Jones Day (JD Supra Singapore)

The Background: On February 1, 2021, Singapore's Personal Data Protection (Amendment) Act 2020 ("PDPAA") came into effect. The Situation: The PDPAA is the first comprehensive update to Singapore's Personal Data Protection Act 2012 ("PDPA") since its enactment in 2012 and is aimed at reflecting global developments in individual privacy protection while enabling businesses to use data to grow...

While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to present witness evidence at a hearing. On 20 January 2021, the Singapore Court of Appeal in CBS v CBP [2021] SGCA 4 held that an arbitrator's decision to prohibit the parties...

The Situation: Currently, around 90% of world trade is by sea. International shipping accounts for between 2% and 3% of global greenhouse gas emissions, but like aviation, the sector's emissions are not covered by the 2015 Paris Agreement on climate change. The Context: In 2018, the International Maritime Organization ("IMO") set targets for greenhouse gas emissions from international shipping

The winding-up process in Singapore is no longer available in respect of debt claims that are subject to a valid arbitration clause, except in extremely limited circumstances. On April 7, 2020, the Singapore Court of Appeal handed down its judgment in AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33. In this judgment, the court held that winding-up...

The Situation: On August 7, 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation ("Mediation Convention") was signed by 46 states. Notably, the European Union and the United Kingdom have not signed, suggesting that the Mediation Convention will likely influence approaches to international commercial dispute resolution between the largest trading...

The Singapore International Mediation Centre and the China Council for the Promotion of International Trade will jointly develop rules and procedures for disputes related to China's Belt and Road Initiative projects. On January 24 2019, the Singapore International Mediation Centre ("SIMC") signed a Memorandum of Understanding ("MOU") with the China Council for the Promotion of International...

The Situation: A group of South African mining investors attempted to revive an investment treaty award by which the Kingdom of Lesotho was held liable for its role in disbanding the Tribunal of the Southern African Development Community ("SADC Tribunal"). The Issue: The suit argued that the Singapore courts did not have jurisdiction to review the Permanent Court of Arbitration ("PCA") Award...

On October 2, 2018, a widely anticipated bill to amend the Singapore Employment Act ("EA") was introduced into parliament. The most significant proposed change is the expansion of the core provisions of the EA to all professionals, managers, and executives ("PME"), regardless of salary level. Currently, PMEs earning more than S$4,500 a month have no protection under the EA, and employers have...

The Singapore Mediation Convention, which is expected to be signed on August 1, 2019, will make it easier for businesses to enforce mediated settlement agreements with their cross-border counterparts. The Singapore Mediation Convention ("Convention"), which is expected to be signed on August 1, 2019, facilitates the enforcement of international settlement agreements arising from mediation...

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's counsel. This arrangement is known as an Attorneys' Eyes Only ("AEO") disclosure. The Result: The Singapore High Court held that the tribunal was empowered to issue an AEO...

The Bill: The Singapore Parliament passed a bill giving the Competition Commission of Singapore (or CCS) regulatory powers over consumer protection. The expanded body is now (effective 1 April 2018) called the Competition and Consumer Commission of Singapore (or CCCS), and it will adopt its consumer protection functions in the second half of 2018. The Proposed Amendments: The CCCS proposes...

The Situation: Guidelines on Digital Token Offerings introduced by the Monetary Authority of Singapore address initial coin offerings and also how current laws will be applied to intermediaries. The Result: Whether a digital token offering is regulated by the Monetary Authority depends on whether the digital token is considered a capital markets product.

The Situation: The Monetary Authority of Singapore ("MAS") has introduced a new simplified regulatory regime for managers ("VC Managers") of venture capital funds ("VC Funds"). The Impact: The new regime has simplified and shortened the authorization process and ongoing obligations for VC Managers. The regime recognizes the lower risks posed by VC Managers and VC Funds given their business...

As interest continues to grow in virtual currencies, blockchain technology and initial coin offerings, governments are evaluating the benefits and potential risks of these innovations, while considering numerous regulatory issues. Recent announcements by the Monetary Authority of Singapore go some way toward clarifying its position relative to a digital token's possible designation as a security,

In the wake of a recent increase in the number of initial coin (or token) offerings ("ICOs") in Singapore as a means of raising funds, as well as announcements from other concerned regulators, including in the United States, the Monetary Authority of Singapore ("MAS") clarified in an announcement on August 1, 2017, that the offer or issue of digital tokens in Singapore will be regulated by MAS if

On March 10, 2017, Singapore's Parliament approved the Companies (Amendment) Bill 2017 (the "Act") to enhance the country's corporate debt restructuring framework. The Act, a copy of which is available here, was assented to by President Tony Tan Keng Yam on March 29, 2017, and is expected to become effective later this year.

On 10 March 2017, the Singapore Parliament passed the Companies (Amendment) Act 2017 ("Amendment Act"), which amends the Companies Act. This update focuses on the key amendments that are intended to improve the transparency of ownership and control of companies, reduce their regulatory burden and introduce an inward redomiciliation regime.

On March 10, 2017, Singapore's Parliament approved the Companies (Amendment) Bill 2017 ("Act") to enhance the country's corporate debt restructuring framework. The Act was assented to by President Tony Tan Keng Yam on March 29, 2017, and became effective after it was published in the Singapore Government Gazette on March 30, 2017.