Conference Notes: A Matter of Trusts

The SICC and SIDRA recently concluded a thought leadership event on dispute resolution options for trust disputes. The key issue was: given the increasing prevalence of alternative forms of dispute resolution (“ADR”), why was there still uncertainty as to whether trust disputes were amenable to ADR (and in particular, arbitration)? The distinguished panellists provided a stimulating discussion of the various conceptual and practical difficulties faced in submitting trust disputes to arbitration.

Sentencing Intellectually Disabled Young Offenders: Public Prosecutor v ASR [2019] SGCA 16

In Public Prosecutor v ASR [2019] SGCA 16, the Court of Appeal (“CA”) discussed the appropriate sentencing approach for a young offender, the respondent, who committed serious crimes, including aggravated rape and sexual assault by penetration on an intellectually disabled young girl, but who was also himself intellectually disabled, with a mental age of between eight and ten. The respondent was 14 years old when he committed the offences in question. When he was convicted in 2017, he was about 16 ½ years old. He was nearly 18 years old at the time of sentencing, in 2018.

Justifiable Loss of Confidence in Management: Douglas Foo Peow Yong v ERC Prime II Pte Ltd and another appeal and other matters [2018] SGCA 67

Under section 254(1)(i) of the Companies Act (Cap 50, 2006 Rev Ed), the court may order the winding up of a company where misconduct by the company’s director creates a “justifiable loss of confidence” in his/her management of the company. However, even if such a ground for winding up is established, the court retains “residual discretion” to decline to grant such an order. In Douglas Foo Peow Yong v ERC Prime II Pte Ltd [2018] SGCA 67, the Court of Appeal discussed when such justifiable loss of confidence might occur, and how the courts should exercise their residual discretion.

Legal, Ethical and Regulatory Perspectives on Artificial Intelligence (AI): The Opening of the SMU School of Law’s Centre for AI and Data Governance

September 24, 2018 marked the opening of Singapore Management University (SMU) School of Law’s Centre for AI & Data Governance (CAIDG). The opening occurred at the end of a day-long Singapore AI workshop jointly organised by CAIDG and the Berkman Klein Center at Harvard University.