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This article focuses on the Totality principle, which requires the court to take a “last look” at all the facts and circumstances and assess whether the sentence looks wrong. First, the article unpacks the Totality principle. Next, it elaborates on the

For legal professional privilege to apply to a communication, must the communication have been made with the “dominant purpose” of seeking or giving legal advice? Or is it sufficient that the seeking and giving of such advice was one of

Rebalancing Client Choice and Confidentiality This article examines the competing policy considerations involved where a lawyer acts for different clients against the same opponent in similar claims. With reference to Singapore, Australia, New Zealand and English cases, it suggests that the

The Singapore Ministry of Law has been considering the introduction of a mechanism to allow parties to opt-in to appeals on questions of law for international arbitration. This article examines the desirability of such a development and concludes that an

This article outlines the general contours of a lawyer’s duty to assert legal advice privilege, with reference to English common law cases. Four key issues are examined, including the rationale for and costs of asserting legal advice privilege. Introduction In the 2015

Even though asymmetric arbitration clauses seem to be used frequently in dispute resolution clauses for various industries, there is very little statutory guidance with regard to the validity of such clauses. Ultimately, the validity and use of asymmetric arbitration clauses

The Competition Commission of India has recently introduced a significant change to the existing mandatory and suspensory merger control regime in India. The introduction of an automatic clearance for mergers, known as the Green Channel, makes India the only competition

The Prague Rules were drafted by lawyers with a Civil Law background and were officially introduced in December 2018. Their goal is not to override any existing arbitration or procedural rules but rather to provide parties with another choice of how

This article uses the recent UK case of Woodward v Phoenix Healthcare Distribution [2019] EWCA Civ 985 as a starting point to explore the issue of whether legal practitioners are obliged to point out their opponent’s errors as a matter

Singapore will have a new appellate division in the High Court. This is a historic development. Its rationale has largely been put on the basis that it has become necessary to address the rising number of cases reaching the Court