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- 8. CIVIL PROCEDURE
- MIND THE GAPS Assessing and Enhancing the Trustworthiness of Mental Health Apps Mental health apps including artificial intelligence (“AI”)—powered apps and chatbots have raised serious concerns relating to safety, efficacy and privacy. This article assesses their trustworthiness based on lego-regulatory, ethical and technological measures in addressing the abovementioned concerns. Focusing on applications to mental health apps, it examines Singapore laws, regulations and guidelines relating to software-based and AI medical devices, data protection, consumer protection, advertising and medical negligence. Additionally, upon taking into account other non-binding ethical guidelines, certification standards and technological measures targeted at app developers, a few recommendations are offered for enhancing trust in mental health apps.
- ADVOCACY IN COURT: MUSINGS AND OBSERVATIONS It is understood that advocacy skills are essential for litigation lawyers and that experience is crucial to improving said skills; however, it is acknowledged that opportunities for practice may not be readily available. In this article, the author shares his observations from the Bench on practices adopted by members of the Bar. It is hoped that these pointers – spanning trial and applications advocacy – will provide guidance to readers, especially younger members of the Bar.
- RECOVERABILITY OF FOREIGN LAWYER COSTS IN THE SINGAPORE INTERNATIONAL COMMERCIAL COURT Parties in proceedings before the Singapore International Commercial Court (the “SICC”) may incur foreign lawyer costs, sometimes in addition to Singapore lawyer costs. In Kiri Industries Ltd v Senda International Capital Ltd [2022] 3 SLR 174, the SICC left open the question whether foreign lawyer costs are legally recoverable by a successful party who was represented by Singapore counsel in SICC proceedings. This article explores this and other issues in the SICC, having regard to the legislation, principles and policy applicable to SICC proceedings.
- Lecture JONES DAY PROFESSORSHIP OF COMMERCIAL LAW LECTURE 2019 – “THE STATE OF ILLEGALITY”
- 16. EQUITY AND TRUSTS
- THE APPLICABILITY OF PROPORTIONALITY IN FOREIGN ILLEGALITY DISPUTES The conflict of laws rules on foreign illegality are well established but mired in doctrinal controversy. This article is concerned with the rule in Foster v Driscoll [1929] 1 KB 470 (“Foster v Driscoll”) and the rule in Ralli Brothers v Compañia Naviera Sota y Aznar [1920] 2 KB 287 (“Ralli Brothers”). These rules are conceptually distinct from the domestic illegality framework outlined in Ochroid Trading Ltd v Chua Siok Lui [2018] 1 SLR 363 (“Ochroid Trading”) and Ting Siew May v Boon Lay Choo [2014] 3 SLR 609 (“Ting Siew May”). As a matter of Singapore law, this article argues that the proportionality test in Ting Siew May and Ochroid Trading should be applied to determine whether the rule in Foster v Driscoll is engaged to render the contract unenforceable. However, the principle of proportionality has no role to play for cases falling within the rule in Ralli Brothers, which this article argues is properly understood as an application of
- TOWARDS A DIGITAL GOVERNMENT Reflections on Automated Decision-making and the Principles of Administrative Justice* Governments around the world are increasingly looking to utilise technology and automated systems in administrative decision-making. As Singapore undergoes its digital government transformation journey, automated decision-making may become an essential part of public service delivery in the near future. Such developments necessitate consideration of the interaction between automated decision-making and the principles of administrative justice. The first part of this article explains the types and benefits of automated decision-making systems. It then outlines the significant use cases by government agencies in Australia, Canada and the US, as well as the administrative law issues that these use cases illustrate. Drawing from these and other examples, the second part distils the key administrative law rules that may be infringed by the use of automated systems. The third part argues tha
- TEN TRENDS IN INTERNATIONAL MEDIATION In this article, the author offers an international overview of mediation developments in the 21st century and identifies contemporary influences such as artificial intelligence and third-party funding. With a focus on mediation of cross-border disputes, the author identifies ten trends in international mediation. These include the changing profile of cross-border disputants and corresponding developments in international mediation practice and law. The role of mediators and lawyers is analysed in the context of the professionalisation of the field through credentialling initiatives and the new specialisation of mediation advocacy. With the growing internationalisation of mediation, there has been greater appreciation of diverse practice models and the cultural assumptions underpinning them. These developments are explored along with the increasing and differentiated use of mediation in mixed mode procedures and a consideration of how technology is challenging conven
- INSOLVENCY SET-OFF IN JUDICIAL MANAGEMENT The Insolvency, Restructuring and Dissolution Act 2018 has extended the applicability of insolvency set-off to companies in judicial management. This presents an interesting issue as to how insolvency set-off operates when a company in judicial management transitions into winding up. This is an issue with practical consequences for insolvency practitioners and creditors alike. This article also examines the effect of judicial management on the crystallisation of floating charges, which impacts the mutuality required for insolvency set-off to operate.