Published Volume IX of the SCIBL series titled "Current Developments in Financial Regulation and Capital Markets"

December 2002

A product of the 9th Singapore Conferences on International Business Law (SCIBL) from 29-31 August 2001, the above book features contributions from practicing and leading legal academic specialists from top universities in the UK, Australia and the USA. Key areas dealt with include selected current legal developments in international business and finance. It is a unique blend of comparative, academic and practical perspectives including special country studies covering the Asia-Pacific and ASEAN regions. The editor was the Director of CCLS, Assoc Prof Stephen Phua. Rajah & Tann sponsored the printing of the first 500 copies. These have been presented to speakers, delegates and key personnel of our legal profession. Complimentary books were also sent to selected institutions and libraries overseas.




Public Forum on the Proposed Fair Trading Act

2 Sep 2002

Jointly organised by the Consumers Association of Singapore (CASE) and Centre of Commercial Law Studies (CCLS), NUS Faculty of Law, the forum focused on how the new legislation will enhance the reputation of all businesses and contribute towards developing a fair market place for traders and consumers.

Chaired by CCLS Director, Assoc Prof Stephen Phua, three speakers shared the various options available to implement a fair trading regime in Singapore. Mr Stephen Loke, Chairman of the Proposed Fair Trading Legislation Committee and Consumer Affairs Committee, discussed the roles of trade and business associations and codes of practice in the fair trading regime.

Mr Douglas Walter - past Executive Manager, Client Services for the Office of Fair Trading and Business Affairs in Victoria, Australia - shared the Australian experience of the Fair Trading Act and how that may be adopted in Singapore.

Ms Goh Hui Hoon, General Manager and Director of LC Travel Planners Pte Ltd, discussed how the proposed Fair Trading Legislation would affect traders and the industry. She also discussed whether this new legislation would be a threat to existing business.

Speakers : Mr Douglas Walter and Ms Goh Hui Hoon

No. of Participants : 157




Seminar - Recent Developments in Banking Law

24 April 2002

This seminar, chaired by Mr Andrew Ang, was focused to keep the participants, consisting of banking officers and legal practitioners, abreast of topical new developments relevant to banking law and practice in Singapore and in the international scene. Various topics were discussed during the half-day seminar.

Mr Eric Chan discussed the recent changes made by the Banking (Amendment) Act 2001 to the framework for bank regulation in Singapore, which included the revised regime for banking secrecy in Singapore, and some of the revised rules on capital, deposit-taking and business standards.

Associate Professor Daniel Seng discussed developments in electronic banking, covering, inter alia, risks arising from Internet banking, issues arising from terms in standard form contracts used by banks and issues respecting settlement of payments and countermands.

Professor Ellinger covered new cases decided and general developments experienced, in banking law in the course of the last two years. The new case law deals with bankers’ liabilities in respect of the handling of customers’ accounts; payment and collection of cheques; the drafting of banking documents and new cases respecting international banking, specifically documentary credits and performance bonds.

Speaker : Emeritus Prof Peter Ellinger, Assoc Prof Daniel Seng, Mr Eric Chan

No. of Participants : 115




Seminar - Major Challenges in Emerging Market Debt Restructurings

21 March 2002

The seminar focused on some of the key challenges that creditors in general and foreign creditors in particular face in the restructuring of troubled loans in the emerging markets. It discussed strategies for advancing restructurings in the face of potentially serious obstacles and also addressed the interplay of various legal, business and financial issues presented in emerging market restructurings.

Speaker : Mr Steven T. Kargman (Counsel with the Export-Import Bank of the United States where he specializes in restructuring and project finance transactions in the emerging markets and serves as the lead attorney for the Bank’s Asset Management Division.)

No. of Participants : 95




Course – Introduction to Competition Law

15-19 December 2003

This intensive 10-hour course was designed to introduce basic concepts and legal principles to administrative officers responsible for implementing and enforcing competition laws. The primary objective was to familiarise participants with the legal principles that underpin substantive areas such as anti-competitive horizontal and vertical arrangements, unilateral abuses of market dominance, and merger regulation. As the course was designed with some focus on the Media Competition Code, examples and case studies were drawn from media-related issues and facts that are relevant to the markets in Singapore. Some attention was paid to the policy decisions that have to be taken by the competition regulator when interpreting and applying the Code, as well as the practical consequences these policies would have on the way firms conduct themselves in the market.

Lecturers : Dr Robert Ian McEwin, Assistant Professor Burton Ong

No. of Participants : 21




Seminar - Enforcing Competition Law : An Australian Regulator's View

3 December 2003

This seminar focused on the Australian Competition and Consumer Commission’s role and responsibilities and the challenges and successes which arise during the course of its work as the only national agency dealing with competition matters and enforcement of the Trade Practices Act. The Australian Competition and Consumer Commission (ACCC) was formed on 6 November 1995 by the merger of the Trade Practices Commission and the Prices Surveillance Authority. An independent statutory authority, the ACCC administers the Trade Practices Act 1974 and the Prices Surveillance Act 1983 and has additional responsibilities under other legislation. The objective of the Trade Practices Act, as set out in the legislation, is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. In broad terms, the Trade Practice Act covers anti-competitive and unfair market practices, mergers or acquisitions of companies, product safety/liability, and third party access to facilities of national significance. The anti-competitive conduct provisions of the Trade Practices Act apply to virtually all businesses in Australia.

Speaker : Mr Michael Cosgrave

No. of Participants : 37




Seminar – Competition Law : A Practitioner’s View

9 October 2003

The seminar provided an excellent opportunity for regulators, lawyers and corporate counsel to review the goals of competition law. It also covered the conduct that constitutes the primary offences that are typically covered by competition law regimes. In addition, it highlighted the importance and role of effective enforcement measures and remedies including treble damages, private right of action etc. The qualifications and experience of the speaker made this seminar discussion highly relevant to competition issues that may arise in Singapore in the future.

Speaker : Mr Jonathan Jacob Nadler

No. of Participants : 25




National Consumer Convention Malaysia: Corporate Social Responsibility

21 & 22 August 2003

This seminar for the business community in Malaysia was co-organised with Centre for Corporate Social Responsibility (CCSR), Federation of Malaysian Consumer Association (FOMCA) and the Ministry of Domestic Trade and Consumer Affairs (KPDN & HEP).

Speakers : Dr Kernaghan Webb, Mr Stephen Loke, Mr Bill Dee, Mr Ong Tiong Hui, Mr Brian Thomas, Mr Andrew Pirie, Mr Damian Yeo, Mr Mohammad Siraj Abdul Razack, Dato’ Dr Mohd Ariffin Hj Aton, Ir. Hussein bin Rahmat, Mr Rolan bin Abd. Rahman, Mr Rob Fisher

No. of Participants : 150




Seminar – Business Excellence in Fair Trading

19 August 2003

The proposed Consumer Protection (Fair Trading) Bill is slated to be passed into law later this year and has been the result of the government recognizing the need to arm consumers with more protection against unscrupulous businesses.

This unique seminar, graced by Guest of Honour, Minister for Law and Home Affairs, Assoc Prof Ho Peng Kee, put together global and local experts from diverse but relevant backgrounds to help businesses understand the impact and ramifications of the prospective new law from a multi-disciplinary approach. It highlighted how good business practices and business excellence will in fact raised standards in industry and in compliance with the anticipated law and can in fact not only raise business profile but the bottom line in due time.

The seminar had experts who were involved in the pushing for this legislation and the ethos of business excellence behind it, the dispute avoidance strategy which should be adopted and also incorporated how to deal with unexpected and difficult problems that may inevitably arise in compliance and through a proper public relations strategy. The seminar took participants to a higher plane of corporate social responsibility or CSR which is fast being adopted as a standard requirement for doing business globally and an expert involved in International Standards setting was also present.

Speakers : Mr Stephen Loke, Mr Ong Tiong Hui, Mr Douglas Walter, Mr Brian Thomas, Mr Kernaghan Webb, Mr Justin Wee, Mr Andrew Pirie

No. of Participants : 53