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SUBJECT INDEX: Singapore
Amendments to the SOP Act

The SOP Amendment Act
A Commentary on the Building and Construction Industry Security of Payment (Amendment) Act 2018

 

Since the passage of the Building and Construction Industry Security of Payment Act (Cap 30B) or the SOP Act in 2004, the dispute resolution landscape in the construction industry has changed considerably. Each year between 400 and 500 adjudication applications are lodged and the statutory adjudication process is now the

principal dispute resolution route for construction payment claim disputes.

In 2018, Parliament passed the Building and Construction Industry Security of Payment (Amendment) Act 2018. The Amendment Act raises important changes to the operation of the statutory adjudication regime, including changes to the scope of contracts which comes under the Act and the provision for the claimant to now apply for a review of an adjudication determination. This work addresses a number of important issues arising from the amendments.

The authors are senior adjudicators and general editors of the Singapore Construction Adjudication Review, an established series of reports on adjudication determinations since 2005.
 
Legal Skills: A Complete Guide

The Definitive Guide on Legal Skills

 

  • Provides a user-friendly and practical step-by-step guide to the essentials of Singapore legal process, the tools available to excel and practical guidance on advocacy strategies.
  • Addresses the much-needed practice-ready skills gap for those transitioning from law school or foreign jurisdictions into the Singapore legal practice and is the first comprehensive guide written from the Singapore perspective.
  • Written in a clear and practical manner, Ms Sim Khadijah provides a unique perspective on what’s required to succeed in law early in your career from her background as Counsel, Assistant Registrar and Judge, with experience in private practice, public service and a skills trainer for NUS, SILE and SMC.

 

There exists a gap between what is taught in law schools and the skills that are actually needed in practice. Senior lawyers may not have the bandwidth to train and mentor their junior lawyers as much as they would prefer. As a result, these young lawyers are unable to maximise their true potential in the shortest time possible. This prompted the founding of the author’s legal skills training firm, Lacuna Training Solutions, the first of its kind, to fill the training gap.

Key features: Legal Research, Analysis, Written Advocacy, Oral Advocacy, ADR, General Skills in Legal Practice, and Additional Guidance for Law Students.

 
Singapore Civil Procedure 2019

Ready for what lies ahead

When change can happen any time, constant vigilance is a must. Seize your advantage over the competition with the Singapore White Book 2019. 
 
Law & Practice of Construction Contracts in Singapore, Fifth Edition

 “It is no overstatement to say that Mr Chow is the doyen of Singapore construction law and is perhaps the foremost authority on this topic.”

 
The Honourable the Chief Justice Sundaresh Menon
Supreme Court of Singapore
From the Foreword to the 5th Edition
 
Regarded as the leading title for construction practitioners over the past 25 years, the fifth edition incorporates ground-breaking decisions on jurisdictional issues while taking into consideration the newer editions of the major standard forms such as FIDIC 2017. It also provides a commentary on the Singapore Institute of Architects Building Contracts 2016.
 
Featured Court of Appeal decisions include:
 
Grouteam Pte Ltd v UES Holdings Pte Ltd (2016) 
Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd (2018)
Comfort Management Pte Ltd v OGSP Engineering Pte Ltd (2018)
 

 

SUBJECT INDEX: Malaysia
Companies Act 2016 with Overview (2019 Edition) (COMING SOON!)

This publication presents the full text of the Companies Act 2016, together with an updated Expert Overview and relevant subsidiary legislation to facilitate a more practical approach of the 2016 Act.

 
Construction Defect Claims in Malaysia (OUT NOW!)

Your invaluable reference source dealing exclusively with construction defect claims. 

 
The Malaysian Guide to Advocacy (OUT NOW!)

The definitive guide to Malaysian court advocacy, written by a leading senior practitioner

 
Malaysian Tort Law

Providing a comprehensive and analytical coverage of tort law in Malaysia 

 

 

SUBJECT INDEX: Hong Kong
CHITTY ON CONTRACTS, HONG KONG SPECIFIC CONTRACTS, SIXTH EDITION

  • New Chapter on Cyber Law and Contract expounded.
     
  • Deals individually and in detail in areas of bailment, banking, insurance and covenants.
     
  • Extensive in-depth coverage of recent case law and legislation since last edition.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

This is the pre-eminent reference work on contract. An essential book for anyone working on contracts, either for drafting or dealing with points of dispute. It is an extremely well-respected title, for which most authors want to write for because of the prestige associated with it. Of particular note, the sixth edition contains the addition of a new section on AI, an expansion of the blockchain section to reflect recent developments in this field, and further detail on data protection (in light of the entry into force of GDPR in the EU in May 2018). In addition, there is a new chapter on cyber law covering data protection, cloud computing, cybersecurity, blockchain technology, smart contracts, artificial intelligence and related subjects. The sixth edition welcomes a number of new authors who in updating chapters, have significantly refreshed key content areas. With these updates, Chitty on Contracts, Hong Kong Specific Contracts is a key title to have as a reference tool.

 

 
Law and Justice in Hong Kong, Third Edition

Extensively rewritten and revised, the third edition of Law and Justice in Hong Kong continues to offer readers a comprehensive account of the legal system of Hong Kong — the only common law jurisdiction in East Asia. Fully updated, it encourages readers to appreciate the underlying values of legal practice and the administration of justice in the context of wider global and regional developments. It explains the crucial role played by the rule of law in Hong Kong’s historic transition from a fishing settlement into a leading international financial centre over the course of nearly two centuries.

An essential text for students studying Legal System and Legal Research and Writing, this book is also useful to legal practitioners, jurists, and general readers, both in Hong Kong and abroad, who find interest, if not indeed intrigue, in the spectacle of an internationalised common law jurisdiction under Chinese sovereignty.

 

 

 
 
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: A MULTIDISCIPLINARY PERSPECTIVE

  • On the 30th anniversary of the implementation of the CISG, the title provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law.
     
  • Unique and jurisdictionally relevant thought-leadership content – presents national perspectives.
     
  • Provides fresh critiques on core principles as well as forecasting on potential areas for reform.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force internationally on 1 January, 1988. 2018 marked the 30th anniversary of its coming into force. So far, CISG has been favourably received by the international community as it helps remove legal barriers for international trade and diminishes uncertainties caused by the private international law system and facilitates contract negotiations in international transactions.

Three fundamental issues are addressed by the CISG:

  • the formation of a contract;
  • the obligations of the seller; and
  • the remedies available to the buyer, and the obligations of the buyer and the remedies available to the seller.

As we celebrate over three decades of this unique experiment at unifying and harmonising the law on international sale contracts and count the increasing membership of the international convention, it is also time to revisit a few specific issues that have arisen from the application of the convention.

 
Competition Ordinance (Cap.619): Commentary & Annotations

• Authored and annotated by Knut Fournier, Chairman of the Hong Kong Competition Association.

• This work reproduces the full text of the Competition Ordinance (Cap.619) together with section-by-section analyses and commentaries with references to relevant case law and other legislation.
 
• Included in the annotations are definitions of words and phrases as well as practical applications of the provisions.
 
• Competition regimes of other jurisdictions are referred to and compared with wherever relevant.
 
• Guidelines of the Hong Kong Competition Commission and Hong Kong Communications Authority are reproduced in full, making this a comprehensive resource on Competition Law.
 
 

 

SUBJECT INDEX: United Kingdom
Law and Practice of International Finance, The

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic. It sets out complex products in simple terms, alongside providing practical guidance on the structuring of deals and agreements, negotiating points and sample precedents. Over 388 jurisdictions are surveyed, providing the broadest possible perspective on the international financial markets.

 
Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.
 
Duress, Undue Influence and Unconscionable Dealing 3Ed

Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable. 
 
Duress deals with circumstances where the complainant’s consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.
 
Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an improper manner to procure the consent of the other person to enter into a contract. 
 
The related, but distinct, doctrine of abuse of confidence applies where a fiduciary enters into a contract with his/her principal. The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of their principal’s interests.
 
Unconscionable dealing is concerned with cases where at the time of concluding a contract one party (the weaker party) was under some special disability, such as poverty, ignorance, illness, necessity, intoxication, and the other party took unconscientious advantage of the circumstances of the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.
 
KEY FEATURES:
  • Provides comprehensive information on all aspects of duress, undue influence (including probate undue influence), abuse of confidence and unconscionable dealing
  • Covers recent developments and case law relating to these areas including Commonwealth cases
  • Helps you deal with problems arising from disputes
  • Gives a detailed explanation of the general principles
  • Explains the remedies and defences available
  • Examines the different types of duress including duress of the person, duress of goods and economic duress
  • It includes a comparative analysis of the approach in other jurisdictions, particularly Australia, Canadian provinces, New Zealand and Scotland.
  • Gives examples of how duress, undue influence and unconscionable dealing cases work in practice
  • Takes you through the detailed steps that should be taken by a bank in cases of non-commercial guarantees where there is a risk of third party duress, undue influence, or misrepresentation. 
 
Sales of Shares and Businesses, 5th Edition

The 5th edition of Sale of Shares and Businesses provides a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.

 
 
Guidance for every sale of a business
  • Gives guidance on every part of the sale of business so you can make sure everything is covered and nothing is missed out
  • Helps you draw up agreements for every type of business client using examples drawn from all sizes of transactions from the sales of small business to multi-million pound deals
  • Helps you represent either the buyer and the seller
  • Goes through both sale of shares and the sale of assets so whichever way the business is being bought, you’ll have all the right advice and correctly drafted documents to give to your clients

Start to finish advice on the process
  • Covers pre-acquisition or disposal of a company so you can be fully prepared for negotiations over the sale of a business
  • Outlines the general principles of due diligence and in particular financial and legal due diligence helping you make sure the agreement for sale is based on a true reflection of the value of the business
  • Gives guidance on the key components of a sale agreement so you can draft and check your documents with confidence
  • Includes details on warranties and indemnities so you can ensure you have made provisions for the possible problems that may arise post-sale
  • Covers specialist areas for example, pensions, tax and employment law issues so you’ll be able to quickly find out what the law says on these areas, if they are relevant to the agreement in hand

Draft in line with current developments

  • Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
  • Updates on the General Data Protection Regulation.
  • Shows how property and environmental issues may affect the sale of businesses

Full set of precedents included to save you time drafting
  • Includes a CD-ROM full of all the precedents related to the sale of a business including: acquisition agreements, board minutes and power of attorney precedents
  • Enables you to draft documents more quickly as it gives you precedents on CD-ROM to use as a basis for drafting, or to select the relevant clauses as you need them
  • Saves you time as you can easily find and copy the precedents and clauses you need from the CD-ROM into your own documents
 
Understanding the FIDIC Red and Yellow Books, 3rd Edition

Updated to cover the 2017 FIDIC Suite of contracts, and for the first time including the Yellow and Red Books, Understanding the FIDIC Red and Yellow Books continues the practical clause-by-clause commentary that is invaluable to any construction professionals dealing with FIDIC contracts. Coverage from practitioners in the UAE now means this title covers FIDIC in Civil Law jurisdictions, as well as Common Law.

 

New to this edition:

  • Describes how the FIDIC contract terms operate in relation to Civil Law jurisdictions, such as the UAE
  • Features an overview chapter dealing with issues such as the contract’s history and purpose, the concept of the engineer, time and money, dispute resolution, and enforcement of arbitral awards
 
Key features:
  • Covers the 2017 FIDIC Conditions of Contract for Works of Civil Engineering Construction: The Red Book, one of the leading international construction contracts
  • Covers also the 2017 FIDIC Conditions of Contract for Electrical and Mechanical Works including Erection on Site: The Yellow Book
  • Reproduces each clause in full, explaining the effect and operation of each one, considering latest case law and discussing problems frequently encountered in practice
  • Helps the user to interpret contract clauses correctly and decide whether amendments need to be made to suit your situation
  • Compares the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts, such as the ICE forms
  • Provides guidance on whether amendments or deletions need to be made
  • Discusses problems frequently encountered in practice in relation to clauses
  • Considers in detail the MDB harmonised version of the Red Book, approved for use by the World Bank, and its variations from the standard version of the Red Book