This primer by experts in their respective fields offers students and practitioners an overview of the relevant technologies, a survey of their impact on the content of law today, and a window into future issues that may arise – as well as some of the potential solutions. The text is meant to be accessible to students and practitioners, as well as to interested laypersons. The authors have strived to be clear and avoid unnecessary jargon – simple, but not simplistic.
Professor Simon Chesterman
Professor Goh Yihan
Justice Andrew Phang Boon Leong
Date of Publication: September 2021
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Senthilkumaran Sabapathy is a deputy public prosecutor and a deputy senior state counsel with the Attorney-General’s Chambers. He was previously a justices’ law clerk with the Supreme Court of Singapore and a visiting researcher with the National University of Singapore. He completed his undergraduate and master’s degrees at the University of Oxford, and studied the UK’s legal system while attached to leading commercial and criminal barristers’ chambers. He has published numerous articles on Singapore and English law, and has a keen interest in advancing criminal justice in Singapore, including through the principled use of alternative sentencing.
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This issue reviews important Singapore arbitration-related court decisions from January to June 2020 on attempts to set aside arbitral awards. Accompanying case notes examining the significance and relevance of these and other Singapore cases reported are included in this issue. There is also an extended single article by Toby Landau QC – “Arbitral Groundhog Day: The Reopening and Re-Arguing of Arbitral Determinations” – which critically and exhaustively reviews the resultant complex issues when a party seeks to have a claim adjudicated in one forum, which has already been determined in another.
Date of Publication: November 2020
Arbitration confidentiality appears to be the accepted orthodoxy in England. Yet in the arena of international arbitration, arbitration confidentiality has not been uniformly recognised. The aim of this monograph is to explore in-depth the concept of confidentiality in arbitration proceedings and its exceptions. This study examines the case law in England and compares that with the positions in Australia, New Zealand, the United States, Sweden, France, Germany and Singapore.
Author(s)/Editor(s)/Contributor(s): Quentin Loh Sze On SC and Edwin Lee Peng Khoon (authors)
Date of Publication: Jul 2007
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This issue features articles on: (a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system; (b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination; (c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values; (e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa; (f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments; (g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and (i) the evolution of Singapore’s criminal process and hopes for the future.
Author(s)/Editor(s)/Contributor(s): Associate Professor Chan Wing Cheong and Professor Michael Hor (guest editors)