of Law at Dalhousie University,
Halifax Nova Scotia; Robert J. Currie, Assistant Professor, Schulich
School of Law at Dalhousie University, Halifax, Nova Scotia; Chris
Dale, Solicitor; M. James 'Jim' Daley; Brian W. Esler, Partner,
Intellectual Property Group, Miller Nash LLP, Seattle; Laur
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News
Guests at the launch of the Conference
Guest-of-Honour, Minister for Foreign Affairs and Minister for Law, Mr K Shanmugam
The Honourable Attorney-General, Mr Sundaresh Menon
Vice-President of the Law Society, Mr Lok Vi Ming, SC
Judge of Appeal Justice V K Rajah
News
The VIPs officially launching the Conference
(L to R): Mr Bala Reddy, Mr Desmond Chin and Mr Peter Fernando
Senior Deputy Public Prosecutor of the AGC of Malaysia, Datuk Wira Kamaludin
Justice Steven Chong
A member of the audience posing a question
News
Mr Amarjeet Singh, SC
Deputy Chief District Judge Jennifer Marie
Asst Prof Mahdev Mohan
Mr Derek Kang
Lord Peter Goldsmith, QC, PC
Director of Public Prosecutions, Hong Kong, Mr Kevin Zervos, SC
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News
A member of the audience raising a question to panelists
AG of Brunei, Datin Seri Paduka Hayati Salleh
Justice Choo Han Teck
Professor Walter Woon
(L to R): Mr Davinder Singh, SC and Mr Francis Xavier, SC
Justice Chan Seng Onn
News
Nus Pro Bono Seminar
Dean, Prof Tan Cheng Han, SC, addresses the audience. With his support, the NUS Pro Bono Group has grown to be one of the largest student groups in the faculty
NUS Pro Bono Seminar Series 2011
The NUS Pro Bono Seminar Series 2011 All About Doing
Good presented two lively and interactive seminars on
issues in the local pro bono scene. This seminar series was
organised by the executive committee of the NUS Pro Bono
Group.
The first of the student-organised seminars, moderated
by Mr Lim Tanguy, Director of the Law Society Pro Bono
Services Office, was held on 7 September 2011. Entitled
Doing Good While Doing Well, the seminar explored the
concerns within the pro bono community and whether pro
bono work should be mandatory.
Mr N. Sreenivasan, from Straits Law Practice LLC, started
the discussion by pointing out that lawyers should have the
responsibility to help others in need because they are able
to navigate through the legal system. Mr Chan Hian Young,
the full time Pro Bono partner at Allen & Gledhill LLP, added
that pro bono gives to both the provider and the recipient,
and that compulsory pro bono would take away some of the
intangible benefit from both parties. From the perspective of
a young lawyer, Ms June Lim from Eldan Law LLP felt that
pro bono should be mandatory for young lawyers in order to
introduce them to pro bono or for skill-building.
While law firms are ultimately concerned with the bottomline and their culture determines their attitude towards
pro bono, the panel observed that the pro bono scene is
continually growing in Singapore. Ms Lim highlighted the
various avenues we could take to do pro bono work, such
as research on legal matters, dispensing of advice at legal
clinics, or helping out in organising pro bono events. Mr
Chan also introduced the audience to the pioneering pro
bono programme in Allen & Gledhill LLP (“A&G”), where he
is the full-time Pro Bono partner. A&G’s programme focuses
on charitable organisations as they require assistance to
comply with an increasing number of regulations in the
charity sector. Mr N. Sreenivasan also commended A&G’s
programme for its effectiveness in terms of utility to society.
“It may be more effective to help one person who helps 100
people than to help 100 people,” he said.
The second seminar, entitled Doing Good Well, was held
on 14 September 2011 and was moderated by Asst Prof
Helena Whalen-Bridge, Faculty Advisor to the NUS Pro
Bono Group. Our Dean, Prof Tan Cheng Han, SC, was
recognised for his crucial support to the Pro Bono Group
from the beginning and over the years. With his support, the
Pro Bono Group has grown to be one of the faculty’s largest
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News
Nus Pro Bono Seminar
Panelists for Seminar 2 (L to R): Mr Sheik Mustafa Abu Hassan, Mr Cyril Chua, Mr Thio Shen Yi, SC, Asst Prof Helena Whalen-Bridge, Ms Malathi Das and Mr Gregory Vijayendran
student groups. He started the seminar by relaying that to
him, the knowledge that we are giving a bit of ourselves to
help people in need of legal aid is “an essential component
to a fulfilling life”.
The first panelist to speak was Ms Malathi Das, Partner at
Joyce A Tan & Partners, who assured us that opportunities
for pro bono work would always be present regardless of
one’s specialisation. Mr Cyril Chua, partner at ATMD Bird
and Bird LLP, seconded this and opined that “as long as
[you] want to stand up and be counted, then [you] can
contribute”. The third guest speaker, Mr Sheik Mustafa Abu
Hassan, Senior Assistant Director of Legal Aid in the Legal
Aid Bureau, shared with us how the few hours a lawyer
spends on each case alleviates months of grief suffered by
the person.
Panelists for Seminar 1 (L to R): Mr Chan Hian Young, Mr Lim Tanguy, Ms June Lim, and
Mr N. Sreenivasan
Mr N. Sreenivasan shares his experience in pro bono work
The audience heard from the panel of lawyers on how a
firm could do well in pro bono work. Mr Thio Shen Yi, SC
and joint managing director of TSMP Law Corporation,
stressed three key elements in any pro bono programme:
encouragement, support and knowing that there is genuine
value in pro bono work. The firm must see value in pro bono
work, or there will be resistance to it. Next, “support” is the
actual provision of legal tools, training and administrative
support for pro bono work to guide young lawyers. Third,
Mr Thio felt that pro bono work is valuable not only to the
beneficiaries of legal aid, but to the lawyers as well. Lawyers
can gain satisfaction through pro bono work when they put
their ideals into practice and make a difference in a person’s
life. Mr Gregory Vijayendran, partner of Rajah & Tann LLP,
said that lawyers have to be prepared to advise outside
their area of expertise. Second, we have to be realistic and
find a balance between the firm’s work and pro bono, as
well as be mindful of the firm’s attitude towards pro bono
work. While “every bit counts”, we cannot take on more than
we can handle. Third, we must work with pro bono clients
respectfully. Every individual deserves respect and should
be treated with dignity.
To sum up the lessons from the seminar, every one of us
can do good well. It is important to facilitate access to the
law, and every bit contributed towards this aim is valuable.
The audience was treated to humorous anecdotes from the panelists
► Chiam Yee Sheng
NUS Pro Bono Group
Feature
The liability of an employer for a tort committed by an employee is an area of
significant controversy. The problem is particularly acute where the employee’s tort
is an intentional one. Various tests and guides have been formulated as Judges
struggle to decide whether and why vicarious liability should be imposed in the
cases before them. Perhaps the most recent and important of these is the “close
connection” test. Skandinaviska, which involved fraudulent schemes by a finance
manager to meet his casino debts, provided the Singapore Court of Appeal the
opportunity to expound on this challenging area of law. This note explains and
comments on this seminal decision.
Vicarious Liability: The Close Connection Test
and the Skandinaviska Decision
Introduction
It is trite law that an employer is vicariously liable for a tort
committed by its employee in the course of employment.
Essentially, vicarious liability turns on two elements:
“employee” and “in the course of employment”. The
first element asks if the tortfeasor is an employee or an
independent contractor; there is no vicarious liability for
a tort by the latter.1 In the legal development in this area,
several tests and concepts have emerged, the foremost of
which are the control test, the business integration test, the
economic reality test and the multi-factorial approach.2
The second element – “in the course of employment” – is said
to be a “most vexed requirement”3 and has often resulted in
decisions which are inconsistent or irreconciliable, leading
observers to suspect that many decisions were really based
on the Court’s perception of what justice required.4 An early
yardstick used is the Salmond test5 of authorised and
unauthorised act – if the act was authorised but the mode
was unauthorised, the act was nevertheless done “in the
course of employment”. However, the Salmond test, though
generally helpful, had its limitations and various other tests
or factors were introduced, including:
1. The degree of excessiveness of the employee’s
conduct;
2. The employee’s motive;
3. The scope of the employee’s authority; and
Even with all these tests, Courts had difficulty in dealing
satisfactorily with cases of intentional torts, such as
instances of sexual abuse in welfare homes. In Lister v
Hesley Hall,6 (“Lister”) the House of Lords held a boarding
house vicariously liable for the sexual assaults committed
by the warden on children in his care on the basis of
the close connection between the employee’s nature
of employment and the tort he committed. In so doing, it
overturned the Court of Appeal decision in Trotman v North
Yorkshire CC,7 which had applied the Salmond test and
held a school not vicariously liable for the sexual assault
committed by its deputy headmaster. In Lister, the House
of Lords chose instead to follow the lead of the Canadian
Supreme Court in Bazley v Curry.8 The advantage of the
close connection test, as Lord Millett observed, is that “it
would accord with the underlying rationale of the doctrine
[of vicarious liability] and be applicable without straining the
language [of the Salmond test] to accommodate cases of
intentional wrongdoing”.9
Until the Singapore Court of appeal in Skandinaviska
Enskilda Banken v Asia Pacific Breweries [2011] SGCA
22 (“Skandinaviska”), it was unclear whether the close
connection test applied in Singapore.
Facts of Skandinaviska
In Skandinaviska, Chia, a finance manager in Asia Pacific
Breweries (“APB”) obtained credit facilities from several
banks through false pretences and forged board resolutions.
The banks claimed repayment of the loans on grounds of
4. Whether the conduct benefited the employer.
Feature
agency, vicarious liability, negligence and restitution. In the
High Court,10 the action failed on all four grounds. (This note
focuses on vicarious liability.)
Policy of Victim Compensation
In dealing with vicarious liability,11 Belinda Ang J relied on the
principle in Lloyd v Grace Smith12 that the question whether
an employee was acting in the course of employment was
the same as the question whether he was acting within the
scope of his actual or ostensible authority. As she had earlier
in her judgment found that Chia had no actual or ostensible
authority to bind APB, it followed that Chia’s fraudulent acts
were not done in the course of his employment and APB
was not vicariously liable. There was thus no need, in her
view, to consider the Lister test of close connection.
On appeal, the appellants argued, inter alia, that the
principle laid down in Lloyd v Grace Smith was superseded
by the close connection test, which if applied to the case
would result in APB being vicariously liable.
His honour pointed out that “the objective of victim
compensation rests on the implicit premise that the victim
of the tort is not at fault for the tort, or at least bears less
fault for the tort than the party who is morally responsible
for the tort”.17 He further explained why victim innocence is
important:18
Judgment of Court of Appeal
Chief Justice Chan Sek Keong delivered the judgment of the
Court of Appeal. On vicarious liability, Chan CJ began with a
short account of the development of the “close connection”
test tracing it from its supposed origin in the Salmond test,
to the rejection of the Trotman approach by the Canadian
Supreme Court in Bazley v Curry and finally to the House
of Lords decision of Lister. His honour noted that the close
connection test was subsequently applied in several cases
in different jurisdictions.
Singapore’s Position on Close Connection
In the Chief Justice’s view, the close connection test is
an “intellectually satisfying and practical criterion” for
determining whether vicarious liability should be imposed
on an employer for torts committed by an employee “during
an unauthorised course of conduct”, whether the wrong was
intentional or inadvertent.13 He found the test satisfying and
practical as it imposes liability only when it is “fair and just”
to do so and provides a workable concept.
Also, the test requires a Court to openly confront the
question of whether liability should lie against the employer,
rather than “obscuring the decision beneath semantic
discussions”14 of scope of employment and mode of conduct.
As regards what is fair and just, Chan CJ adverted to the
two policy considerations of victim compensation and
deterrence highlighted by McLachlin CJ in John Doe v
Bennett.15
On victim compensation, Chan CJ explained:16
… an innocent victim of an employee’s tort should,
under ordinary circumstances, be compensated. In this
regard, the employer is usually the person best placed
and most able to provide effective compensation to the
victim. In our view, making the employer vicariously
liable is not only a practical solution, but also fair and
just. After all, a person who employs another to advance
his own interests and thereby creates a risk of his
employee committing a tort should bear responsibility
for any adverse consequences resulting therefrom.
The main touchstone of legal liability at common law is
usually, and justifiably, moral culpability … Vicarious liability,
in contrast, operates regardless of whether there is any fault
on the part of the person who is ultimately made to provide
compensation for the blameworthy party’s wrongdoing … As
a form of “strict” liability … vicarious liability is an anomaly
in the common law. For this reason, vicarious liability can
only be justified if the victim of the tort is himself not at
fault, or is less at fault than the blameworthy party and/or
the ultimate defendant. (Emphasis added).
In short, since vicarious liability does not require fault on
the part of the employer, the imposition of such liability
can only be justified if the victim was innocent or at least
more innocent as compared with the employer and/or the
employee.19 Otherwise, the policy of victim compensation
as a justification for imposing liability, in the words of the
Chief Justice, “loses much of its moral force”.20
Policy of Deterrence
On the policy consideration of deterrence, Chan CJ
thought the consideration was a legitimate one. The policy
consideration, he explained:
… rests on the fundamental premise that the employer
is best placed, relative to everybody else, to manage the
risks of his business enterprise and prevent wrongdoing
from occurring. (Emphasis added).
Feature
Employers are generally in the best or better position to
prevent wrongdoing by their employees. He noted that there
could, however, be two situations where this may not be so.
The first is where the person best placed to prevent the tort
may not be the employer but the victim himself or some
third party.21 The second is where the employee’s tort is
“uncontrollable and, therefore, not amenable to deterrence”,
as in cases of excessively risky enterprises, spur-of-themoment torts and intentional torts. Chan CJ opined:22
In such situations, it may well be possible to find that the
employer has done all that is reasonable to deter the
tort and yet has failed to prevent the commission of the
tort. In such situations, deterrence as a justification for
imposing vicarious liability loses much of its force.
The sentiment expressed here is that if imposing vicarious
liability does not serve the purpose of deterrence, Courts
should be reluctant to impose liability.
Other Policy Considerations as Counterweight
Chan CJ also pointed out that the applicability of the policy
considerations of victim compensation and deterrence does
not inevitably lead to the conclusion that the employer is
vicariously liable, and vice versa. There could be other policy
considerations which could act either as a “counterweight”
to victim compensation and deterrence or, it is implicit from
the judgment, as a reason or additional reason to impose
liability.23
Chan CJ was cognizant of the discomfort some Judges had
with making decisions based on policy considerations of
what is fair and just, but pointed out that English Courts had
thus far been unable to forge a legal rule without reference
to policy considerations.24
Relation with Spandeck Test of Duty of Care
He also observed that, conceptually, the close connection
test is closely related to the Spandeck test for duty of care,
and added that a claim (based on vicarious liability) which
fails the close connection test is not likely to pass the
Spandeck test in a claim on negligence, and vice versa, as
both tests take into the account the criterion of foreseeability
of harm occurring to the victim. Indeed, in Skandinaviska
itself, the appellants’ claim failed on vicarious liability as well
as negligence.25 However, Chan CJ cautioned that this does
not mean that a finding of negligence can never be made
where a claim in vicarious liability fails, and vice versa, as
the two doctrines, though closely related, are not identical.
He was also careful to add that the close connection test is a
guide and not a rigid definition of circumstances of liability.26
Factors in Applying the Close Connection Test
Chan CJ referred approvingly to the factors laid down in
Bazley v Curry for ascertaining whether there was, in the
circumstances of the case, the requisite closeness of
connection:
1. The opportunity the enterprise afforded to the employee
to abuse his (or her) power;
2. The extent to which the wrongful act may have furthered
the employer’s aims;
3. The extent to which the wrongful act was related to
inherent risks of friction, confrontation or intimacy;
4. The extent of power conferred on the employee in
relation to the victim; and
5. The vulnerability of potential victims to wrongful exercise
of the employee’s power.
Application of Law to Skandinaviska Facts
Applying the legal framework that he had outlined, Chan
CJ gave five reasons why APB was not vicariously liable for
Chia’s acts of deceit:27
1. The functional connection between Chia’s employment
as finance manager and Chia’s fraudulent scheme
was “illusory” since his position gave him very limited
financial authority. Chia had no power to source for
credit facility or to borrow money on the company’s
behalf;
2. APB could not have reasonably contemplated that Chia
might defraud a third party28 which he had not authority
to deal with as finance manager; Chia’s fraud was
“entirely unforeseeable”;
3. The policy consideration of victim compensation did
not avail as Skandinaviska was in a much stronger
financial position than APB and was not a vulnerable
victim. Neither was APB an innocent victim as much
of the blame for the successful perpetration of Chia’s
fraud lay with APB;
4. As for deterrence, it cut both ways in the present case
but there was a greater need for banks as compared
with trading companies (such as APB) to adopt
prudential measures. Chia’s fraud could have been
prevented by the bank taking elementary measures,
Feature
such as contacting APB’s directors to verify that APB
accepted the credit facilities. Imposing vicarious liability
on APB may create “an unacceptable moral hazard” in
that banks may be encouraged to take only minimal
precautions against fraud; and
5. Finally, Chan CJ found that none of the five Bazley
v Curry factors were present except for the first
(opportunity afforded by enterprise to employee to
abuse his power) but even then the connection was a
tenuous one.
In view of the above, it was not fair and just to impose
vicarious liability on APB. In short, there was no close
connection between Chia’s fraud and his employment, and
the policy justifications for imposing vicarious liability were
absent in the present case.
Comments
The Skandinaviska is significant on several counts.
First, and most obviously, it declares that the close
connection test applies in Singapore and to all torts, whether
intentional or unintentional.
Second, it makes it clear that apart from close connection
there is a need to consider the policy considerations of
victim compensation and deterrence. Victim compensation
is premised upon victim innocence whilst deterrence is
based upon the comparative ability to deter wrongdoing. If
the premises upon which the considerations are based do
not obtain in the case at hand, then it would not be fair and
just to impose vicarious liability.
Third, Chan CJ’s judgment introduced a new and important
factor or consideration of the employer foresight of the
employee’s tort.
However, each of these in turn raises questions or doubts.
First, what is the status of all other tests previously used?
Are the Salmond test, the “frolic” test and other tests to be
totally discarded, even though each of them may be useful
in certain contexts? Or are they to be assimilated into or
subsumed under the general concept or rubric of “close
connection”? Chan CJ’s judgment does not give a clear
indication, although his honour’s caution29 that the close
connection test is a guide and not a rigid definition may
suggest that pre-existing tests may usefully be resorted to
in appropriate situations.
Second, do both considerations of victim compensation and
deterrence have to be satisfied before vicarious liability can
be imposed or is it sufficient that one is satisfied? Here,
again, there is no clear indication from the judgment. It
should be observed, however, that victim compensation
and deterrence are two primary goals of tort law and there
is no discernible judicial approach or philosophy of requiring
both these goals to be satisfied in order for tort liability to
be imposed. Logically, so long as one of the two goals is
satisfied, it should be permissible, policy-wise, to impose
liability.
Third, the role of foreseeability in vicarious liability poses the
greatest difficulty. It is observed that in Chan CJ’s excursus
of the law, there was no mention of foreseeability as a factor
for deciding vicarious liability and it was only when he came
to the application of the legal framework to the facts of the
case that foreseeability emerged. If we examine Chan CJ’s
reasoning as to why APB was not vicariously liable, we find
that four reasons were given:
Feature
1. There was no close connection between Chia’s fraud
and his employment: paras [90], [95];
author benefitted from a discussion on the point of foreseeability with
colleague Gary Chan.
2. APB could not foresee that Chia would commit, and
commit successfully, the fraud on the banks: para [91];
Notes
3. Victim innocence, the premise upon which victim
compensation is based, was not satisfied: para [92];
and
4. The deterrence justification did not obtain as there was
a need to hold banks to a higher standard of prudence
and responsibility: para [95].
Reading the judgment, one is drawn to the inevitable
conclusion that Chan CJ was introducing foreseeability as
an additional factor in the determination of vicarious liability,
either under the broad concept of “close connection” or as
a third requirement30 (in addition to “close connection” and
“fair and just”).
Assuming this is so, there is a further question of whether
foreseeability is a necessary requirement for finding a close
connection or whether it is simply an additional factor to be
appended to the five factors of Bazley v Curry. If the former
interpretation is correct, then vicarious liability is gravitating
closer to the realm of fault-based liability. A strong argument
may be made that foreseeability should have, at most,
a minor role to play in vicarious liability (as one of many
factors in ascertaining close connection) and that its true
or primary role is in the tort of negligence. It is a matter of
conjecture which interpretation is intended by the Court of
Appeal.
Concluding Remarks
The Court of Appeal decision in Skandinaviska is to be
welcomed. It has endorsed the close connection test and
mandated that its application be carried out alongside policy
considerations of victim compensation and deterrence.
However, as with most legal developments, Skandinaviska
brings with it questions and doubts, perhaps the most difficult
of which is the role of foreseeability in the determination of
vicarious liability. It is indeed a landmark decision, although
its full implications will only be appreciated and worked out
over time.
► Low Kee Yang *
1
The employer, however, may have primary liability if he is in breach of his own nondelegable duty or if he had authorised the independent contractor’s tort and thus be
liable as joint tortfeasor.
2
See for example, Deakin, Johnston & Markesinis, Markesinis & Deakin’s Tort Law
(OUP, 6th ed) pp 666-677.
3
Markesinis & Deakin’s, ibid at 678.
4
See Lunney & Oliphant, Tort Law: Text & Materials (OUP 4th ed) p 853.
5
The test first enunciated by J W Salmond in The Law of Torts(Stevens & Haynes,
1907).
6
[2002] 1 AC 215.
7
[1999] LGR 584, CA.
8
(1999)174 DLR (4th) 45. The actual name of the case is a lengthy one - The Children’s
Foundation, the Superintendent of Family and Child Services in the Province of British
Columbia and Her Majesty The Queen in Right of the Province of British Columbia as
represented by the Ministry of Social Services and Housing v Patrick Allan Bazley.
9
[2002] 1 AC 215,245.
10
[2009] SGHC 197.
11
Ibid at [193] – [199].
12
[1912] AC 716; confirmed by the House of Lords in Armagas v Mundogas [1986] AC
717.
13
[2011] SGCA 22 at [75], citing Bokhary PJ in Ming An Insurance v Ritz Carlton
[2002] 3 HKLRD 844 at [19].
14
[2011] SGCA 22 at [75], citing McLachlin J in Bazley v Curry.
15
[2004] 1 SCR 436 at [20].
16
[2011] SGCA 22 at [77].
17
[2011] SGCA 22 at [78].
18
Ibid.
19
The requirement of innocence or relative innocence on the part of the victim helps to
mitigate the apparent harshness of making an “innocent” employer vicariously liable.
20
Put another way, if a blameworthy or more blameworthy victim is able to sue an
employer, then the principle of vicarious liability lacks any moral force.
21
Chan CJ, at [80] gave the example of where the equipment required to perform a job
is supplied by an independent contractor.
22
[2011] SGCA 22 at [81].
23
His Honour did not give examples of such other considerations but emphasized the
“ultimate goals of fairness and justice must be paramount”: ibid.
24
Ibid at [82] – [83].
25
Ibid at [97] – [105].
26
Ibid at [85].
27
Ibid at [90] – [95].
28
Chan CJ remarked, at [91], that the connection would have been much closer if Chia
had defrauded a bank which APB had existing dealings with.
29
[2011] SGCA 22 at [85].
30
If so, then a comparison of vicarious liability and duty of care under negligence yields
an approximate mirroring of the elements of foreseeability, proximity and policy.
* LL.B (NUS), LL.M, PhD (King’s College London); Associate
Professor, School of Law, Singapore Management University. The
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Feature
This article discusses two important aspects that must be considered in international
intellectual properly arbitration to ensure the efficiency and success of the same.
International Intellectual Property Arbitration:
How to Use it Efficiently?
Introduction
The challenges and difficulties of litigating international
intellectual property disputes before state Courts are
well known.1 These hurdles may justify why commercial
arbitration2 has emerged as an attractive alternative for
solving international intellectual property disputes3 at the
global level and particularly in Asia.4 There is indeed a strong
interest that parties to an international intellectual property
agreement (such as a license agreement, a technology
transfer agreement or a research and development
agreement) have the power to submit their disputes to
arbitration, which may allow them to solve all aspects of
their dispute before one jurisdictional body: arbitration can
thus meet the needs of the parties to centralize proceedings
and to avoid costly parallel Court proceedings in various
countries,5 which are particularly frequent in international
intellectual property disputes.6 This trend for promoting
arbitration has been reinforced by recent regulatory
changes which have been adopted in certain countries
(as most recently done by the French legislator)7 for the
purpose of promoting the use of arbitration for intellectual
property disputes. The potential use of arbitration for
solving international intellectual property disputes, however,
needs to be carefully prepared. The goal of this article is
thus to discuss two important aspects that must be taken
into account by the parties and their counsel in order to
ensure the efficiency and thus the success of an intellectual
property, arbitration ie, the scope of the arbitration clause
(see Scope of the Arbitration Clause below) and the
choice of governing law (see Choice of Governing Law
below)8 in order to optimize the efficiency of the arbitration
proceedings.9 It is, however, required to address first the
issue of arbitrability of intellectual property disputes.
Arbitrability
A threshold question that must be considered first in
connection with efforts to arbitrate intellectual property
disputes is that of objective arbitrability.10 As a matter of
principle, it appears reasonable to consider that intellectual
property disputes shall generally be arbitrable.11 This liberal
approach reflects the fact that intellectual property rights and,
more generally, intangible assets, have become standard
and alienable corporate assets of companies. Given that
the condition of objective arbitrability frequently depends on
whether the object of the dispute can freely be alienated by
its owner,12 whether such object has an economic value13 or
whether the arbitrability of such object would violate public
policy,14 it seems appropriate to consider that intellectual
property rights and intellectual property disputes meet these
conditions so that they are fully arbitrable.15
The jurisdictional powers of arbitral tribunals are, however,
generally considered to reach their outer limits when a
dispute would require the arbitral tribunal to render an
award on the validity or nullity of industrial property rights
(ie, registered intellectual property rights) with effect erga
omnes. This may be problematic in certain countries (while
others have adopted a liberal approach such as Switzerland
and the US16), whose legal regimes take the position that
only the state authorities in the country of registration of
such rights shall have jurisdictional power to decide on such
issues.17
In any case, if arbitral tribunals do not make a decision
on the validity of the relevant intellectual property rights
(particularly of relevant industrial property rights, such as
patents, trademarks and designs) with an effect erga omnes
(which could lead to the cancellation of the industrial property
right from the relevant registry), but merely decide on the
issue of validity as far as this is required for deciding the
dispute between the parties (with an effect inter partes), this
should not raise concerns of arbitrability.18 In this respect,
contracting parties may validly define the power of the
arbitral tribunals to decide on these issues (with an effect
inter partes),19 which might help overcome the risks which
are generally associated with the arbitrability of intellectual
property disputes.20
Beyond this specific issue of the jurisdiction to decide on
the validity of certain registered intellectual property rights,
it is generally admitted that other aspects, including aspects
relating to the ownership and the transfer of intellectual
property rights, are fully arbitrable.
Accordingly, the use of arbitration as a mechanism to
resolve such disputes is generally consistent with public
policy in most jurisdictions even if certain public policy
based restrictions may limit the arbitrability of intellectual
property disputes in certain countries.21 As a result, the
grounds of inarbitrability of intellectual property disputes
are quite narrow and should not restrict the parties from
conceptualizing and planning in advance how an intellectual
property arbitration could successfully be structured and
what factors should be taken into consideration in this
framework.
Feature
Scope of the Arbitration Clause
It is well known that “arbitration is a creature of contract”.22
This bedrock principle of arbitration can, however,
sometimes lead to difficulties in the context of international
intellectual property arbitration cases because these cases
frequently raise issues which go beyond standard breach of
contract claims. This situation can typically arise when the
claim is made that a contracting party has misused trade
secrets which have been disclosed to it (potentially in the
course of a technology transfer agreement) given that trade
secret misappropriation claims are not based on contract,
but are frequently grounded on unfair competition law.23
Unless this is clearly expressed in the arbitration clause,
the argument can thus be made by the opposing party
that such non-contractual claims fall outside the scope of
the arbitration clause and thus are beyond the power of
the arbitral tribunal. This argument is of major practical
significance particularly because an award which would
decide on an issue which would be beyond the power of
the arbitral tribunal might not be enforceable under the New
York Convention precisely for this reason.24
The point here is thus to make sure that the arbitration
clause embraces the “universe of disputes”25 which can
arise between the parties. Experience shows, however,
that many arbitration clauses are not formulated broadly
enough in order to encompass intellectual property related
claims (ie, infringement claims26 or claims relating to the
validity/nullity of the relevant intellectual property rights) ie,
certain clauses have been construed as limited to purely
contractual claims.27
It is submitted that it would be fair, as a matter of principle,
to maintain that all non-contractual claims which have a
certain link with the relevant contract should also fall within
the jurisdiction of the arbitral tribunal (this issue being of
course subject to the rules of interpretation to be defined
according to the standard legal principles governing this
question).28 This is particularly important given that practice
confirms that it may be difficult in certain circumstances to
distinguish whether a given conduct (for instance the nonpayment of a royalty by a licensee) constitutes a breach
of contract (ie, breach of the license agreement) and/or an
infringement of the licensed intellectual property right.29 This
confirms the need that the arbitration tribunal shall have the
power to decide on all these issues instead of being limited
to the contractual claims. Standard clauses provided for
by recognised arbitration institutions can provide a basis
for making sure that non-contractual claims are within the
scope of the arbitration clause.30
Choice of Governing Law
An advantage of submitting an international intellectual
property dispute to arbitration, rather than to state Court
litigation, results from the broad freedom to choose a single
law which shall govern the dispute.31 The choice of law
could also cover issues regarding the validity of the relevant
intellectual property rights. As long as a decision to be made
by an arbitral tribunal as to the validity of a certain industrial
property right would only have an inter partes effect, the
parties in principle should be able validly to decide that the
issue of the validity of a given industrial property right, such
as a patent (which would be granted in many countries,
which is obviously not unusual in global patent licensing
transactions), shall be assessed on the basis of one
single patent law, and not by reference to each and every
potentially diverging national patent law implicated by the
relevant patent.32 This issue consequently also offers room
for creativity to the careful contract drafter or, if this issue
has not been properly addressed in the relevant contract, to
the counsel in charge of the arbitration proceedings.33
It must be emphasized that this broad freedom does
generally not exist when litigating before state Courts. This
is particularly the case under art 8 of the Regulation (EC)
No 864/2007 of the European Parliament and of the Council
of 11 July 2007 on the law applicable to non-contractual
obligations (Rome II) provides indeed that “[t]he law
applicable to a non-contractual obligation arising from an
infringement of an intellectual property right shall be the law
of the country for which protection is claimed” (art 8 para
1). This choice of law rule is mandatory and thus cannot
be derogated from by contract (art 8 para 3). While other
systems do not impose mandatory rules, the freedom of
choice remains extremely limited (as it is the case under the
new Chinese rules of private international law).34
It thus appears that the ability to choose the governing
law constitutes another key advantage of arbitration in
the sense that it helps to avoid a burdensome and costly
piecemeal choice of law solution which would result from
the application of multiple national intellectual property
laws. But this freedom requires that the parties and their
counsel be aware of this issue. In this respect, it would be
worth keeping in mind that the scope of the choice of law
clause should ideally reflect that of the arbitration clause35:
the choice of law clause should indeed mirror the arbitration
clause in making sure that all claims that fall within the
scope of the arbitration clause shall be governed by the
chosen law.
Conclusion
As confirmed by the growth of IP arbitration proceedings36
and by recent case law,37 the use of arbitration for solving
international intellectual property disputes is expanding.
This trend can be confirmed by the choice made by policy
makers to authorise and promote the use of arbitration for
solving intellectual property disputes,38 which constitutes a
clear sign that arbitration is an adequate method for solving
intellectual property disputes that does not threaten in any
manner, the powers of the state authorities over intellectual
property as such. This global trend can positively affect
Singapore as a privileged hub for solving global intellectual
property disputes.39
In view of these developments, it is important that all the
stakeholders, and particularly the parties and their counsel,
shall become aware of the adequacy of arbitration for
solving international intellectual property disputes and
shall take time to assess in advance the implications of
Feature
using arbitration effectively for solving such disputes. This
requires moving beyond the threshold issue of arbitrability of
intellectual property disputes in order to address the issues
which can significantly affect the success of an arbitration
in terms of cost, speed and efficiency, particularly the scope
of the arbitration clause and the definition of the governing
law.
Alison Ross, Enforcement Success for Designer Brand in China (17 August 2011),
available at: http://www.globalarbitrationreview.com/news/article/29765/; an English
version of the decision of the Shanghai Intermediate Court of May 10, 2011 is
available at: http://www.globalarbitrationreview.com/cdn/files/gar/_news/Shanghai_
judgment.pdf; on the arbitration of international intellectual property disputes from
an Asian perspective, see the report of Kazushige Ogawa, “Overcoming Problems
with Use of Arbitration in Intellectual Property Disputes (project conducted by the
Japanese Institute of Intellectual Property for the Japan Patent Office”, http://www.
iip.or.jp/e/e_summary/index.html, published in the Institute of Intellectual Property
Bulletin 2011, Vol 20, p 1 seq. (available at: http://www.iip.or.jp/e/e_summary/pdf/
detail2010/e22_13.pdf ); Szu-Chou Peng and Fu-Jung Wu, “Solutions for Disputes
Over Intellectual Property Between Taiwan and China — Analyzing Arbitration”
(2009) 13 Barry Law Review, p 155 seq; Scott Donahey, “Enforcement of Injunctive
Relief and Arbitration Awards Concerning Title and to Enforcement of Intellectual
Property Rights in Asia and the Pacific Rim” (1986) 19 Hastings Int’l & Comp. L. Rev,
p 727 seq.
► Jacques de Werra*
E-mail: Jacques.DeWerra@unige.ch
Professor of contract law and of intellectual property law at the Law
School of the University of Geneva (Switzerland); Member of the Swiss
Federal Arbitral Commission for the Management of Copyrights and
Neighbouring Rights; Domain Name Panellist of the Arbitration and
Mediation Center of the World Intellectual Property Organization and of
the Asian Domain Name Dispute Resolution Center (Hong Kong); the
author will teach an intensive course on Intellectual Property Arbitration
and Alternative Dispute Resolution in the Geneva Master Program of
International Dispute Settlement (www.mids.ch) in the academic year
2012-2013.
*
Notes
1
2
3
4
This also contributes to explain why projects have been conducted in order to
harmonize the complex field of private international law of intellectual property.
See the publication of the American Law Institute Intellectual Property: Principles
Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes (2008);
see also, the European Max-Planck-Group for Conflict of Laws in Intellectual Property
(“CLIP”): http://www.cl-ip.eu/ (the final version of the Principles for Conflict of Laws
in Intellectual Property has been released on August 31, 2011, see http://www.ip.mpg.
de/de/data/pdf/clip_principles_final.pdf (hereafter: the “CLIP Principles”) and the
committee on Intellectual Property and Private International Law (chaired by the
Japanese Professor Toshiyuki Kono) set up by the International Law Association in
November 2010 (http://www.ila-hq.org/en/committees/index.cfm/cid/1037).
This paper will not address the arbitration of intellectual property issues under
investment law / investment arbitration rules, even if this topic has become of utmost
importance, particularly in view of the ICSID case initiated by a tobacco group
against Uruguay (see Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A.
(Uruguay) v Oriental Republic of Uruguay, ICSID Case No. ARB/10/7) and of the
action which has just been initiated by the same group (Philip Morris) against Australia
under the 1993 Hong Kong Australia Bilateral Investment Treaty in connection with a
similar public health driven cigarette (plain packaging) rule which is claimed to violate
the trademark rights of the tobacco group as protected by international and bilateral
agreements (see Philip Morris Sues Australia Over Cigarette Packaging (November 21,
2011): http://www.bbc.co.uk/news/world-asia-15815311 and the press release of the
claimant : http://phx.corporate- ir.net/External.File?item=UGFyZW50SUQ9MTE
2MTIwfENoaWxkSUQ9LTF8VHlwZT0z&t=1; on this issue, see A. Alemanno, E.
Bonadio, “Do You Mind My Smoking? Plain Packaging of Cigarettes Under the WTO
TRIPS Agreement” (2011) 10 John Marshall Review of Intellectual Property Law, No 3.
See the excellent book of Trevor Cook, Alejandro I. Garcia, International Intellectual
Property Arbitration (Kluwer, 2010) (to which the readers can refer with utmost profit
as this book constitutes the most elaborate and thorough contribution to date on all
relevant issues of IP arbitration); see also Murray Lee Eiland, “The Institutional Role
in Arbitrating Patent Disputes” (2008-2009) 9 Pepperdine Dispute Resolution Law
Journal, p 283 seq.
See by way of example, the recent successful enforcement of a foreign arbitral award
(rendered in an arbitration under the rules of the American Arbitration Association’s
International Centre for Dispute Resolution) before a Chinese Court (the Shanghai
Intermediate Court) in an international intellectual property licensing dispute, see
5
See Cook, Garcia (supra note 3), p 48.
6
This argument may equally justify the use of choice of Court clauses, see Fairchild
Semiconductors Corp. v Third Dimension Semiconductor (D. Maine, Dec. 12, 2008)
(enforcing a choice of Court clause before a US Court in a worldwide patent license
agreement in spite of the fact that issues of foreign patent law (Chinese) may arise),
available at : http://www.patentlyo.com/fairchild.PDF.
7
See art L 331-1 of the French Code of intellectual property law (“Code de la
propriété intellectuelle”) for copyright; see also the similar provisions applicable to
other intellectual property rights : art L. 615-17 para 2 for patents, art L 716-4 for
trademarks, art L 521-3-1 para 2 for designs, art L 623-31 para 3 for plant varieties,
and art L 722-8 al 2 for geographic indications.
8
For a discussion of other relevant aspects (ie, confidentiality, provisional orders, nonmonetary relief and enforcement of foreign awards), see the paper of the author,
“Arbitrating International Intellectual Property Disputes: Time to Think Beyond (In)
Arbitrability”, to be published in the (2012), International Business Law Review, No 1
and from which this paper is derived.
9
In view of its limited scope, this article cannot present the national solutions and
perspectives on the different issues which shall be explored, but will rather discuss them
from a broader perspective, whereby it is obvious that the relevant issues would need
to be carefully analyzed under the relevant governing law (particularly the lex arbitri)
in the light of the applicable rules and regulations (such as the arbitration rules which
would be applicable in a given dispute).
10
This subject has provoked a flurry of publication activity. See Cook, Garcia (supra
note 3), p 49 seq.; for Singapore, see the AIPPI report of Lawrence Boo, Arbitrability
of Intellectual Property Disputes (available at: https://www.aippi.org/download/
reports/forum/forum07/12/ForumSession12_Presentation_Lawrence_Boo.pdf; for a
comparative analysis, see Bernard Hanotiau, “L’arbitrabilité des litiges de propriété
intellectuelle”, in Resolution of Intellectual Property Disputes/La résolution de litiges de
propriété intellectuelle (Jacques de Werra ed, vol 3 of the book collection www.pi-ip.
ch), (Geneva 2010) p 155 seq; Julian D.M. Lew, “Final Report on Intellectual Property
Disputes and Arbitration”, (1998) 9 The ICC International Court of Arbitration Bulletin,
No 1 pp 37-95; M.A. Smith, M. Cousté, T. Hield, R. Jarvis, M. Kochupillai, B.
Leon, J.C. Rasser, M. Sakamoto, A. Shaughnessy, J. Branch, “Arbitration of Patent
Infringement and Validity Issues Worldwide”, (2006) 19 Harvard Journal of Law and
Technology, No 2 p 299 seq.
11
See the detailed comparative overview by Hanotiau (supra note 10), p 165 seq.; see
also, (from a Singaporean perspective) Boo (supra note 10); see also Ankur Gupta,
“Arbitrability Disputes Concerning Validity and Infringement of IPRs”, Singapore Law
Gazette, April 2010, available at: http://www.lawgazette.com.sg/2010-04/feature2.
htm.
12
The New York Convention generally refers to whether the subject matter is “capable of
settlement by arbitration” (art II(1) and V(2)(a)), whereby this standard is held as not
“entirely clear” (Gary B. Born, International Commercial Arbitration, Vol. I (Wolters
Kluwer, 2009) p 773).
13
This is particularly the case under the liberal Swiss arbitration regime which is regulated
in Chapter XII of the Swiss Act on Private International Law of December 18, 1987
(art 177 para 1).
Feature
14
See s 11 para 1 of the Singapore International Arbitration Act (Cap 143A) pursuant to
which “[a]ny dispute which the parties have agreed to submit to arbitration under an
arbitration agreement may be determined by arbitration unless it is contrary to public
policy to do so” as discussed by Boo (supra note 10).
15
See Anna P. Mantakou, “Arbitrability and Intellectual Property Disputes”, chapter
XIII, Loukas A. Mistelis, Stavros L. Brekoulakis eds, Arbitrability, International &
Comparative Perspectives (Wolters Kluwer, 2009) p 266.
16
USA (for patent law, 35 U.S.C. § 294) and Switzerland: this results from an official
position expressed by the at that time Swiss Office of Intellectual Property (now Swiss
Institute of Intellectual Property) after consultations with the Swiss Department of
Justice in 1975, published in the Swiss Review of Intellectual Property Law in 1976,
RSPI 1976, 36 seq.
17 This issue appears unsettled in Singapore even if the view has been expressed in
the recent literature (see Boo and Gupta, supra notes 10 and 11) that intellectual
property disputes should be arbitrable on the ground that the non-arbitrability
based on public policy should be construed narrowly; the issue of public policy was,
however, recently addressed in Singapore under the perspective of bankruptcy and
arbitrability in the case decided by the Singapore High Court Petroprod Ltd v Larsen
Oil and Gas Pte Ltd, [2010] SGHC 186, on 30 June 2010; for a discussion, see
Nakul Dewan, Bankruptcy and Arbitrability: Public Interest Considerations Must Be
Weighed, available at: http://siac.org.sg/index.php?option=com_content&view=a
rticle&id=311:bankruptcy-a-arbitrability-public-interest-considerations-must-beweighed&catid=56:articles&Itemid=171.
18
For an in-depth discussion and rejection of the public policy arguments allegedly
justifying the non-arbitrability of intellectual property disputes, see Cook, Garcia
(supra note 3) p 62 seq.
19
See for instance the clause suggested as Appendix E of the ICC Final Report on
Intellectual Property Disputes and Arbitration, published in 9 ICC International Court
of Arbitration Bulletin, No 1 (1998) p 37 seq.
which may arise in connection with a particular legal relationship, that court or those
courts shall have jurisdiction to decide on all contractual and non-contractual
obligations and all other claims arising from that legal relationship unless the
parties express an intent to restrict the court’s jurisdiction” (Emphasis added).
29
See for instance the case MDY Industries v Blizzard Entertainment, 629 F.3d 929 (9th
Cir. 2010); for a discussion of this case, see Robert W. Gomulkiewicz, “Clarifications
and Complications in Enforcing Open Source Software Licenses”, Research Handbook
on Intellectual Property Licensing, Jacques de Werra ed (to be published by Edward
Elgar in 2012) www.ip-licensing.info.
30
See the WIPO standard arbitration clause (http://www.wipo.int/amc/en/mediation/
contract-clauses/clauses.html#4): “Any dispute, controversy or claim arising under,
out of or relating to this contract and any subsequent amendments of this contract,
including, without limitation, its formation, validity, binding effect, interpretation,
performance, breach or termination, as well as non-contractual claims, shall be
referred to and finally determined by arbitration in accordance with the WIPO
Arbitration Rules. [...]” (Emphasis added).
31
The application of mandatory rules being reserved; for a discussion, see Cook,Garcia
(supra note 3), p 89 seq.
32
See Lutzker (supra note 20), at 235; see also Thomas Halket, “Choice of Law in
International Intellectual Property Arbitrations: A Three-Dimensional Chess Game?”,
Contemporary Issues in International Arbitration and Mediation, the Fordham Papers
2008 (Martinus Nijhoff Publishers, 2009) p 227.
33
For a detailed discussion, see Cook, Garcia (supra note 3), p 91 seq; see also Lutzker
(supra note 20), at 235-236, suggesting that “a mechanism should be established for
resolution of these potentially dispositive threshold issues at an early stage of the
proceeding”.
34
See art 50 of the Law of the People’s Republic of China on the Application of Law
for Foreign-related Civil Relations (the Application Law), adopted by the Standing
Committee of the National People’s Congress on 28 October 2010 which has come
into effect on April 1, 2011 (available at: http://asadip.files.wordpress.com/2010/11/
law-of-the-application-of-law-for-foreign-of-china-2010.pdf ) which provides that
“[t]he laws at the locality where protection is claimed shall apply to the liabilities for
tort for intellectual property, the parties concerned may also choose the applicable laws
at the locality of the court by agreement after the tort takes place”.
35
Cook, Garcia (supra note 3), p 130.
36
See eg, the caseload of the WIPO Arbitration and Mediation Center: http://www.
wipo.int/amc/en/center/caseload.html.
37
See as a most recent illustration, the case In re: Qimonda AG, Case No. 09-14766SSM, United States Bankruptcy Court, E.D. of Virginia (October 28, 2011), in
which the administrator of a German bankrupt company offered to the licensees
of such company to renegotiate the license agreements potentially by recourse to
arbitration under the WIPO rules (the decision reports indeed that he “has filed
pleadings committing to re-licensing Qimonda’s patent portfolio at a reasonable and
non-discriminatory (“RAND”) royalty to be determined if possible though good
faith negotiations, otherwise through arbitration under the auspices of the World
Intellectual Property Organization”).
38
See the example of France (supra note 7) as well as the recent launch of an intellectual
property arbitration program by the Philippine Intellectual Property Office
(“IPOPHL”) and the Philippine Dispute Resolution Center, Inc. (“PDRCI”) (http://
www.pdrci.org/ipo-launches-ip-arbitration-with-pdrci/).
39
See Boo (supra note 10) enumerating recent international intellectual property cases
handled by the Singapore International Arbitration Center (SIAC); as confirmed by
the recent opening of an office of the WIPO Arbitration and Mediation Center at
Maxwell Chambers, see Gupta (supra note 11).
20 See Joel E. Lutzker, “International Arbitration of Intellectual Property Validity”,
Contemporary Issues in International Arbitration and Mediation, the Fordham Papers
2008 (Martinus Nijhoff Publishers, 2009) p 227 seq.at 232 and at 238.
21
Cook, Garcia (supra note 3) p 76; see also, from a Singaporean perspective, Boo (supra
note 10).
22
Paul Szuts, Magda Szuts v Dean Witter Reynolds, Inc., 931 F.2d 830 (11th Cir. 1991).
23
See, by way of example, Simula Inc. v Autoliv Inc. (175 F.3d 716, 9th Cir. 1999).
24
Art 5 para 1 lit. C of the New York Convention.
25 P. Friedland, Arbitration Clauses for International Contracts, (New York, 2000) p
47: “An arbitration clause that provides ambiguously for arbitration of a set of disputes
that is less than the universe of disputes arising out of or in connection with the
contract is an invitation to litigation about the scope of the arbitrators’ jurisdiction”.
26
See for instance, the interpretation of the scope of the relevant arbitration clause which
was made in Rhône-Poulenc Spécialités Chimiques v Scm Corporation, 769 F2d 1569
(Fed. Cir. 1985); see also Federal-Mogul Corp. and Felt Products MFG. Co. v Elrigklinger
AG, Civ. No. 01-5797 (HAA), Nov. 1, 2004 (Dist. New Jersey).
27
A similar issue arises with respect to the drafting of choice of jurisdiction clauses,
see A. Peukert, Contractual Jurisdiction Clauses and Intellectual Property, in Intellectual
Property and Private International Law – Heading for the Future, IIC Studies in Industrial
Property and Copyright Law, J. Drexl, A. Kur (eds)(2005) at 51.
28
This approach is also adopted with respect to choice of Court agreements, see art 2:301
para 1 of the CLIP Principles (supra note 1): “If the parties have agreed that a court or
the courts of a State are to have jurisdiction to settle any disputes which have arisen or
Feature
In this article, the importance of IP, IPRs and trademark is firstly introduced. Then,
international and regional efforts towards IPRs are presented in brief. After that,
Myanmar’s current status of IPRs, the role of trademarks, the trademark registration
system of Myanmar and settlement on infringement cases are mentioned. The
article is concluded with an expectation for promulgating IP Laws in compliance
with current international legal norms and principles in every aspect while keeping
yet its own characteristics of Myanmar’s legal system.
The Role of Trademarks in Myanmar:
A Glance at the Trademark Registration System
of Myanmar
Introduction
In this highly competitive era, Intellectual Property (“IP”)
becomes one of the engines that influences and drives the
national economy. Being one of the commercial ironies, legal
monopoly characterizing ownership of Intellectual Property
is typically a statutory right in the commercial practices.
Intellectual Property Rights (“IPRs”) such as copyright
and related rights, trademarks, geographical indications,
patents, layout-designs of integrated circuits and industrial
designs are protected. The protection of IPRs is meant for
the following purposes:
1. To encourage and reward creative works;
2. To provide incentive for technological innovations;
3. To stimulate and ensure fair competition among
producers;
4. To protect consumers by enabling them to make
informed choices between various goods and services;
and
5. To facilitate the transfer of technology in the form of
foreign direct investment, joint ventures and licensing.
Under art 15.1 of the Trade Related Aspects of Intellectual
Property Rights (“TRIPS”) Agreement of the World Trade
Organization (“WTO”), “trademark” is defined as “any sign,
or any combination of signs, capable of distinguishing the
goods and services of one ‘undertaking’ from those of other
undertakings must be eligible for trademark protection”.
These signs could be words including personal names,
letters, numerals, figurative elements and combination of
colors as well as any combination of signs. There is no
limitation on the type of signs that can constitute trademarks.
The emphasis is on distinctiveness. While typically most
trademarks are word marks or logos, there have also been
registrations of shapes and colors and some countries
have allowed the registration of sounds and, more recently,
smells.
Furthermore, art 16.1 of the TRIPS Agreement provides
that “the owner of a registered trademark shall have the
exclusive right to prevent all third parties not having the
owner’s consent from using in the course of trade identical
or similar signs for goods or services identical or similar to
these in respect of which the trademark is registered where
such use would result in a likelihood of confusion”.
The trademark registration system is necessary to protect
producers from unfair competition from other producers
seeking to free ride on the goodwill earned by the trademark
owner. Trademarks, therefore, help consumers to reliably
identify and purchase a product or service which they prefer
because of its nature, quality or other characteristic that
consumers have come to expect on the basis of previous
purchases or advertising. Hence, trademarks protect an
undertaking as well as the consumers against confusion
and deceptive practices.
International and Regional Efforts towards IPRs
With the goal to reduce distortions and impediments to
international trade, to promote effective and adequate
Feature
protection of IPRs, and to ensure that measures and
procedures to enforce IPRs do not themselves become
barriers to legitimate trade, the Agreement on TRIPS
becomes an Annex 1 C of the WTO Agreement of 15 April
1994, which is entered into force on 1 January 1995.1
The TRIPS Agreement is an integral Part of the WTO
Agreement,2 and is binding on each member of the WTO
from the date the WTO Agreement becomes effective for
it. However, it gave original members transitional periods
which differ according to their stages of development, to
bring themselves into compliance with its rules.
To facilitate the implementation of the TRIPS Agreement, the
WTO concluded with WIPO an agreement (“Agreement”)
on co-operation between the two organisations in 1994,
which came into force on 1 January 1996. The Agreement
provides for co-operation in three main areas, namely: (i)
notification of, access to and translation of national laws
and regulations; (ii) implementation of procedures for
the protection of national emblems; and (iii) technical cooperation.
Similarly, the Association of Southeast Asian Nations
(“ASEAN”) is fully aware of the crucial role of IP and
IPRs in social, economic and technological progress, and
hence in broad-based development and poverty reduction
within the region. The ASEAN Framework Agreement on
Intellectual Property Cooperation was signed in Thailand on
15 December 1995 and the ASEAN IPR Action Plan 20042010 was designed to build on the progress which has been
achieved in collaboration among ASEAN governments,
ASEAN dialogue partner countries and institutions, and civil
society organisations.
There are several successful outcomes. One of these
outcomes is that the Experts Group on Trademark has
finalized the ASEAN Filing Form for Trademarks and the
Notes for the Completion of the Application.3 Despite its
inherent complexities, member countries have continued
their efforts in the harmonization of the trademark filing
requirements. This is a process of significant importance
towards the establishment of a regional filing system.
Member countries have also made substantive progress
in ensuring the conformance of their IP legislations to the
TRIPS Agreement. Concerted efforts have also been made
to better monitor, enforce and prosecute IPR infringements.
ASEAN continues its active co-operation in the IP sector
with the Dialogue Partners, donor countries and agencies
and private sector organisations.4
Current Status of IPRs in Myanmar
The legal system of Myanmar is a unique one because it
is based on the Common Law Legal System and various
customary laws of the land. Several Laws were enacted
during the colonial period in the early 19th century, including
the Copyright Act and Myanmar Patents and Design
(Emergency Provision Act) for the protection of IPRs.
At present, among the existing relevant laws that can be
enforced on IPRs are the laws dealing with both criminal
and civil action which are as follows:
•
The Code of Civil Procedure (1808)
•
The Myanmar Penal Code of 1860 (Indian Act XLV.
1860)
•
The Myanmar Merchandise Marks Act (1889)
•
The Code of Criminal Procedure (1898)
•
The Registration Act No. 16 of 1908 on basic registration
system for trade marks (1908)
•
The Copyright Act of 1911 (1914)
•
The Land Customs Act (1924)
•
The Specific Relief Act 1877, as last amended up to Act
No. 3 of 1954 (1958)
•
The Sea Customs Act No. 8 of 1878, as amended up to
Act 1962 (1962)
•
The National Drug Law No. 7 of October 30, 1992
(1992)
•
Science and Technology Development Law No. 5 of
June 7, 1994 (1994)
•
The Computer Science Development Law No. 10 of
September 20, 1996 (1996)
•
The Traditional Drug Law No. 7 of July 7, 1996 (1996)
•
The Television and Video Law No. 8 of 1996 (1996)
•
The National Food Law, No. 5 of March 3, 1997 (1997)
•
The Protection and Preservation of Cultural Heritage
Regions Law No. 9 of September 10, 1998 (1998)
•
Electronic Transactions Laws (2004)
The Republic of the Union of Myanmar, being a founding
member of the WTO, became an ipso facto member of
the TRIPS Agreement. Likewise, Myanmar is a Member
Feature
of WIPO and ASEAN. Being a member state, Myanmar is
now endeavoring in drafting IP Laws in accordance with the
TRIPS Agreement by the Office of the Attorney-General with
the co-operation of the ministries concerned and experts
from various sectors and thus, the new IPRs Laws will be
promulgated in the near future. It is also a transition period
to set up IP Offices in Myanmar.
Under the WIPO and WTO Joint Initiative on Technical
Cooperation for Least-Developed Countries,5 WIPO not
only offered Myanmar IP Lawyers passage to Geneva for
discussion on the IP related laws but also sent an expert
mission for IP legislative advices on the drafted Myanmar IP
laws. To date, six IP related Seminars were already held in
Myanmar as follows:
1. WIPO National Seminar on Trademark and Franchising
(March 2011).
2. WIPO National Seminar on Intellectual Property (May
2010).
3. WIPO National Seminar on the Role of the Copyright
System in Promoting the Publishing Industry (Sep 1 to
Sep 3, 2008).
4. National Seminar on Copyright and Related Rights in
the Creative Industries (May 16 to May 17, 2006).
5. WIPO National Workshop on the Implementation of the
Agreement on Trade-Related Aspects of Intellectual
Property Rights (the TRIPS Agreement) (Jun 28 to Jun
29, 2004).
6. WIPO National Seminar on Intellectual Property (Oct 22
to Oct 23, 1997).
The Role of Trademarks in Myanmar
It can be said that there is still neither particular statute
nor law on trademark nor specific provision regarding
registration of trademark in Myanmar today. However,
the Penal Code6 defines trademark as “A mark used for
denoting that goods are the manufacture on merchandise
of a particular person”. Likewise, the Private Industrial
Enterprise Law provides that “the business is not allowed to
distribute or sell his goods without trademark”. Trademarks
may be registered under the s 18(f) of the Registration Act,
by means of a declaration of each trade mark but trademark
registration is not compulsory.
Although the mere fact of registration is not conclusive
proof of the ownership or user of the trademark, it may be
prima-facie evidence of ownership or user and the ability
to produce a registered document may be of some help
in a criminal or civil proceeding. The term “prior in use”
prevails the registration status according to the case Law of
Myanmar. Therefore, in order to obtain exclusive right of the
trademark owner and protect their trademark rights, specific
trademark registration system is needed in practice as one
of the current issues in Myanmar.
The Trademark Registration System of Myanmar
A trademark or service mark can be registered at the
Township Offices of the Settlements and Land Records
Department under the Ministry of Agriculture and Irrigation
throughout Myanmar. Generally, it is based on the place of
origin of a product. For example, if a product is produced
in Thanlyin Township of Yangon Region, trademark
registration should be taken place at Thanlyin Township
Office of Yangon Region. However, in such a case that this
trademark owner registers a trademark in another township,
the Registry Officer shall make an enquiry to the place of
origin of that product in order to make sure that there is no
objection on this trademark registration and is not used for
counterfeiting activities.
For an applicant to be eligible to apply for a trademark
or service mark, the applicant must satisfy the following
requirements: an applicant and/or agent should be a
Myanmar nationality; an applicant must be an inventor or
a juridical person with contact address within the
Republic of the Union of Myanmar; and foreign
trademark owners can also apply through its Myanmar
agent. Therefore, a foreign trademark owner must appoint
an agent to act on behalf of him by means of a Special
Power of Attorney.
The documents that are to be submitted for filing an
application for the trademark registration are the:
1.Declaration of Ownership of Trademark (“DOT”)
executed by the applicant (for new trademark); and
2. any Declaration which was previously registered in
Myanmar prior to this registration.
These documents must be attached with copies of
Special Power of Attorney executed by the applicant.
The registration process can take place from one day (if
documents are in order) to a month (if there are additional
requirements). The declaration shall contain the name of
the company, individual or firm represented in a special
or particular manner and the signature of the applicant for
registration. A trademark should have one or more created
words and may be registered in respect of particular goods
or classes of goods.
Registry officers can refuse the application for registration
if the mark is likely to be objectionable on moral or legal
Feature
grounds, or likely to hurt the religious susceptibilities of any
class of citizens of Myanmar. Application for registration
should also be refused where, for example, if the document
is used as an instrument of fraud or is obscure. Imitation of
a currency note should also be refused for registration.
1. By re-registration once every three years after first
registration; or
The Registration is usually followed by an advertisement
or announcement in the daily newspaper, usually stating
that any fraudulent limitation or unauthorised use of or
infringement of the said trademark shall be dealt with
accordingly.
3. By the way of both re-registration and re-publication
aiming at preventing against the possible infringers
and showing his constant interest upon the mark.
2. By republication once every three years after first
publication; or
Besides, if there were any material changes such as
proprietor’s name, device, address or covered goods or
services to the registered mark, it used to be registered as
a fresh trademark
.
Trademark search is a preliminary status of the trademark
registration process. In Myanmar, however, an official
trademark search facility has not been established yet.
The proposed trademark owner conducts a private search,
mostly in newspapers. Assignment of the trademark rights
from original proprietor as an assignment to another person
as an assignee could be lawfully done under s 18 (d) of the
Registration Act.
Settlement on Infringement Cases
There are isolated provisions in various statutes, which are
related to trademark. Currently, IPRs infringement cases are
handled by the Township/District/State or Regional Courts
and the Supreme Court. Disputations are amicably solved
by negotiations or conciliations and with the intervention of
a third party which may sometimes take place.
Under the Specific Relief Act, any person entitled to any
rights as to any property, including intellectual property, may
institute a suit against any person denying, or interested to
deny, his title to such right. The Court may in its discretion
make therein, a declaration that he is so entitled. In addition,
the plaintiff, under the said Act, may also claim a decree for
a perpetual injunction.
Figure 1: An Example of Cautionary Notice
(in English)
Validity period of trademark registration is not prescribed
by existing Myanmar laws. However, as per current wellestablished practice, a trademark is to be renewed in
one of these three options:
An action for infringement of the trademark is maintained
by means of a civil suit under the “Specific Relief Act”
that authorises the Court of Law to grant a perpetual
injunction against the infringer. In addition to the civil
litigation, counterfeiting a trademark and selling goods with
counterfeit trademark are punishable criminal action under
the Penal Code. Punishments range from fine to three
years imprisonment added with a court order of seizure
and destruction of infringing articles and goods. Further, the
Penal Code enforcement actions of trademark infringement
cases are handled by the Myanmar Merchandise Act and the
Sea Customs Act respectively. The Myanmar Merchandise
Marks Act supplements relevant provision in the Penal
Code which prescribes penalty for applying a false trade
Feature
description. In particular, penalties for selling goods to
which a false trade description is applied and unintentional
contravention of the law relating to marks and descriptions
are prescribed in ss 7 and 8, respectively. Section 15 of
the said Act provides that no prosecution shall commence
after the expiration of three years next after the commission
of the offence, or one year after the first discovery thereof
by the prosecutor, whichever expiration first happens. The
“Sea Customs Act” prohibits export or import by land or sea
of goods having applied a counterfeit trademark.
► Shwe Zin Ko
Directorate of Trade
Ministry of Commerce
Myanmar
E-mail: shiroiyurn@gmail.com
References
1
Agreement on Trade-related Aspects of Intellectual Property Rights. Annex 1 C.
Retrieved August 24, 2011, from http://www.wto.org/english/docs_e/legal_e/legal_e.
htm#TRIPs
2
Hairani Saban Hardjoe. Class lectures of Intellectual Property – Systems, Governance &
Management. 13-17 June 2011. Yangon, Myanmar
3
Kyay Hmone Daily Newspaper.
4
Professor Kyi Thwin, Ministry of Science and Technology. Retrieved August 24 2011,
from
http://www.wipo.int/edocs/mdocs/aspac/en/wipo_inn_tyo_09/wipo_inn_
tyo_09_ref_myanmar.pdf
5
The Association of Southeast Asian Nations. Retrieved August 24 2011, from http://
www.asean.org/19084.htm
6
World Intellectual Property Organization. Retrieved August 23 2011, from http://
www.wipo.int/treaties/en/Remarks.jsp?cnty_id=111C
Conclusion
7
www.wipo.int/wipolex/en/details.jsp?id=6180
The legal environment plays a crucial role on a macro
level for the implementation of the TRIPS Agreement and
protection of IPRs. In the developing and least-developed
countries, it is generally not easy in practice to implement
the minimum standards of the TRIPS Agreement in the
national legislation. In this regard, experience and expertise
as well as technical assistance are essential. As a signatory
member of International Agreements and Treatises,
Myanmar needs to enhance its IP regime by promulgating
and implementing the IP Laws in accordance with the TRIPS
Agreement to develop national economy and then, comply
with the transparency obligation by notifying its laws and
regulations according to art 63.2 of the TRIPS Agreement.
At the same time, it is important to subject these laws, rules
and regulations for periodic review in order to improve and
align them in accordance with the needs of Myanmar in a
rapidly changing global trend.
8
www.wipo.int/wipolex/en/details.jsp?id=6176
9
World Trade Organization. Course Modules of trade-related aspects of intellectual
property rights.
In the settlement of disputes relating to IP infringements,
the Civil Procedure Code plays an important role in
Myanmar. Under the said Code, there are some effective
procedures for the right decision and speedy disposal of
the suits. Under the Civil Procedure Code, every allegation
of fact in the plaint, if it is not denied specifically or by
necessary implication, or stated not to be admitted, in the
written statement of the defendant, shall be deemed to be
admitted, except as against a person under disability.
With a longer transition period for LDCs, Myanmar should
take this opportunity to enhance technical co-operation,
capacity building and education for its competent authorities
through the co-operation of developed country members,
international organisations such as the WTO, WIPO and
regional organisations such as ASEAN.
Finally, with the provision of the technical and logistical
assistance from the WTO, WIPO and other relevant
international and regional organisations in the drafting
process of IP legislative instrument, it is expected that IP
laws would be promulgated soon in compliance with current
international legal norms and principles in every aspect
while keeping yet its own characteristics of Myanmar’s legal
system.
Notes
1
First, the TRIPS Agreement sets the standards by requiring compliance with the
substantive obligations of the main conventions of the WIPO, the Paris Convention
and the Berne Convention in their most recent versions. With the exception of
the provisions of the Berne Convention on moral rights, all the main substantive
provisions of these two conventions are incorporated by reference and thus come
obligations under the TRIPS Agreement between members.
2
Part I of the TRPS Agreement sets out general provisions and basic principles of the
Agreement, such as national treatment and most-favoured-nation treatment, and
exhaustion of IPRs. Part II of the Agreement sets out the minimum standards of
intellectual property protection to be provided by each Member. It covers trademarks
including service marks. Part III of this Agreement deals with domestic procedures
and remedies for the enforcement of IPRs. Part IV of the Agreement contains general
rules on procedures related to the acquisition and maintenance of IPRs. Part V of the
Agreement deals with dispute prevention and settlement. Part VI of the Agreement
contains provisions on transitional periods, transfer of technology and technical cooperation. Part VII deals with institutional arrangements and certain cross-cutting
matters such as the protection of existing subject matter.
3
Including list of ethnic goods and services, represent important steps forward in the
regional co-operation in IP. These achievements, together with the completed ASEAN
Common Form and the consolidated ASEAN.
4
Including the ASEAN Intellectual Property Association, the International Trademark
Association, Office for Harmonization in the Internal Market (“OHIM”), WIPO,
Australia, EU, and Japan Patent Office.
5
The WIPO and WTO Joint Initiative on Technical Cooperation for Least-Developed
Countries was launched in 2001 with the aim of helping LDC Members of the WTO
comply with their obligations under the TRIPS Agreement and make best use of the
intellectual property system for their economic, social and cultural development. It is
open to other LDCs as well.
6
The Penal Code of Myanmar also known as Indian Penal Code (Act XLV. 1860,
published on 1st May 1861) because the 1860 Indian Penal Code was inherited in
Myanmar when Myanmar was part of India.
Columns
Pro Bono Publico
Writing an Emotional Will – Lessons on Living
in Reverse
For most, the belief that there is still time to see familiar
faces later in the day, tonight, tomorrow or next week is an
unconscious and habitual practice – nothing wrong with
that. We always look forward to meeting more of our own
favourite people, not thinking that we or they may depart
from this world before we can see them again.
We all know that death and dying are a part of life. We
go about our daily lives knowing that at some point, it
will happen. The departure may be swift and sudden; a
deliberate and pre-determined date; or a gradual decline of
health and old age. Who will come to my funeral and what
will they say of me? Will my parting leave behind questions
unanswered, messages undelivered? What value has my
existence been to the people in my life?
These questions have recently become more real to me ever
since my 70-year-old grandmother fell ill. Having survived a
stroke several years ago, her physical dexterity and mental
faculties have been less than sharp. I have lived with her
for some time to witness this decline and the experience
is shocking, painful and heartbreaking. She is no longer
the strong and independent woman I knew her to be. In
my presence, in my hands, she was weak and incapable of
carrying herself up. I dared not keep her out of sight fearing
that she would fall and hurt herself if I did.
The same week my grandmother fell ill, I was invited to
a Rose Party organised by the Lien Foundation. It was
a session that introduced the concept of emotional will
writing. This was unlike the writing of a legal will, which
would require a full list of one’s assets.
We are all familiar with legal wills – leaving one’s house or
money to those who matter. A legal will involves material
and tangible items that are of value, is legally binding and
has legal implications. An emotional will, however, is not a
legal document and is not meant to have any legal effect on
one’s estate. Instead, it expresses a person’s message of
love and his or her values to share. This can be in the form
of a voice or video recording, or a written letter to specific
persons. In an object, it embodies or represents a person’s
message of love, endearment, memories and important
lessons learnt. An emotional will also provides closure and
allows the person to leave with dignity.
I attended the Rose Party on a rainy Saturday afternoon
at The Coffee Connoisseur. Ten of us had come to be
introduced to the concept of an emotional will.
The event involved a unique exercise of writing precious
and intimate memories, thoughts and messages which one
wishes to convey to surviving loved ones. Some attendees
chose to write to their spouses, children or friends, and some
were invited to share their message or their experience in
the exercise. It allowed me to stop and “smell the roses”
and think about the legacy I want to leave behind. I shared
between tears and a lump in my throat my message of
immense gratitude to my grandmother for her unconditional
love.
Mr Simon Tan, a lawyer from Attorneys Inc LLC gamefully
shared his emotional will which was beautiful and eloquently
written. Mr Shashi Nathan, another lawyer, spoke about
his friend “C”, whose words of encouragement helped him
embrace life. Mr Nathan once found his own life hanging
on a thread when his health took a turn for the worse. He
shared that if “C” had not urged him to hold on, he would
have given up.
Everyone knows that death is inevitable, but not everyone
is ready to talk about it. Speaking about death is taboo in
many cultures and sometimes we are just too caught up
with the business of our lives that we don’t stop to really
think about death and dying.
The Lien Foundation seeks to de-stigmatise death and
dying by spurring “die-logues” amongst attendees. The
Rose Party is one of its many “Life before Death” initiatives.
The Foundation’s model of radical philanthropy focuses on
innovative solutions, convenes strategic partnerships and
catalyses action on social and environmental challenges.
For the community, it addresses crucial needs and
empowers individuals to reach their full potential.
Death is so closely linked to life. And it is impossible to
have a separate discussion about death without so much
as acknowledging life. This was apparent at the Rose Party
when writing the parting message allowed participants to
reminisce and celebrate life.
Columns
Pro Bono Publico
And unless I am Ebenezer Scrooge, life has no real intrinsic
value if there is no love, authenticity and warmth in my
approach to relationships and people.
The purpose of the Rose Party was to talk about emotional
wills. Its context involved death. At a deeper level, I think,
what the Rose Party created for me was to see what
possibilities I could create for myself now as I journey in
life towards the inevitable - closer family ties or a deeper
and intimate connection with loved ones. I do not speak
for everyone, but I am certain that when I die, I want my
family with me. And if I do not have the chance to speak
with them personally, I would want my emotional will to be
read to them.
I do not know how my emotional will would look or sound
like. But I trust that when the time comes, there will be no
hesitation in what I would like to share. It will be filled with
love and gratitude. It will forgive, seek forgiveness and it will
celebrate a life well lived.
► Lilyana Gan
Pro Bono Services Office
This is my last will and testament:
I wish to bequeath all my goodwill and love to those
people who have crossed my path in my transcient
life and made it memorable. It is heartwrenching to
have to leave you.
I wish to remove the stones and boulders that have
stood in my way to personal fulfillment by collecting
them, one by one, as lessons of my life. My hope is that
these lessons would make it easier to reduce the load of
those after me who have to walk the same path and go
through the school of hard knocks. This litany of life’s
lessons so painfully collected and documented would
hopefully be a useful lexicon of good living and it is
appended for the reading pleasure of all who wish to
read my story. In carrying my heavy load, I have become acutely aware
that I have erred in not realising how heavy the stones
and boulders have now become at this late stage of my
life. I wish that I could have resiled from my ways and
undertaken this journey to be a better person when I
was younger and stronger so that the load is easier to
bear.
I wish my trustee to liquidate and give all my worldly
treasures to those who are in need of the basic
necessities of life. While that may not be enough to
nourish and sustain all, I hope that it would be enough
for the rest of us to wake up and do the same so as to
ensure a more equitable distribution of wealth for the
impoverished and poor.
As for the song to be played at my funeral, Cool Night
by Paul Davis (circa 1981) springs to mind. It evokes a
feeling of nostalgia for a time when so much could be
done but not done sooner.
As I leave this world, I ask for peace and love. For love
is the universal command that eliminates all problems
in life. With love, all else is possible and nothing is
impossible.
With regard to my body, I want it to be cremated and
my ashes left anonymously buried in Niseko, Japan,
a country driven with disaster and bad fortune but
whose people have demonstrated so much character
and fortitude in adversity. I am one with the people in
showing that we can live without fear of what danger
lurks round the corner.
Finally, to all my friends, I am sorry for not having said
this early and sooner enough. I love you with all my
heart and mind and soul. I will watch over you and take
care of you. If there is a chance, let me do this good turn
for the world by the drafting of this my will so that my
soul can be saved from eternal damnation.
Simon Tan
Signed before two attesting witnesses: God and My
Conscience
Lifestyle
Alter Ego
The Singapore
Happiness Index
The Bhutanese Gross National Happiness was
one of the highlights in our Parliament sessions in
2011. Member of Parliament, Sylvia Lim urged the
Government to focus on “happiness” found in our
national pledge. Minister for National Development
Khaw Boon Wan replied that Bhutan is not a
Shangri-La and that he had personally witnessed
unhappy Bhutanese during his visit. His speech
in Parliament reiterated that the other words,
“progress” and “prosperity” in our pledge were important for
Singapore’s growth.
This spurred many discussions and a call for a happiness
index in Singapore. Bhutan’s resolution in the United
Nations Assembly, “Happiness: Towards a holistic approach
to development” was sponsored by 66 nations, Singapore
being one of them. It was adopted by the United Nations
without a vote in July 2011. MP Sylvia Lim then asked
Parliament what has been done to carry out the resolution
and whether we are going to have our own national index of
happiness and well-being.
The discussion begets the question what happiness means
to us in Singapore. For most of us, material comforts
and benefits seem to make us happy. In Singapore, the
acquisition of material possessions is often equated with
happiness. If this is correct, then happiness is one endless
journey of acquisition. Looking around me, I can only
see one group of happy people – the retailers. If material
acquisitions make a person happy, albeit temporarily, why
not?
Happiness is a subjective notion and has different
meanings to each of us at different phases of our life. For
some, it could be a good job with good pay, good working
environment and good working hours giving them sufficient
time for family and personal pursuits. Good health and an
opportunity to not have to work could also be a source of
happiness. Fulfillment of urgent needs or wishes such as a
secure job, good pay increments or the birth of a child could
make others happy.
If happiness is subjective, then is it the duty of the State
to make its citizens happy? Should we subrogate our
fundamental liberty to be happy to the State? We have the
personal power to make ourselves happy or not. If we are
not happy, we may have to do some soul searching to find
Lifestyle
Alter Ego
the answer to our happiness. I remember a schoolmate who
was not happy with her life. As friends, we tried to help her
but failed. When I met her recently, I observed that she had
found some form of happiness and contentment in her life.
During my visits to Bangkok, I have been fascinated by one
thing – the happiness and lighthearted attitude the Thais
show towards life. Their “mai pen rai” (no worries) attitude
is refreshing. Despite living in a country which is not
economically prosperous, the Thais seem very happy.
When I asked NTU Professor Nattavudh Powdthavee
and author of popular economics book, The Happiness
Equation: The Surprising Economics Of Our Most
Valuable Asset the reason for such happiness, he smiled
and said that it could be happiness created by tourism. I
would think that people who have lesser possessions and
lower expectations are happier.
Recently, my wife, after receiving some expensive gifts from
me, turned to me and said, “These things do not make me
really happy.” When I asked my nine-year-old niece for her
wish list for a year-end present, she posed me a question
in return: “What do you think I would like?” Further probing
led to further vague responses, “Just buy me what you
like.” Although I rolled my eyes in exasperation, one thing
became clear to me. I have to find out what makes my loved
ones happy. If I can do or be what makes them happy, that
is the best happiness I can give them.
One of the many Christmas cards that I received last month
was from an 11-year-old boy. I had helped his father to obtain
a relocation order for him to live and study in Australia. I had
no idea how much happiness the court order had brought
him until I read his words of happiness in the card. He
shared about his academic progress and personal growth.
The rest of the phrase “to achieve happiness, prosperity
and progress” in our country’s pledge seems to suggest
that happiness is an important ingredient for us to create
prosperity and progress in our lives.
During one phase of my life, I spent a lot of time in the
pursuit of happiness. I now think that self-contentment is
more important than happiness. Creating happiness for the
people around me makes me very happy.
Let’s be happy and make everyone happy in 2012.
► Rajan Chettiar
Rajan Chettiar & Co
E-mail: rajan@rajanchettiar.com
Lifestyle
Travel
La Flora Resort, Patong
Patong Beach
I have always wondered what it would be like to wake up in
the morning and jump straight into a hotel swimming pool.
Not just any ordinary pool. A private pool, no less.
So there I was, at a pool villa in Patong, Phuket, standing
next to a private pool and ready to jump in. Somehow I
hesitated – the morning was quite cold after the torrential
rain the night before. But it wasn’t the temperature that
held me back. It was the leaves. There were so many
leaves floating on the surface of the water (no thanks to
the torrential rain) as if they were trying to deter me from
entering the pool. I stood there for a while wondering if
I should clear the leaves before jumping in. In the end, I
did so and the romantic notion of swimming leisurely in a
private pool early in the morning was crushed, by my very
own hands.
The pool villa in question belongs to a resort located
conveniently along Patong beach in Patong town, named
La Flora Resort.
When my wife and I decided to take a holiday in Phuket, we
took the opportunity to fulfill one of my dreams, which was
to stay in a pool villa. The search for the perfect pool villa,
however, wasn’t as easy as we had expected it to be. Most
hotels with pool villas in Phuket are either located far from
town or at some extremely remote location, I suppose, to
give them a sense of exclusivity and seclusion. So imagine
our surprise and delight when we finally found La Flora
Resort Patong, which is a member of the Small Luxury
Hotels of the World.
The convenient location of the resort within walking distance
to the beach and Patong’s shopping and partying district is
such a rarity. I had to Google and read all the online reviews
to make doubly sure that the resort is where it says it was
– literally sitting on pristine white sands, and so incredibly
close to Bangla Road – the most happening street in Patong.
Most beach resorts in Phuket can boast that they are close
to the beach. None, however, can lay claim to the fact that it
is sitting right next to the beach with an open back door that
leads directly onto the beach.
While La Flora Resort Patong only opened in 2008, the
brand name of La Flora has unfortunately been forever
linked to a royal tragedy. The late Khun Poom Jensen,
Lifestyle
Travel
The 1.5m deep private pool, adjacent to the beach
The facade of the hotel
grandson of the King of Thailand, was killed in the 2004
tsunami when he and his family were vacationing at the La
Flora Resort hotel in Khao Lak. Patong beach was also hit
hard by the tsunami but La Flora Patong fortunately only
commenced business four years after the tragedy.
The resort itself is by no means big. It has only 67 rooms,
suites and pool villas. Then again, for a boutique resort, it
is meant to be small. But to label it as small does not do
it justice either. For amenities, the resort offers a spa, two
parallel lap swimming pools, two restaurants, a library, a
fitness centre and even a business centre.
Upon checking-in, we learnt that our room had been
upgraded as we had made the booking under the partnership
between the Law Society and the Small Luxury Hotels of
the World (see box below). We were offered the biggest
pool villa available - the Beachfront Grand Pool Villa. With
a space of about 159 square metres, a generous dining
area adjacent to the private pool and a huge bathtub, it so
overwhelmed us that for a while, we didn’t quite know what
to do!
beach from our hotel room; bane in that sand from the
beach was constantly blown into our room by the strong
winds. On numerous occasions, I felt like taking a broom to
the floor when I realised I was actually on holiday.
The room itself came with amenities befitting its luxury resort
status – there was the Bose hi-fi system, full DVD system
with 40-inch television, Nespresso machine with complete
range of capsules as well as an expanse of expensive
toiletries.
The private pool, we estimate, was about 1.5 metres deep,
which was a bit steep for a leisure pool. For non-swimmers,
it can be a little intimidating. But hey, no problem, there is
always the huge bathtub in the room which can fit a party of
four easily, with room to spare for a kid or two.
Breakfast comes free at the hotel. Being a coffee person,
I thoroughly enjoyed the coffee. Not just any coffee but
Nespresso (read: real coffee). If coffee is not your cup of
tea, there is also a booth inside the restaurant where you
can order any fresh fruit juice you wish.
The design of the resort is such that it blends into the
neighbourhood and the beach, so there was no ugly fencing
to enclose the villa grounds. Our pool villa literally fronts
the beach but removable timber panels were cleverly and
strategically placed to afford privacy. Security at the resort
was reassuringly tight with security guards patrolling the
grounds around the clock.
Unlike many other hotels or resorts which we have stayed
in, the General Manager of the resort, Mr Sawai Sombat,
made his presence felt throughout our stay, in a nonintrusive yet reassuring way. We found a welcome card in
the room signed off by him when we checked-in and we
also met him at breakfast one morning when he was on his
rounds talking to guests.
Staying so close to the beach is, as we discovered, both
a boon and a bane – boon in that it was mere steps to the
The management and staff of the resort pay much attention
to little details to ensure the comfort of the guests. The
Lifestyle
Travel
Room overlooking the private pool
The main bedroom
aroma of lemongrass soothed our senses every time we
entered our room, thoughtfully scented by the housekeeping
staff. Complimentary umbrellas were placed in the room
for guests without having to ask. There was also a radio
cum alarm clock which could be connected to an iPhone
or iTouch to stream music. Our room had no less than five
double-sockets to charge devices – we could have easily
set up a work station at one of the tables. Wireless internet,
although provided free by the hotel, was a bit too slow to
get any real work done. But then, it is supposed to a beach
resort and guests are not expected to be working (save for
me)!
Like a true luxury resort, they also provide complimentary
turndown services. After a tiring day of partying, shopping
and sightseeing, we came back to the room to find the bed
turned down and ready to sleep in, towels were changed and
small bottles of mineral water placed conveniently at the side
of the bed. The sweetest gesture was the thoughtful note
hanging on the mineral water bottles to remind you to drink a
little before sleeping. Staff at the resort were courteous and
seem to have an uncanny ability to foresee when you need
assistance, yet quietly stay in the background when no help
is needed. But really, with everything already thoughtfully
provided for, we hardly required any assistance.
Overall the price of the resort is a little higher than the hotels
in the same area, but this could easily be attributed to the
prime location and the exceptional service. If you have
been longing to stay in a location where you can party all
night then take a short stroll back to a quiet oasis by the
beach with your own private pool, La Flora Resort Patong
is definitely for you. But do remember to clear the leaves
before you jump into the pool!
► Shawn Toh
Exclusive Privileges from Small Luxury Hotels of
the World™
The Law Society, in partnership with Small Luxury
Hotels of the World (“SLH”), is pleased to offer
members a special partner rate* at participating SLH
properties. Simply visit www.slh.com/lawsocsg to take
advantage of this exclusive rate* with added privileges.
SLH is an unsurpassed collection of over 520 hotels
in more than 70 countries, from cutting-edge design
hotels to palatial 17th century mansions, city centre
sanctuaries to remote private islands, historic
country houses to idyllic resorts. Whatever your
inclination, SLH is guaranteed to have that exclusive
hotel with its own unique character and charm.
This exclusive members’ rate* includes the following
complimentary benefits:
• Continental daily breakfast for two
• Room upgrade (subject to availability at check-in)
• Late check-out at 4pm (subject to availability at
check-in)
* Terms & conditions apply.
Lifestyle
Food
grandma (bless her). It is about roiling emotions at seeing
relatives and friends and at meeting the absence of people
who choose to disappear year after year.
Where else can one find such a potent bittersweet? It is no
wonder we keep going back for more every year.
Char-grilled Wagyu Beef Yu Sheng
There is yusheng with truffle oil, and even yusheng with
foie gras. But they always come with raw fish slices. In
the ultimate twist, Peach Blossoms restaurant offers yu
sheng, without the yu (fish) but with wagyu beef slices, in
a sesame dressing, that boldly edge the golden crackers,
five-spice powder and plum sauce – one of this season’s
most intriguing dishes.
Wan Hao Chinese Restaurant
Collisions in the Mouth
– It’s the New Year Again
If there is a time of flavours colliding, it is during Chinese
New Year dinner. The time when many dishes follow one
after the other in a myriad of tastes. No surprise really, as
this traditional feast is not always a graceful segue from
savour to savour.
The dinner is, first and foremost, symbolism – partaking of
braised prawns and pig’s tongue in a single dish, and eating
sweet sticky nian gao (new year cake) right after one has
dealt with the divinely sticky rubber-like sea cucumber, and
deconstructed the hairy crab.
The restaurant also offers the excellent Baked Lobster
with Sliced Garlic and White Truffle Oil and Double-Boiled
Chicken Broth with Gingko Nuts and Cordycep Flower. The
dish that melts the heart, though, is the Almond-flavoured
Soup with Fish Maw – the ground almond perks up the soup
with its utter freshness and aroma but more importantly, it
sends one soaring on the inside.
To end the meal, the Four Treasures Pastry – Oriental tarts
made with fillings of mixed berries, cashew nut, pineapple
and walnut with lotus paste – are a must. When taken with
tea, the crust of the tart brings out exquisitely the delicacy of
Xiang Pian and the ever-so-mild smokiness of Pu-er.
Peach Blossoms (Marina Mandarin Singapore)
6 Raffles Boulevard Marina Square
Tel: 6845 1000
Two sittings at 5.30pm and 8.30pm for Chinese New Year’s
Eve dinner
These and other dishes are an overt multi-pronged reference
to wealth and fertility and – just so that nothing good ever
slips by – general abundance in its exceeding fullness. The
Chinese spare no effort to catch each and every wisp of
fortune.
Never mind the strangely delightful rumbles in the mouth
– these are just crashes at food intersections. The new
year experience is about improbable mixes of aromas and
textures, and the clutching at prosperity, real or imaginary.
The feast is about meeting loved ones and much-lesserloved ones – and people one does not even remember as
relatives until prodded with a whisper by an all-knowing
Peach Blossoms – Wagyu Beef Yu Sheng
Lifestyle
Food
Pen Cai with Goose Web
Iberico Char Siu / Lapsang Smoked Abalone
At Wan Hao restaurant, roasting the prized Iberico pork the
Chinese way is an ingenious twist – fusing the nutty rosy
taste of the meat with the sweetness of oriental barbeque
sauce. The unique flavour of black Spanish pork comes
from the pig’s diet of wild thyme, rosemary, mushrooms,
and acorns.
The Lapsang-smoked Abalone is too a palate-pleaser –
smoking the abalone with robust lapsang suchong tea
leaves is a compelling combination and gives a fresh vivid
complexity to this shellfish.
The restaurant also serves a very delectable Mushroom
pen cai (or stew pot) – a variety of mushrooms including
oyster mushrooms and abalone mushrooms are braised
with black truffles, sea moss, beancurd sheet and garlic for
a light and focused flavour. This is one of the very best pen
cai ever sampled. Another very agreeable dish to note is the
Prosperous Yu Sheng that comes with foie gras, scallop,
lobster and hamachi.
Man Fu Yuan
Braised Goose Web
The goose web is a prized delicacy in Chinese cuisine. At
Man Fu Yuan restaurant, they offer an excellent version,
either boiled or braised. It is either served on its own (for
which advance orders should be made) or as part of the
ubiquitous pen cai (treasure pot stew) – though in the latter,
the full flavour of the web is a bit lost with all the other
ingredients.
Wan Hao (Marriott Singapore)
320 Orchard Road
Tel: 6831 4615
Three sittings at 5.30pm, 7.30pm and 9.30pm for Chinese
New Year’s Eve dinner
There is also the Whole Suckling Pig (stuffed with glutinous
rice) that is cooked in the best authentic way – it is roasted
as the rice is being cooked inside the pig, which is a difficult
culinary feat. Done in this way, the rice is enriched with the
flavour of the meat and the pork itself is moistened from
being cooked with the rice.
Other unusual dishes include Hot & Sour Soup with Sharks’
Fin, Hakka-style Bean Curd Yu Sheng, and Hashima Egg
Tarts.
Man Fu Yuan (InterContinental Singapore)
80 Middle Road
Tel: 6825 1062
Only one sitting for Chinese New Year’s Eve dinner
Spanish Iberico Char Siu
Lifestyle
Food
Hand Pulled Noodles with Crab Meat in Red Vinegar
I love it when chefs pull off subtle dishes such as Noodles
with Crab Meat in Red Vinegar and let the food do all the
whispering. At Hai Tien Lo restaurant, this is one of the
most refreshingly understated dishes – and appropriately
so. The noodles are soft as silk, and the crab meat flavourful
with the vinegar giving a scented oomph right at the end.
Other notable dishes include Prawn Paste Scallops in Butter
Lemon Sauce (accompanied with foie gras in Chinese
wine), and Steamed Boston Lobster with Dried Oyster in
Mince Garlic.
Hai Tien Lo Restaurant
For sweets, there is the osmanthus-flavoured nian gao
(nicely sticky as the traditional new year cake should be,
unlike modern versions that are more jelly-like in texture),
Double-boiled Herbal Hashima and almond apricot cake.
Hai Tien Lo (Pan Pacific Singapore)
7 Raffles Boulevard
Tel: 6336 8111
Eve dinner
Noodles with Crab Meat in Red Vinegar
Lifestyle
Food
Braised Lobster with Spicy Wok-Fried Fish Noodles
This season, there are some quite extraordinary dishes at
Szechuan Court.
The braised Lobster with Spicy Wok-Fried Fish Noodles is
a harmonious dish – the crustacean is cooked just right,
with noodles made from fish paste and wheat, and a small
serving of glutinous rice. The chilli flakes infused into the
noodles give a spirited jolt to the tasting experience.
The spicy Szechuan pen cai deserves high marks because
of its clarity of taste – something that is hard to say about
the traditional casserole comprising a mish-mash of
ingredients. The chef has, however, sharpened his focus
by braising mushrooms, lotus root, and dried bean curd
in a lobster-based soup, with the pleasant yank of chilli
in its concluding notes. For a braised dish, flavours are
not merged and blended; there are welcome multi-tones
instead – the barely-there crunch of lotus root, and the
textured sponginess of bean curd.
The Stewed Herbal Pig’s Trotters is a roast-and-braise affair
with a fairly thin skin undergirded with melted fat. This is one
of the more difficult dishes in Chinese cuisine – the version
here is aromatic and almost perfect but the salt factor needs
dialing down.
Szechuan Court (Fairmont Singapore)
Level 3, 80 Bras Basah Road
Tel: 6339 7777
Eve dinner. Shark’s fin is not available
► Jeffrey Lee
A Frank Foodnotes Review
Szechuan Spicy Wok-Fried Fish Noodles with Braised Lobster
Szechuan Court (Private Dining Room)
Notices
Professional Moves
New Law Practices
Mr
Chandrayogan
Yogarajah
(formerly of Island Law LLC) has,
with effect from 3 November 2011,
commenced practice under the
name and style of C. Yogarajah at
the following address and contact
numbers:
883 North Bridge Road
#19-05 Southbank
Singapore 198785
Tel: 6292 5838
Fax: 6292 5938
E-mail: Chandran@islandlaw.com.sg
Mr Fong Mun Yung Gregory John
and Mr Fong Chee Yang (both
formerly of Chee & Michael Chong
Partnership) have, with effect from
8 November 2011, commenced
practice under the name and style
of Beston Law LLP at the following
address and contact numbers:
490 Lorong 6 Toa Payoh
#06-12 HDB Hub Biz 3 Lobby 2
Singapore 310490
Tel: 6397 2248
Fax: 6397 2773
E-mail: legal@bestonlaw.com
Ms Angeline Suparto has, with effect
from 15 November 2011, commenced
practice under the name and style of
Angeline Suparto Law Corporation
at the following address and contact
numbers:
80 Raffles Place
#24-20 UOB Plaza
Singapore 048624
Tel: 6223 3638
Fax: 6223 3090
E-mail: as@asuparto.com.sg
Mr Roland Tong has, with effect from
22 November 2011, commenced
practice under the name and style of
Roland Tong at the following address
and contact numbers:
3 Pickering Street
#02-22 Nankin Row
Singapore 048660
Tel: 6225 0219
Fax: 6225 1219
E-mail: rtong.bp@gmail.com
Mdm Janet Tan (formerly of Shook
Lin & Bok LLP) has, with effect from
1 December 2011, commenced
practice under the name and style
of Janet Tan & Co at the following
address and contact numbers:
1 Finlayson Green
#14-02
Singapore 049246
Tel: 6513 3858
Fax: 6512 5452
E-mail: janet@janet-tan.co
Mr Lau Teik Soon (formerly of Lau &
Gur) has, with effect from 1 January
2012, commenced practice under the
name and style of Lau Teik Soon &
Associates at the following address
and contact numbers:
133 New Bridge Road
#17-08 Chinatown Point
Singapore 059413
Tel: 6327 5466
Fax: 6535 5466
E-mail: lauts.assoc@pacific.net.sg
Dissolution of Law Practice
The law practice of Chee & Michael
Chong Partnership dissolved on 8
November 2011.
Outstanding matters of the former law
practice of Chee & Michael Chong
Partnership have, with effect from 8
November 2011, been taken over by:
Beston Law LLP
490 Lorong 6 Toa Payoh
#06-12 HDB Hub Biz 3 Lobby 2
Singapore 310490
Tel: 6397 2248
Fax: 6397 2773
E-mail: legal@bestonlaw.com
The law practice of Angeline
Suparto & Company dissolved on
14 November 2011.
Outstanding matters of the former
law practice of Angeline Suparto &
Company have, with effect from 15
November 2011, been taken over by:
Angeline Suparto Law Corporation
80 Raffles Place
#24-20 UOB Plaza
Singapore 048624
Tel: 6223 3638
Fax: 6223 3090
Change of Law Practice Name
The name of the law practice known
as Yu Sarn Audrey has been changed
to Yusarn Audrey with effect from 16
November 2011. The address and
contact numbers of the firm remain
unchanged.
Closure of Branch Office
Prasanna Devi & Co
301 Serangoon Road
Level 1, Corner Shop
Singapore 218224
(wef 1 November 2011)
Change of Law Practices’
Addresses
CTLC Law Corporation
3 Raffles Place
#06-01 Bharat Building
Singapore 048617
Tel: 6336 8989
Fax: 6323 7678
(wef 19 December 2011)
Hogan Lovells Lee & Lee
50 Collyer Quay
#10-01 OUE Bayfront
Singapore 049321
Tel: 6538 0900
Fax: 6538 7077
Notices
Professional Moves
Lee & Lee
50 Raffles Place
#06-00 Singapore Land Tower
Singapore 046823
Tel: 6220 0666
Fax: 6224 8505
Michael Por Law Corporation
137 Market Street
#13-01
Singapore 048943
Tel: 6221 9065
Fax: 6221 0623
William Chai Sunforester LLC
151 Chin Swee Road
#02-21 Manhattan House
Singapore 169876
Tel: 6533 3698
Fax: 6227 8082
(wef 27 July 2011)
Liew Geok Heok
5001 Beach Road
#03-53 Golden Mile Complex
Singapore 199588
Tel & Fax: 6294 8767
(wef 1 January 2012)
One Legal LLC
6 Shenton Way
#21-08 DBS Building Tower Two
Singapore 068809
Tel: 6720 6788
Fax: 6720 7998
E-mail: general@onelegal.sg
Wong Chai Kin
48-B Smith Street
Singapore 058957
Tel: 6223 0263
Fax: 6223 0176
Surian & Partners
101 Upper Cross Street
#07-02 People’s Park Centre
Singapore 058357
Tel: 6533 1393
Fax: 6533 2161
A Mohamed Hashim
Email: amh.chambers@yahoo.com
Manicka & Co
101 Upper Cross Street
#04-31 People’s Park Centre
Singapore 058357
Tel: 6532 8823
Fax: 6533 0658
LAW GAZETTE
An Official Publication of The Law Society of Singapore | January 2011
Clearing the Bar
on Jurisdiction and Leave to Appeal
Misplaced your copy of the Singapore Law Gazette?
Looking for an article on insolvency published 5 years ago?
No idea where to look?
MICA (P) No. 124/11/2010
R
R
Find it at www.lawgazette.com.sg
Current and archived copies of the Singapore Law Gazette dating back to
year 2000 are avaiable online. A convenient search function allows you to
easily look for articles on various subjects.
Go
online
today and never lose another copy of the Gazette again!
LAW
GAZETTE
An Official Publication of The Law Society of Singapore | March 2011
Former Client Conflicts:
Sword or Shield?
MICA (P) No. 124/11/2010
R
R
Change of E-mail Address
Notices
Information on Wills
Name of Deceased (Sex)
NRIC
Date of Death
Last Known Address
Solicitors/Contact
Person
Reference
Ong Wee San (M)
S0618560F
4 July 2011
25 Jalan Tembah Thomson
Singapore 577496
Hoh Law Corporation
6553 4800
YM/P5739.11/tc
Rajaratnam s/o Ayyakkanu (M)
S2599434E
16 July 2011
Blk 446 Choa Chu Kang Ave 4 M&A Law Corporation
#06-293
6557 6483
Singapore 680446
BS/nn/1035.01/rs
Fu Jat Men @ Fu Yat Men (M)
S0365974G
16 September 2011
61 Ellington Square
Singapore 568964
S Nabham
6224 8900
SN.3730.11.LHV
Trinh Doanh (F)
S8177603B
3 October 2011
Blk 93 Commonwealth Drive
#04-732
Singapore 140093
Patrick Tan LLC
6535 8100
PT/HS/PROB/20110566.
ac
Anthony Muttu s/o Selvam
S0245232D
7 October 2011
Blk 51 Telok Blangah Drive
#13-120
Singapore 100051
Joethy & Co
6535 6000
RJ/lm/596/2011
David Malcolm Braden Beattie (M)
S2711283H
12 October 2011
Blk 212 Loyang Ave
#03-03
Singapore 509064
Joseph Tan Jude Benny
LLP
6220 9388
2011320439MP/KY/wy
Wong Chye Lan (F)
S1348501D
31 October 2011
Blk 109 Rivervale Walk
#09-22
Singapore 540109
Tang Khin Wai & Co
6334 1328
TKW/jw/544/11
John Walter Eynon (M)
S2199978D
6 November 2011
Blk 155 Lorong 1 Toa Payoh
#10-1167
Singapore 310155
Drew & Napier LLC
6535 0733
JLTL/393519
Lee Boon Leong @ Lee Kang Lam (F) 1A Tanglin Hill
S2539279E
Singapore 248019
20 November 2011
Alan Shankar & Lim LLC ALS/10581/1211/d
6538 1044
Lim Soo Cheng (M)
S1184572Z
27 November 2011
Blk 313 Ang Mo Kio Ave 3
#10-2308
Singapore 560313
Hoh Law Corporation
6553 4800
Soh Jit Sheng (M)
S1394912C
30 November 2011
Blk 14 Ghim Moh Road
#07-01
Singapore 270014
Summit Law Corporation 201112152/11
6597 8363
Tan See Choon (M)
S0583079F
7 December 2011
Blk 252 Hougang Ave 3
#11-356
Singapore 530252
Hoh Law Corporation
6553 4800
EC/P5744/11/at
EC/P5755/11/at
To place a notice in this section, please write to the Publications Department at The Law Society of Singapore, 39 South Bridge Road, Singapore 058673, Fax: 6533 5700,
with the deceased’s particulars, a copy of the death certificate and cheque payment of S$85.60 per notice made in favour of ‘LexisNexis‘. All submissions must reach
us by the 5th day of the preceding month.
Appointments
50
Stand Out With
Hughes-Castell
In-house
Regional Compliance Officer APAC (10+ yrs pqe) Singapore Join this
innovative agricultural technology company as they seek a talented
compliance professional to help implement a range of operations
across the Asia-Pacific region. You should have substantial ethics
and compliance experience in multiple jurisdictions in Asia, ideally
gained at a multinational company. A dynamic personality and
great communication skills are required. Ref: 10222/SLG
Senior Legal Counsel (6-12 yrs pqe) Singapore A rapidly expanding
international property and hospitality business is seeking a
senior lawyer to advise on corporate and commercial matters
in Asia, with a focus on China and India. You should have the
ability to work closely with business leaders, and some Mandarin
language skills would be a plus. Ref: 10534/SLG
VP Legal Counsel (8+ yrs pqe) Singapore Excellent opportunity
to take on a range of international employment matters at this
bank. This role will be responsible for advising a large HR function
from a legal perspective, handling group policies, governance,
regulatory rules and disciplinary issues. You should have a law
degree, a proactive attitude, the ability to formulate group policy
across jurisdictions and very good people skills. Candidates from
non-banking industries will be considered. Ref: 10526/SLG
Corporate Counsel - Insurance (8+ yrs pqe) Singapore Join this
international insurance company as they seek a Senior Corporate
Counsel to advise and support their individual consumer product
business unit. You will review complex reinsurance contracts
and provide insurance and reinsurance regulatory advice. This
role requires very good insurance experience, gained either
at a reinsurance broker/intermediary, insurance/reinsurance
company or an international law firm. Hong Kong, Singapore, UK,
Australia or US qualification will be considered, and those not
currently in Singapore may apply. Ref: 10514/SLG
Legal Counsel & Company Secretary (7+ yrs pqe) Singapore
Work closely with the General Counsel at a very well established
international healthcare company. This position requires good
knowledge of Singapore companies law and listing requirements,
and you will be responsible for identifying and mitigating legal
and regulatory risk in a timely manner. The ability to work with
contracts, IP matters and compliance issues needed, Mandarin
language skills would be a plus. Ref: 10532/SLG
Senior Legal Counsel (7+ yrs pqe) Singapore Handle compliance,
contracts and real estate matters at this international property company.
This role is responsible for commercial, trademark licensing, property
management, tenancy matters and regulatory risk management. Prior
experience at a listed company in Singapore preferred, fluent English
and Chinese required. Ref: 10439/SLG
Compliance Leader (6+ yrs pqe) Kuala Lumpur This Fortune 500 financial
conglomerate is now hiring a Compliance Leader to help oversee business
units in Asia. This position will take the lead on a variety of financial compliance
matters covering Malaysia, Thailand, Vietnam, Indonesia and other ASEAN
countries. The ideal candidate for this role has very strong compliance
experience at an international bank or financial institution. Ref: 10432/SLG
Finance Legal Counsel (5+ yrs pqe) Singapore Advise on interesting
financing matters as this international energy company expands
its operations in Singapore. You will join a dedicated banking and
finance team and may work on some general corporate matters.
Fluent Mandarin required, and those currently in private practice will
be considered. Ref: 10477/SLG
Compliance Officers (2-8 yrs pqe) Singapore Two compliance positions are
now available at this international investment management company. One
of the roles will focus on regulatory compliance, whereas the other will focus
on investment guidelines and trade surveillance. Both junior and mid-level
candidates are sought, and mid-level individuals should be ready to move
into a leadership position within a few years. Ref: 10448/SLG
Private Practice
Corporate Partner – Singapore Take on a leadership position on the well
established corporate team at this international firm. Senior associates
with strong regional credentials are encouraged to apply. Ref: 10287/SLG
Competition Director – New Delhi A leading law firm in India is looking
to recruit an experienced competition lawyer. You should have around 15
years of experience in the areas of competition and antitrust, gained in
the US or the EU. Ref: 10515/SLG
Project Finance Senior Associate (6+ yrs pqe) Singapore Do you have
good project finance experience and want to join an international law firm
on the partnership track? This role requires a self starter with a proven
ability to help develop a practice, and strong business development skills
with partnership ambitions is a must. English qualification required,
Australian qualification would be a plus. Ref: 10135/SLG
HONG KONG
Tel: (852) 2520 1168 Fax: (852) 2865 0925 Email: hughes@hughes-castell.com.hk
SINGAPORE
Tel: (65) 6220 2722 Fax: (65) 6220 7112 Email: hughes@hughes-castell.com.sg
BEIJING
Tel: (86) 10 6581 1781 Fax: (86) 10 6581 1773 Email: beijing@hughes-castell.com.hk
SHANGHAI
Tel and Fax: (86) 21 2206 1200 Email: shanghai@hughes-castell.com.hk
SLG SING Jan12 Stand.indd 1
www.hughes-castell.com.sg
5/1/2012 15:07:43
51
Appointments
As trustee of the nation’s savings, we understand
what it means to be trusted. In our hands we hold
the future of real people and real lives.
We foster an environment of trust and encourage
positive relationships for effective teamwork. We
offer you the space to develop with meaningful
opportunities and fresh challenges. We adopt a total
rewards focus comprising competitive remuneration,
attractive benefits and non-monetary recognition.
Take that first step with us.
For Trust is the starting point for all we do.
Make a Difference As Legal Counsel with the Central Provident Fund Board
Our legal team has expanded over the years and we are still growing. We offer excellent opportunities for motivated and
committed individuals. You will have the opportunity to work on stimulating matters that will give you a sense of achievement
and fulfilment, and at the same time learn new skills and gain an insight into policy making.
You will also enjoy diverse training programmes that include developing leadership skills, a friendly and nurturing work
environment as well as a good work-life balance. Apply today for the chance to work in an award winning key public institution
that is committed to developing talents, promoting innovation and providing ample opportunities to grow and excel.
Your Role
Working closely with management, you will play a crucial role when advising on a wide spectrum of legal matters. Your key
responsibilities will be to:
• Provide legal advice on issues varying from IP and IT to divorce and probate.
• Provide legal advice on CPF Board’s duties and corporate affairs.
• Draft, review and advise on a wide range of commercial and IT contracts, service level agreements and deeds.
• Draft and advise on CPF legislation.
• Manage CPF Board’s external lawyers.
What We Offer
•
•
•
•
•
Competitive pay package and employee benefits.
Good work-life balance.
Excellent opportunities to learn new skills, such as legislation drafting, and to understand how policy is made and
implemented.
Opportunity to work with other government and statutory bodies.
Dedicated mentoring, ample training and development.
What We Require
•
•
•
•
A good Honours degree in Law from a recognised university and be eligible to be called to the Singapore Bar.
At least 1 year PQE (for junior position) and 4-6 years PQE (for senior position), whether in practice or in-house.
Good communication skills.
Ability to work well independently as well as in a team.
To apply
Visit our website at http://www.cpf.gov.sg/careers to apply. (We regret that only shortlisted candidates will be notified.)
Appointments
52
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53
Appointments
APAC General Counsel (15+ PQE), Singapore
Regional Legal Counsel (3-5 PQE), Hong Kong
Our client, a NYSE listed technology company which is a leader
in its field, is looking for an APAC General Counsel with strong
regional commercial experience. Reporting to the Group's
General Counsel in US headquarters, the successful candidate
will supervise a team of dedicated legal professionals while
acting as a trusted advisor and partner to business leaders in
Asia. This position offers a broad portfolio of responsibilities
crucial to the support of the company's rapid growth in Asia.
Mandarin preferred but not essential. [S2698]
Our client is an established European conglomerate with a
global presence. They now seek a generalist corporate/
commercial lawyer to join their Regional Legal Team. You will
have an Asia Pacific coverage and be consulted on
regulatory/compliance issues, risk management, competition
law, intellectual property and tax related matters etc. Successful
candidate will be decisive and confident, with a hands-on
approach. Strong written and verbal communications skills in
both English and Chinese a must. Mandarin highly preferred. A
very competitive compensation package commensurate with
experience on offer for this terrific opportunity. [S2984]
Asia Legal Director (12-15 PQE), Singapore
Rare opportunity for a dynamic and experienced in-house
lawyer to join a fast growing NYSE listed company, to set up the
company's legal function in the Asia Pacific region. As an
integral member of the senior management team, the
successful candidate will support high profile and complex
commercial transactions with a focus on M&A. The ideal
candidate must be a self starter with a hands-on approach,
highly adaptable and able to provide creative solutions to
complex legal problems. Familiarity with the O&G, logistics or
commodities industries is preferred though not critical. Fluency
in Mandarin is advantageous. [S2948]
Legal Counsel (6-8 PQE), Singapore
A role with a leading global hotel chain has become available
for an ambitious mid level lawyer. Working with their team
based in Singapore, the successful candidate will support the
business with all hotel operations in the Asia Pacific region,
from deal execution to hotel openings, draft and review
commercial contracts, and handle litigation and IP protection
matters. The successful candidate should possess strong
corporate commercial experience. Experience in the hospitality
or real estate industry and proficiency in Mandarin would be an
advantage. [S2985]
Compliance
Singapore
and
Legal
Counsel
(5-7
PQE),
Premier global investment and advisory firm is looking for a
compliance & legal counsel to be based in Singapore and to
provide compliance, risk management, regulatory and legal
support for their activities in the funds and investments space.
You should be familiar with local compliance and general
corporate commercial issues, especially those relating to funds
and asset management. Candidates who also have experience
with cross-border matters will have an advantage. [S2986]
Singapore Office: 24 Raffles Place, #17-06 Clifford Centre,
Singapore 048621 | Tel: +65 6236 0166
Hong Kong Office: Unit 1602, 16/F, Dina House,
11 Duddell Street, Central, Hong Kong | Tel: + 852 2526 2981
Corporate Counsel (9-13 PQE), Beijing, China
A career enhancing opportunity for a corporate counsel to join a
brand name NYSE listed technology star. You will support all legal
affairs for Greater China and occasional special projects in the
broader APJ region, including M&A, JV, financing, corporate
governance, employment, litigation and procurement matters. If
you are a leader with superb interpersonal and communications
skills, ability to multi-task and exercise sound judgment, this role
will reward you with a great deal of autonomy and responsibility.
Ideal candidate will have previous in-house experience and
knowledge of Chinese law. Must speak, read and write fluent
Mandarin Chinese and English. [S2964]
Country Counsel (5+ PQE), Kuala Lumpur, Malaysia
A US MNC seeks a Malaysian-qualified lawyer with at least 5 years
experience to join them in a role based in Kuala Lumpur. The
successful candidate will work with senior management to protect
commercial and legal interests in the country on transactional,
litigation and government relations. The ideal candidate should
have strong commercial experience gained in a law firm, some
experience dealing with multinational clients and must be
comfortable operating on a senior level. Fluency in English and
Bahasa Malaysia is required for this role. [S2978]
Senior Attorney (10-20 PQE), Delhi/Mumbai, India
Leading communications provider is looking for a senior lawyer
to manage a team of lawyers to support India business
operations. Based in Delhi/ Mumbai, the person will work closely
with senior management on strategic business issues, advise
on high value transactions and be responsible for regulatory
compliance procedures and policies. Senior in-house lawyers
with experience in domestic and international law,
telecommunications matters and who possess strong
leadership skills will be well suited for this role. [S2936]
54
Appointments
ROLANDTONG
S O L I C I T O R S
NICHE BOUTIQUE LAW FIRM WITH SPECIALISED M&A PROJECT WORK REQUIRES:
1.
LEGAL ASSISTANT, 3 TO 8 YEARS PQE. MUST HAVE SOLID INTELLECTUAL PROPERTY EXPERIENCE GAINED IN
EITHER CORPORATE OR LITIGATION DEPARTMENT. SOUND KNOWLEDGE OF RECENT IP CASE LAW DEVELOPMENT
IS ESSENTIAL. TRAVEL IS REQUIRED.
2.
PRIVATE SECRETARY FOR PRINCIPAL CLIENT, MINIMUM 10 YEARS SECRETARIAL EXPERIENCE. MUST BE WELL
SPOKEN, ORGANISED AND HAVE EXCELLENT PC KNOWLEDGE AND PR SKILLS TO FILL FAST PACED CONFIDENTIAL
POSITION.
TOP MARKET REMUNERATION WILL BE PAID TO THE RIGHT CANDIDATE.
PLEASE SEND DETAILED RESUME INDICATING LAST DRAWN AND EXPECTED SALARY WITH RECENT PHOTO TO:
THE OFFICE MANAGER, M/S ROLAND TONG, 3 PICKERING STREET #02-22, SINGAPORE 048660.
EMAIL: gkwan.bp@gmail.com
The Competition Commission of Singapore (CCS) champions
competition for growth and choice. We enforce the Competition
Act by taking action against anti-competitive behaviour.
We also promote pro-competition practices among businesses
and government agencies. We take pride in our intellectual
rigour, objectivity and passion.
Legal Counsel, Legal and Enforcement Division
Responsibilities:
Reporting to the Director (Legal & Enforcement), you will assist
in the Commission’s enforcement of the Competition Act against
cartels, dominant companies that abuse their position and
mergers which substantially lessen competition. You will have the
opportunity to participate in dawn raids, work on policy matters
and law reform relating to competition law, and represent the
Commission in the Courts and Tribunals, as required. You may
also have the opportunity to work on Free Trade Agreements and
represent the Commission in international fora.
Requirements:
•
•
•
•
•
•
Good law degree from a reputable university
Called to the Singapore Bar
Preferably one to three years of Post-Qualified Experience
Economics qualifications is an added advantage
Analytical, independent and self-motivated
Strong communication and interpersonal skills
A competitive remuneration package commensurate with
the applicants’ qualifications and experience will be offered.
Actual designation will depend on the years of experience the
applicants possess.
Applications will be treated in the strictest confidence and will not be
returned.
Only short-listed candidates will be notified.
Information on this position is also available at
http://app.ccs.gov.sg/Careers_index.aspx and http://www.careers.gov.sg.
Alternatively, you may also wish to submit your curriculum vitae to
ccs_hr@ccs.gov.sg or to: Human Resource Division, Competition
Commission of Singapore, 45 Maxwell Road, #09-01, The URA Centre,
Singapore 069118
Closing Date: 31st January 2012
55
Appointments
WONGPARTNERSHIP
WongPartnership LLP is one of Singapore’s top law firms, with its major practices ranked at the highest levels by
international commentators. The Firm was named "Singapore National Law Firm of the Year" at the inaugural
Chambers Asia Awards for Excellence 2010 in recognition of its outstanding work, impressive growth and excellence
in client service. The Firm was also voted Asian Legal Business’ top "Employer of Choice 2010" for Singapore, and
one of "Singapore’s 100 Most Popular Graduate Recruiters in 2011", determined by The Singapore Graduate
Barometer.
We invite applications from highly motivated and committed individuals to take up the following challenges:
ASSOCIATES
•
•
•
•
•
•
•
Asset Management & Funds
Banking & Finance
Banking & Financial Disputes
Capital Markets
China
Commercial & Corporate Disputes
Competition & Regulatory
•
•
•
•
•
•
•
Corporate/Mergers & Acquisitions
Corporate Real Estate
Financial Services Regulatory
Infrastructure, Construction & Engineering
Intellectual Property, Media & Technology
Middle East
Shipping & International Trade
Applicants to our China Practice should possess relevant experience in handling corporate transactions and must
be reasonably proficient in spoken Chinese.
A career with WongPartnership offers opportunities to work with and learn from some of the best legal minds, in
an environment that is challenging and nurturing. We are also consistently one of the best paying law firms in
Singapore.
Interested applicants are invited to send in their detailed resume together with a recent photograph to
joinus@wongpartnership.com.
You may visit our website at www.wongpartnership.com for more information.
Please note that only shortlisted applicants will be notified.
SINGAPORE | CHINA | MIDDLE EAST
WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnership registered in Singapore under the Limited Liability
Partnerships Act (Chapter 163A).
Appointments
56
In-House
Private Practice
PROJECT FINANCE
Singapore
Senior Associate
SENIOR LEGAL COUNSEL – FMCG Singapore
6+ PQE
This international firm has a strong commitment to project finance and are
well placed in the region to attract the highest quality work. They are well
resourced across project development, finance and corporate to offer a full
service on complex regional projects. They are seeking a senior lawyer who is
ready for partnership. No book of business required but you must have a
demonstrable interest in business development. (Ref 7488)
Reporting to the Regional GC of this global MNC, this role sits in the regional
headquarters in Singapore. It is a senior level role to advise on general
commercial work, transactions and strategic projects. They are seeking a
senior lawyer with previous in-house experience in FMCG or retail. This is an
extremely dynamic business and the role offers ongoing personal development
and high quality work. (Ref 7699)
DISPUTES/ARBITRATION Singapore
LEGAL COUNSEL – INSURANCE
Partner
Singapore
4-7 PQE
This international firm with Singapore law capability is seeking a partner to
join their dispute resolution team. You will be a Singapore qualified junior
partner or senior associate and have a wealth of experience in both general
litigation and arbitration. You must have a self-sustaining book of business
with business development capabilities to build on existing capabilities. This is
a unique opportunity to work alongside a leading SC and work with a global
network of offices and clients. (Ref7682)
This is a generalist in-house role in an international business. The work will
encompass drafting and negotiation of contracts, regulation, litigation and risk
management. It is a small legal team and you will enjoy immediate
responsibility for an interesting mix of regional work. You must have strong
interpersonal skills and be able to develop strong relationships with the
business. (Ref 7685)
IT/TMT
IN-HOUSE CORPORATE
Singapore
2-3 PQE
Singapore
4-5 PQE
An opportunity has arisen for a 2-3 year Singapore qualified lawyer to join this
top-ranked international IT practice. The role is Telco focused and will cover
IT, communications and computer law. This is a fantastic opportunity to join a
growing practice and learn from experts in the field. You must have relevant
experience as well as an understanding and appreciation of the IT and Telco
industries. (Ref 7680)
Our client is a high profile international business with global HQ in Singapore.
They have an established legal team and are seeking to hire a Corporate lawyer
for a role which will involve transactional corporate, equities and other deal
work with a focus on China based M&A. You will thrive on pressure and be
excited by working on high-profile M&A deals. Candidates with fluent
Mandarin will be preferred. (Ref 7468)
CORPORATE ASSOCIATE
SOLE REGIONAL COUNSEL
Singapore
2-4 PQE
Singapore
5-10 PQE
Our client is a leading UK firm and they are expanding their team in Singapore
(their regional HQ). This is an unusual opportunity to join a small office with
a close knit team of lawyers. The firm has ambitious plans to expand. They
work with MNC’s and smaller regional businesses. They will consider UK or
locally qualified lawyers and are particularly interested in regional language
skills. (Ref 7686)
Our client is a leading engineering and design consultancy firm and is seeking
a general corporate and commercial lawyer with M&A experience to be the
sole legal counsel for SE Asia. You must already have worked in an in-house
role for an MNC in the construction, engineering or heavy industrial sectors or
in a broader role for an MNC with regional experience. They are seeking a
Singapore or Malaysian qualified lawyer for this role. (Ref 7640)
ASSET FINANCE
BANKING AND FINANCE
Singapore
2-5 PQE
Hong Kong Legal Counsel
This is a new opportunity to join one of the leading aviation finance teams.
The partners in this group are recognised leaders in the market, acting for
banks, investors, airlines, governments and manufacturers. You will work on
award winning complex, cross-border aircraft finance deals and be exposed to
the highest quality of work. (Ref 7684)
Investment bank seeks a lawyer with at least 5 years’ experience to support the
business across a range of matters including loan products, trade products and
receivables financings. General banking lawyers from private practice or already
in-house with relevant experience and a commonwealth qualification will be
considered. (SLG 7683)
M&A
GENERAL COUNSEL
Hong Kong/Beijing
Snr Associate/Partner
Well known US firm with a solid reputation for mid cap private equity and
M&A deals is looking to hire a senior associate or Partner to support this
thriving practice. A following is not critical, though the ability to lead and
develop the practice is important. Fluent Mandarin essential. (SLG 7607)
Hong Kong
12+ PQE
Diversified entertainment business seeks a Hong Kong based General Counsel
to lead and manage the legal function in Asia. Those with experience in content
acquisition, distribution, operations, and solid general corporate & commercial
skills encouraged to apply. Written & spoken Chinese essential. (SLG 7654)
These are a small selection of our current vacancies. If you require further details or wish to have
a confidential discussion about your career, market trends, or would like salary information then
please contact one of our consultants:
Lisa Owens +65 6557 4159 or Gemma Glynn on +65 6557 4172
Hong Kong
Singapore
Beijing
Shanghai
Abu Dhabi
(852) 2920 9100
als@alsrecruit.com
(65) 6557 4163
singapore@alsrecruit.com
(86) 10 6567 8728
beijing@alsrecruit.com
(86) 21 6372 1058
shanghai@alsrecruit.com
(971) 2412 4132
mena@alsrecruit.com
57
Appointments
Startamoretargetedsearch.
ExecutiveSearchisourcorebusiness.That’swhyanincreasingnumber
ofcompaniesarelookingtoustofindtheexceptionalpeopletheyneed.
AtPureSearchInternationalwedon’tsubscribetoahigh-volumerecruitmentstrategyandwedon’t
believeingimmickstoattractthebesttalent.
Instead we offer a tailored search methodology which has firmly established our reputation as a company
which never fails to deliver.
n
The vast majority of our Legal & Compliance mandates are exclusive to Pure Search International and
we’re proud of our outstanding completion record of retained searches.
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Our track record includes Legal Counsel to APAC GC and Associate to Partner level appointments
throughout the APAC region.
n
We constantly research, analyse and benchmark professionals across the market – we know the answer
to “What am I worth?”
MakeamoreinformeddecisionandcallthebestconnectedLegal&Compliancesearchprofessionals
inthemarket.
In-house
Liam Richardson
+852 2168 0791 liamrichardson@puresearch.com
PrivatePractice
Charlotte Brooks
London
160 Queen Victoria Street London EC4V 4BF
www.puresearch.com
+852 2168 0784
charlottebrooks@puresearch.com
HongKong
Unit 501, Level 5, Two Exchange Square,
8 Connaught Place Central, Hong Kong
Jeremy Poh
Singapore
Expect the market leader
to know the market
No-one knows the legal job market better than Taylor Root. After all, we’ve been
leading the way in specialist legal recruitment for more than 20 years. And with
offices around the world, we can advise on the widest range of opportunities
across global firms, niche practices and in-house. So whether you’re recruiting
legal talent or looking for your next career move, talk to the experts. Contact us on
+65 6420 0500 or visit taylorroot.com.sg
THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT
taylorroot.com.sg
In-House Roles
Transaction (Corp)
Singapore
IT Services
Singapore
Derivatives
Singapore
Our client, a prominent Asian-based investment
house seeks a transactional lawyer to join
them. You should be a Singapore qualified
lawyer with M&A/financial regulatory services
experience gained from a top-tier firm. Apply
now. Ref: JP149601.
4+ years
Global IT services company seeks a lawyer with
general commercial experience to take up this
newly created position as Singapore Commercial
Counsel. IT services background would be helpful
but not essential. Up to SG$140,000. Apply now.
Ref: 150301.
4+ years
Top-tier financial institution seeks an expert in
the field of derivatives and structured products
to advise its structuring and sales business.
Applicants must have legal and regulatory risk
experience in this area of the law. An excellent
opportunity. Ref: 150501.
8+ years
Financial Services Counsel Singapore
Media Counsel
Derivatives
Opportunities exist for an experienced
commercial lawyer with prior experience
dealing with the PRC and Asian markets for
financial services, banking and card/travel related
businesses. Chinese language skills would be an
advantage. Ref: JP137801.
5+ years
An excellent opportunity for a commercial
lawyer to join the in-house team of this
international media company. IT/IP/corporate
and general commercial backgrounds will be
considered. Apply now for further details. Up to
SG$100,000. Ref: 149001.
1+ years
Investment bank seeks a lawyer with
experience in capital markets and banking to
focus on drafting documentation on a wide
variety of products, transactions and counter
parties. Experience with ISDA® terms essential.
Ref: 143801.
1-3 years
Legal Manager
Singapore
APAC Commercial Counsel Singapore
Banking
Excellent opportunity to join the legal team of
one of the world’s leading aircraft maintenance,
repair and overhaul companies. Currently
looking for a Singapore qualified lawyer with
experience in general commercial/corporate
secretarial matters. Ref: JP144101. 5+ years
US software giant seeks Japanese speaking
commercial counsel to take up a newly created
position within their Singapore regional
headquarters. Experience preferably within the
IT/IP industry preferred. Up to US$150,000.
Ref: 150701.
5-7 years
Renowned financial house seeks to recruit a
banking lawyer interested in moving in-house
to a varied position covering corporate finance
and capital market transactions. The position
will come with excellent working hours.
Ref: 149901.
5-6 years
Singapore
Singapore
Singapore
To discuss In-House roles, call Hayden Gordine or Jeremy Poh on +65 6420 0500 or email haydengordine@taylorroot.com or
jeremypoh@taylorroot.com
ISDA® is a registered trademark of the International Swaps and Derivatives Association.
Private Practice Roles
Aviation Partner
Singapore
Aviation Litigation
Singapore
Banking/Asset Finance
Singapore
Our client is interested in talking to either
existing Partners or senior associates. Not
only should you have good finance experience
but also the ability to take on a broader
variety of aviation related transactional work.
Ref: 101001.
7+ years
Disputes lawyer with arbitration experience
particularly in the aviation sector required. You
will deal with major losses and provide advice
on contractual and regulatory matters and
handle routine claims for a number of carriers
around SE Asia. Ref: 148501.
2-5 years
Good opportunity for someone with asset
finance experience in either marine and/or
aviation work. Ideal for someone looking for a
change or looking for better quality work where
the deals are second to none. Magic Circle rate.
Ref: 122701.
2-5 years
Ship Finance
M&A
Language Skills
Singapore
Sydney
Singapore
A shipping finance associate is sought to join the
Singapore office of our client, a UK firm with a
top-tier asset finance practice. Strong drafting
skills and an ability to run transactions are
essential for this role. SG$200,000-$300,000.
Ref: 150201.
5-8 years
A brand new role with one of Australia’s top
corporate teams. Seeking a lead SA to work
alongside a Partner running some of the
largest IPO’s currently underway in Australia.
AUS$160,000-$220,000.
Serious
career
prospects exist. Ref: 644193.
5-7 years
This relatively new international firm is looking
for transactional lawyers with fluent language
ability in any of the following: Bahasa Malaysian,
Bahasa Indonesian or Indian languages. You
should have experience from a good law firm.
Ref: 149701.
1-5 years
Corporate/Funds
Banking & Finance
Dispute Resolution
Singapore
You will gain experience across a broad range of
transactions, in particular advising corporates,
lenders and/or private equity houses on leveraged
buy-outs, cross-border transactions, M&A,
equity offerings and corporate restructurings.
Ref: 149101.
3-6 years
Hong Kong
Top international law firm in Hong Kong seeks a
generalist banking and finance lawyer to work
on a range of deals including acquisition and
leveraged finance. The ideal candidate will
be a fluent Mandarin speaker. HK$85,000$100,000. Ref: 180300.
2-4 years
London
An associate is required to join the London
office of this Magic Circle firm. Experience
from a top-tier practice is required and the
successful candidate will enjoy a broad range of
high value, multi-jurisdictional disputes. Apply
now. Ref: 655720.
3-5 years
To discuss Private Practice roles, contact Jamie Newbold on +65 6420 0500 or email jamienewbold@taylorroot.com
Please note our advertisements use PQE/salary levels purely as a guide. However we are happy to consider
applications from all candidates who are able to demonstrate the skills necessary to fulfil the role.
LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE
PRIVATE PRACTICE – SINGAPORE
PRIVATE PRACTICE – WORLDWIDE
CROSS-BORDER M&A
CONSTRUCTION ARBITRATION – DOHA
With this premier UK firm you will undertake high-end cross-border
M&A work in a team led by supportive partners. To secure the role,
you will need to have worked with another top international firm in a
financial centre. (PTSDH2326)
3-7 YRS PQE
Our client, an international firm that is well established in the Gulf is
seeking a contentious construction lawyer. Candidates must be well
versed in construction arbitration. Experience in the Middle East
would be highly regarded. (MEDH827)
3 YRS+ PQE
ARBITRATION
ISLAMIC FINANCE – DUBAI
For this arbitration role with one of the top international firms, you
must be called in Singapore and have excellent academics. This role
offers the opportunity to do high end arbitration work. Potential for
international travel. (PTSAJ2311)
1-4 YRS PQE
A vacancy has arisen at a magic circle firm in the Islamic finance
arena. Candidates should have experience in Islamic Finance, in
particular Islamic Finance structuring. Candidates should also have
the ability to supervise junior lawyers. (MEAJ874)
5-7 YRS PQE
BANKING & FINANCE
CORPORATE (JAPANESE SPEAKING) – DUBAI
Our UK firm client has an award winning practice in Asia and is
looking to expand their finance team. Suitable candidates who will
be Commonwealth qualified and committed to being in Singapore,
can expect high end work. (PTSDH2319)
NQ-4 YRS PQE
A new position has arisen with a top international firm. To secure
this role, working with an impressive team, you will need strong
academics, corporate M&A experience with a top firm and
Japanese speaking abilities. (MEAJ891)
2-5 YRS PQE
PROJECTS
CORPORATE – RIYADH OR JEDDAH
Short track to partnership for an ambitious projects lawyer.
Candidates must have regional contacts, projects experience in the
construction/engineering or energy/oil & gas sectors along with an
entrepreneurial spirit. (PTSDH2317)
8-11 YRS PQE
Opportunity for a senior corporate associate to step up to partnership
in due course with a reputed international firm. Applicants must have
an established track record of business development and experience
working in the Gulf. (MEAJ871)
5 YRS+ PQE
BANKING & FINANCE
BANKING AND FINANCE ASSOCIATE – JAPAN
This is a superb opportunity with a top UK firm. Our client is seeking
to hire a Singapore qualified finance lawyer with good academics
(2:1 minimum) and directly relevant experience. Apply now to work
on headline grabbing deals. (PTSAJ2359)
4-6 YRS PQE
Excellent opportunity for an associate to join a global firm. You will
have had excellent training with a recognised city firm and have at
least 2 years of banking experience. Japanese language ability is
advantageous. (PTJAK00040)
2-5 YRS PQE
PARTNERS
TMT ASSOCIATE – HONG KONG
A UK law firm is in expansion mode and seeking either B&F,
corporate energy, projects/project finance or aviation finance
partners with a following and/or contacts. This is an opportunity to
take a lead in developing your practice. (PTSAJ2379)
PARTNER
The successful TMT team of this international firm seeks a forward
thinking associate. Candidates should have strong drafting skills and
fluent Chinese and will enjoy stimulating work from a varied client
base. Excellent salary and work life balance. (PTAD2916) 3-6 YRS PQE
DISPUTES
CONSTRUCTION DISPUTES – UAE
This role is based in Singapore but with frequent travel to Indonesia.
Applicants must have good Bahasa Indonesia language skills. You
will have a chance to work on high profile complex dispute and
arbitration matters. (PTSAJ2347)
2-3 YRS PQE
This role would suit an ambitious litigation lawyer with experience of
construction and infrastructure disputes and international
arbitration. Superb environment and top quality work on offer with
this top-tier international firm. (MEAJ861)
4 YRS+ PQE
SINGAPORE OFFICE
HONG KONG OFFICE
TOKYO OFFICE
Please contact Matthew Gardner at (65) 6603 1999 or
Please contact James Garzon at (852) 2521 0306
Please contact Amir Khan at (81) 3 4550 1526
email sing@law-alliance.com
or email hk@law-alliance.com
or email japan@law-alliance.com
IN-HOUSE – SINGAPORE
IN-HOUSE – SINGAPORE
LEGAL COUNSEL - MNC
LEGAL COUNSEL - MNC
Fast growing European MNC is expanding its Singapore operations
to include legal counsel. This represents an opportunity for a top
lawyer with broad experience across banking and corporate
sectors. Excellent pay and benefits. (ISSMG1609)
5 YRS PQE
Join an SGX listed company. With regional work on offer and a tightly
knit legal team, you will work closely with senior management and
deal with a range of issues relating to the business. Commonwealth
qualifications are welcomed. (ISSRB1607)
4 YRS+ PQE
LEGAL ADVISOR - MNC
HEAD OF COMPLIANCE - PRIVATE EQUITY
Spanning the globe, our client is playing a key role in Singapore’s
transport development. They are now seeking a corporate generalist
to support an ongoing project. Previous in-house experience is
paramount. Good package. (ISSMG1608)
5 YRS PQE
Our client is a European entity with a private equity arm and is
looking for a senior hire to be part of its regional compliance team.
You will ideally have PE experience and will be familiar with the
regulatory landscape of HK and Japan. (ISSRB1595)
7 YRS+ PQE
REGIONAL COUNSEL - MNC
VP COMPLIANCE - PRIVATE BANK
This healthcare giant operates worldwide. They now need a senior
lawyer with in-house healthcare experience. The incumbent will
have over a decade of experience and be based in either Singapore
or HK overseeing Asia Pacific. (ISSMG1604)
10 YRS+ PQE
Senior role with a global leader in wealth management to oversee the
Asia Private Wealth Management Program. Experience in structured
products; derivatives, equities, and fixed income would be ideal.
Based in Hong Kong or Singapore. (ISSRB1592)
9 YRS+ PQE
LEGAL COUNSEL - MNC
SENIOR COMPLIANCE COUNSEL - MNC
Renowned Fortune 500 Company has an opening for a mid-level
corporate lawyer. Strong qualifications and experience are requisite.
An IT/IP background will be advantageous. You will be responsible for
business units across the region. (ISSMG1598)
7 YRS PQE
Leading player in the communications field is now hiring a lawyer to
implement internal compliance policies for the group. This global
role would suit a lawyer who has worked on FCPA, Bribery Act and
similar regulations. (ISSRB1316)
8 YRS+ PQE
PARALEGAL - BANK
LEGAL COUNSEL - TELCO
With a background in finance you will be perfectly placed to secure
this role in a global bank. As they go from strength to strength, this
bank offers a good career progression. Documentation experience is
essential. (ISSMG1593)
2-5 YRS PQE
If you are a Singapore called lawyer interested in big ticket deals and
working for a blue chip name, then apply for this opportunity. In
addition to strong drafting skills and IP on your resume, you would
have projects/construction experience. (ISSRB1602)
3 YRS+ PQE
POLICY MANAGER - BANK
LEGAL COUNSEL - REAL ESTATE / LAND
A new role has arisen at a top client. You will work with the Head of
Policy & Training to drive the development of legal and compliance
policies and procedures. You will have 5 years or more of experience
in the regulatory field. (ISSMG1612)
5 YRS+ PQE
A Legal Counsel is sought by this real estate entity. Candidates must
be familiar with commercial practice/legislation relating to real
estate. Good drafting skills and the ability to interact with and advise
stakeholders will be a plus. (ISSRB1522)
1-2 YRS PQE
CHIEF CORPORATE COUNSEL - MNC
LEGAL COUNSEL - SHIPPING
Major energy player seeks experienced in-house counsel for its KL
office to work closely with the business units across Malaysia. You
must have 5-8 years post qualification experience in corporate/
commercial law. (ISSMG1587)
5 -8 YRS PQE
Attractive in-house opportunity for a maritime lawyer to be the sole
shipping specialist within a generalist legal team and advise the
Group HQ. This role is ideal for a shipping lawyer looking for a
transition from private practice. (ISSRB1603)
5 YRS+ PQE
www.law-alliance.com
Visit our website to see the latest in-house and private practice vacancies worldwide.

Jan 2012 - The Law Society of Singapore

Transcription

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