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Mirandah Asia | Singapore | 5 Jul 2021

Australian Prosecco challenge fizzles out in face of Italian defence

Australian Grape & Wine Incorporated recently failed in their opposition before the Intellectual Property Office of Singapore to the application for registration as a geographical indication (GI) of the name "Prosecco" in respect of wines. The hearing serves as a lesson that quality and sufficiency of evidence are key to discharging the burden of proof necessary to successfully oppose a GI mark.
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Oon & Bazul LLP | Singapore | 16 Oct 2020

Recognition of bankruptcy orders: breach of natural justice

By a two-to-one majority, the Court of Appeal recently granted an appeal and set aside the High Court's recognition of Indonesian bankruptcy orders on the basis that there had been a breach of natural justice in their making. While recognition in this case proceeded on the basis of the common law regarding the recognition of bankruptcy orders, this case could be a useful interpretive aid for......
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Oon & Bazul LLP | Singapore | 28 Aug 2020

Landmark decision on legal standing of foreign companies to apply for Section 211B moratorium under Companies Act

The Singapore High Court recently addressed, for the first time in a written grounds of decision, the question of whether a foreign company has the requisite standing to apply for a Section 211B moratorium under the Companies Act. The grounds of decision, which the court noted was issued to assist interested parties, provides much-needed clarity on the requirements of the so-called......
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Oon & Bazul LLP | Singapore, USA | 17 Jul 2020

DIP financing – the Singaporean way

In 2016 the Ministry of Law unveiled plans to strengthen Singapore as an international centre for debt restructuring. Pursuant to these plans, numerous complex legislative changes were introduced to Singapore's debt restructuring and insolvency laws. This article focuses on Singapore's experience of transplanting the US Chapter 11 debtor-in-possession financing provisions into the 2017......
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Oon & Bazul LLP | Singapore | 10 Jul 2020

Temporary measures to mitigate impact of COVID-19 pandemic on SMEs

In these unprecedented times, small and medium-sized enterprises (SMEs) and their owners require swift and cost-effective methods to sustainably manage and restructure their debt burdens, so that they can focus on transforming their businesses to meet the challenges of the post-COVID-19 economy. This article examines the legislative action taken by the government thus far, with a specific......
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Oon & Bazul LLP | Singapore | 7 Feb 2020

Potential cryptocurrency issues in insolvency and restructuring sphere

Otonomos BCC Pte Ltd is one of the first technology companies specialising in blockchain technology to be wound up by the Singapore courts. As there are likely to be more insolvency and restructuring cases dealing with cryptocurrency in the near future, this article examines the legal nature of cryptocurrency in the insolvency and restructuring sphere, the feasibility of using cryptocurrency......
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Oon & Bazul LLP | Singapore | 12 Jul 2019

Alternative dispute resolution in insolvency and restructuring proceedings

Singapore is positioning itself as a hub for insolvency and restructuring. Imminent changes to Singapore's mediation landscape suggest that mediation will soon become one of the tools available to insolvency and restructuring practitioners in resolving their clients' concerns. Similarly, there is room for employing arbitration in specific types of dispute, which will assist with insolvency......
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Oon & Bazul LLP | Singapore | 3 May 2019

Landmark decision: Singapore's first successful application for super priority rescue financing

An online travel platform recently obtained Singapore's first super priority order for rescue financing pursuant to Section 211E(1)(b) of the Companies Act. This groundbreaking decision provides valuable guidance to insolvency practitioners regarding future applications for super priority rescue financing, which will hopefully increase the attractiveness of distressed financing as an......
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Dentons | Singapore | 11 Apr 2019

Need for speed: get your anti-suit injunction fast!

Parties entering into arbitration agreements ordinarily abide by their contractually chosen dispute resolution mechanism and proceed accordingly. However, counterparties sometimes start proceedings in a foreign jurisdiction in breach of an arbitration clause. A recent Singapore Court of Appeal decision sets out firm guidance that a party that finds itself in this scenario should act as fast......
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Oon & Bazul LLP | Singapore | 29 Mar 2019

First recognition of US bankruptcy proceedings as foreign main proceedings under Singapore Model Law

The Singapore High Court recently delivered a landmark decision on the recognition of foreign bankruptcy proceedings and the public policy exception under the Singapore Model Law. In this groundbreaking decision, the court ruled on several matters relating to the law for the first time, including the relevant date and other factors for determining a debtor's centre of main interests.
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