Monthly Archives: July, 2022

Arushi Bhagotra and Tejas Sateesha Hinder, ‘Asymmetric Jurisdiction Clauses vis-à-vis Dispute Resolution in the UK: What in 2022 in the Aftermath of Brexit?’

ABSTRACT The question of UK’s consent to and enforcement of asymmetric jurisdiction clauses since the Brexit has been a pressing one owing to prevailing uncertainty over conventional grounds and ascertainment of the nature of clauses regarded as asymmetric jurisdiction clauses. In this article, the enforceability of Asymmetric Jurisdiction Clauses is discussed along with the UK’s […]

Stéphane Sérafin, Review of Possession, Relativity of Title and Ownership in English Law by Luke Rostill

“It is often said that the Anglo-American legal tradition recognizes only a ‘relative’ conception of title, in which no person is ever truly able to claim an exclusive right in or to a thing, only a better claim to it than someone else. Luke Rostill’s recent book, Possession, Relativity of Title and Ownership in English […]

Sebastian Steuer, ‘Common Ownership and the (Non-)Transparency of Institutional Shareholdings: An EU-US Comparison’

ABSTRACT This paper compares the extent of common ownership in the US and the EU stock markets, with a particular focus on differences in the applicable ownership transparency requirements. Most empirical research on common ownership to date has focused on US issuers, largely relying on ownership data obtained from institutional investors’ 13F filings. This type […]

Roark and Fox, ‘Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises’

ABSTRACT Political and property crises present vital new questions for property theorists, and analyses of state responses to these crises cast new light on how property systems, and property law, adapt and evolve to meet complex challenges – while remaining institutionally resilient themselves. The novel coronavirus pandemic was an extreme, exceptional, unexpected, significant ‘shock’ event, […]

Hanoch Dagan, ‘Liberal Property and The Power of Law’

ABSTRACT In A Liberal Theory of Property I argue that property is one of society’s major power-conferring institutions. Property confers upon people some measure of private authority over things (both tangible and intangible). This temporally-extended private authority dramatically augments people’s ability to plan and carry out meaningful projects, either on their own or with the cooperation […]

Jasmine McNealy, ‘An Ecological Approach to Data Governance’

ABSTRACT This article offers critical investigation of data and how it should be redefined and governed to produce more transparency and mitigate possible harms to individuals and communities because of its use in AI systems. In essence, this article argues that data should be viewed as a networked representation or observation. This definition recognizes that […]

Loke and Sin, ‘Constructing Lawful Act Duress – Times Travel (UK) Ltd v Pakistan International Airlines Corporation

ABSTRACT The debate over whether the doctrine of lawful act duress exists has been settled in the affirmative by the UK Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corporation. However, the elements by which one establishes lawful act duress was the subject of disagreement between Lord Hodge (who delivered the majority […]

Timothy Liau, ‘No-Oral-Variation Clauses and our Powers to Vary Contracts – Charles Lim Teng Siang v Hong Choon Hau

ABSTRACT In Charles Lim v Hong Choon Hau [2021] SGCA 43, the Singapore Court of Appeal delivered an important judgment on no-oral-variation clauses, and their legal effect. This note analyses the reasoning of the Court, addressing also some implications the case might have on future developments. € Liau, Timothy, No-Oral-Variation Clauses and our Powers to […]

Ardavan Arzandeh, ‘The New Rules of Court and the Service-Out Jurisdiction in Singapore’

ABSTRACT The new civil procedure rules for the General Division of the High Court in Singapore, excluding the Singapore International Commercial Court – the Rules of Court 2021 – were gazetted on 1 December 2021, and will come into operation on 1 April 2022. This article examines the impact of the new civil justice regime […]

Yun-chien Chang, ‘Property and Empirical Comparative Legal Studies’

ABSTRACT Building on existing empirical comparative property law works, this chapter points out three different types of additional property data needed for future works: data on substance of property law, data on how property law operates, and data on property-related law in other fields such as criminal law and constitutional law. As examples, this chapter […]