Singapore

Recent Articles

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  20.03.2023

  International

  UK An­nounces it will be­come a party to the Singa­pore Con­ven­tion on Me­di­ation

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  17.03.2023

  International

  In­ter­Di­git­al v Len­ovo – High Court sets glob­al FRAND li­cence terms

  The UK High Court has handed down its decision in the FRAND trial of the InterDigital v Lenovo litigation. It concerned InterDigital, an American company holding patents relevant to 3G, 4G and 5G technology and Lenovo, a Chinese ‘implementer’ of that technology. Lenovo has been ordered to pay InterDigital a royalty of $138.7 million (a rate of $0.175 per cellular unit) for its use of InterDigital’s 3G, 4G and 5G patents in its products. This is only the second decision of its kind in the UK (most such cases settle out of court).In short, the Court was asked to set global terms...

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  10.03.2023

  Singapore

  Re­cip­roc­al en­force­ment of for­eign judg­ments in Singa­pore: An up­date

  This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.The long-anticipated repeal of the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (“RECJA”) came into effect on 1 March 2023 (the “Repeal”). On the same date, amendments to the Reciprocal Enforcement of Foreign Judgments Act 1959 (“REFJA”) came into force, and judgments from reciprocating Commonwealth countries which were previously governed by the RECJA will now be governed by the REFJA. These amendments expand the scope of the REFJA and,...

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  10.03.2023

  International

  En­ergy / Ship­ping – Ef­fect of Anti-as­sign­ment Clauses and Trans­fers to In­surers

  The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy. The decision raises questions on the effect of prohibitions against assignment generally, the concept of involuntary assignments (including assignments by operation of law), and the impact of anti-assignment clauses on a transfer of rights to an insurer.FactsDassault Aviation SA (“Dassault”) and...

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  09.03.2023

  International

  CMS Ex­pert Guide to ESG Com­pens­a­tion

  Incorporating ESG KPIs into directors’ remunerationThe urgent need to place sustainability at the heart of company strategy is inextricably linked to incentives provided to its directors and employees. This Expert Guide aims to provide practical insights into key market practices and trends aimed at incorporating sustainability and/or Environmental, Social and Governance (“ESG”) KPIs into directors’ remuneration.The regulations and recommendations on ESG-related remuneration vary considerably from sector to sector and from country to country. The trend is, however,...

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  08.03.2023

  Europe

  Out with the old, in with the new? Pro­ced­ur­al fea­tures of the Uni­fied Pat­ent Court

  In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified Patent Court (UPC) once the system is operational from 1 June 2023.In this part two, we seek to touch on some of the interesting procedural features of the UPC. These features and their respective benefits (or limitations) may influence a patentee’s decision to opt in or out of the regime. Understanding the procedural nuances of the UPC will be critical not only for patentees but also defendants...

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