Generated by All in One SEO v4.9.10, this is an llms.txt file, used by LLMs to index the site. # Nicolas Tang Dispute Resolution Professional ## Sitemaps - [XML Sitemap](https://nicolastang.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Engaging a Law Firm](https://nicolastang.com/engaging-a-law-firm/) - nicolastang · Engaging a Law Firm - [Corporate lawyer Nicolas Tang on legal implications in Cordlife case](https://nicolastang.com/corporate-lawyer-nicolas-tang-on-legal-implications-in-cordlife-case/) - [Enforcement of Foreign Judgments & Arbitration Awards in Singapore: What to Know](https://nicolastang.com/enforcement-of-foreign-judgments-arbitration-awards-in-singapore-what-to-know/) - Whether your business is headquartered in Singapore, Southeast Asia, or the wider Asia-Pacific, it’s essential that you understand how to properly deal with cross-border and international commercial disputes. Successfully navigating such disputes often culminates in obtaining a judgment from a foreign court or an award from an international arbitration tribunal. However, what makes a judgment - [Examining Singapore’s High Court Judgment On The Valuation Of Cryptocurrency As Damages](https://nicolastang.com/examining-singapores-high-court-judgment-on-the-valuation-of-cryptocurrency-as-damages/) - Purpose – The aim of this article is to dissect the various aspects of the recent Singapore High Court Judgment in Fantom Foundation v Multichain Foundation Ltd & Anor [2024] SGHC 173. In doing so, this article seeks to set out the grounds of the Singapore High Court’s decision and to identify the key takeaways when it comes - [More About Nicolas Tang](https://nicolastang.com/more-about-nicolas-tang/) - Singapore (2002) | England and Wales (2006) | New York (2009) | Hong Kong (2009) Nicolas is an Arbitrator at the Hong Kong International Arbitration Centre (HKIAC), Thailand Arbitration Centre (THAC) and Singapore International Arbitration Centre (SIAC). In the mediation arena, he is a Specialist Mediator at the Singapore International Mediation Centre (SIMC), an Accredited Mediator at the - [SIAC Model Arbitration Clause: What You Need To Know](https://nicolastang.com/siac-model-arbitration-clause-what-you-need-to-know-2/) - Understanding the SIAC Model Arbitration Clause The Singapore International Arbitration Centre (SIAC) has gained recognition as a leading institution in the arbitration sector. As per a 2021 survey by Queen Mary University of London, it is the most favoured seat in Asia and the second most favoured worldwide. The caseload of SIAC has consistently risen, - [SIAC And Its Role In The International Arbitration Landscape](https://nicolastang.com/siac-and-its-role-in-the-international-arbitration-landscape/) - The Singapore International Arbitration Centre (SIAC) has established itself as one of the world’s leading arbitral institutions, attracting a growing number of cases from businesses and individuals around the world seeking efficient and effective dispute resolution. With its reputation for speed, transparency, and enforceability of awards, SIAC has become one of the top choices for - [Arbitration Clauses 101: The Expert Guide To Drafting Air-Tight Clauses](https://nicolastang.com/arbitration-clauses-101-the-expert-guide-to-drafting-air-tight-clauses/) - An arbitration clause is a provision that establishes the procedure for resolving disputes between parties to a contract through arbitration instead of traditional litigation. It is a legal agreement binding on all parties involved in the contract. Drafting an air-tight arbitration clause helps avoid costly and time-consuming legal skirmishes. An air-tight arbitration clause should be - [Navigating SIAC Arbitration: An Expert Guide On Choosing the Right Arbitration Lawyers](https://nicolastang.com/navigating-siac-arbitration-an-expert-guide-on-choosing-the-right-arbitration-lawyers/) - The Role Of Arbitration Lawyers in SIAC Arbitration In any SIAC arbitration, your arbitration lawyers are pivotal to the success of the case. Before we discuss how one should go about engaging a Singapore law firm for your SIAC arbitration, here’s a breakdown of what you might need a lawyer for. Advising on the merits - [Standard of Proof in International Arbitration: A Comprehensive Guide](https://nicolastang.com/standard-of-proof-in-international-arbitration-a-comprehensive-guide/) - International arbitration is a popular method for resolving cross-border commercial disputes. A crucial aspect of any arbitration proceeding is the standard of proof required to establish the claims and defence in a case. This article examines the concept of the standard of proof in international arbitration, the different approaches adopted by civil law and common - [Thailand ADR Week 2024: The Impact of the Local Court’s Facilitation on Seat Selection in Arbitration Proceedings](https://nicolastang.com/thailand-adr-week-2024-the-impact-of-the-local-courts-facilitation-on-seat-selection-in-arbitration-proceedings/) - Moderator: Nicolas Tang, Founder, Farallon Law Corporation Speakers: Christopher Chong, Head of Construction & Engineering and Director (Dispute Resolution), Drew & Napier Joseph Chung, Partner, Deacons Nico Mooduto, Partner, SSEK Noppramart Thammateeradaycho, Partner, Tilleke & Gibbins Local courts have a significant impact on the choice of arbitral seat, as they provide essential judicial support and - [ICC YAAF: Arbitration In Antiquity - What Can History Teach Us?](https://nicolastang.com/icc-yaaf-arbitration-in-antiquity-what-can-history-teach-us/) - A&O Shearman, Singapore26 June 2024, 6pm to 8pm VK Rajah SC: Let me start off with climate. Lee Kuan Yew said that the greatest invention in the 20th century was air-conditioning. There is a cleavage between arbitration and mediation. When we go back, the first institutionalised form where an arbitration award could be enforced was probably - [ICC Advanced Arbitration Academy for Asia 2024](https://nicolastang.com/icc-advanced-arbitration-academy-for-asia-2024/) - [What is Arb-Med-Arb?](https://nicolastang.com/what-is-arb-med-arb/) - In an ideal world, disputes would be resolved amicably, but in practice, some disputes are extremely difficult to resolve. Typical adversarial methods like litigation and arbitration are often used. However, there is scope to utilise mediation as a dispute resolution mechanism. Arb-Med-Arb, short for Arbitration-Mediation-Arbitration, is a dispute resolution process that seeks to integrate mediation - [Navigating Rules of Evidence in International Arbitration – A Spotlight on Singapore](https://nicolastang.com/navigating-rules-of-evidence-in-international-arbitration-a-spotlight-on-singapore/) - In international arbitration cases held in Singapore, the process of handling evidence differs from traditional court proceedings. Unlike in courts, there are no predefined rules of evidence that automatically apply in international arbitration. Instead, the treatment of evidence becomes the responsibility of the arbitral tribunal when there is no prior agreement between the parties on - [Limitation Periods In Singapore: When Does Your Right To Sue Expire](https://nicolastang.com/limitation-periods-in-singapore-when-does-your-right-to-sue-expire/) - Limitation periods in Singapore are governed by specific legal frameworks which set the time limits within which an individual or entity must initiate legal proceedings. These periods define the window for enforcing legal rights through the courts. The rationale behind limitation periods is to ensure legal certainty and fairness, preventing the indefinite hanging over of - [Directors Fees and Renumeration In Singapore: What You Need To Know Legally](https://nicolastang.com/directors-fees-and-renumeration-in-singapore-what-you-need-to-know-legally/) - In Singapore, the remuneration of directors is a topic of significant legal and corporate governance interest. Directors, who are appointed to manage and oversee the operations of a company, are compensated for their services. This compensation, known as directors’ remuneration, includes any form of payment or benefit given to them in return for their services - [(ChannelNewsAsia Article Interview) Why Wasn’t Ong Beng Seng Charged With Iswaran? Lawyers Weigh in](https://nicolastang.com/channelnewsasia-article-interview-why-wasnt-ong-beng-seng-charged-with-iswaran-lawyers-weigh-in/) - Nicolas was interviewed for this ChannelNewsAsia article: Why Wasn’t Ong Beng Seng Charged With Iswaran? Lawyers Weigh in. Written by: Louisa Tang The Attorney-General’s Chambers has said it will decide on the investigations against the billionaire tycoon after the Iswaran case is completed. CNA speaks to legal experts and lawyers on the possible reasons behind - [Enforcing Court Orders Under the Rules of Court 2021](https://nicolastang.com/enforcing-court-orders-under-the-rules-of-court-2021/) - Previously in Singapore, when a creditor won a court judgment against a debtor, and the debtor did not follow the judgment’s terms, there were legal avenues to ensure compliance. One such method was through “garnishee proceedings.” In this context, a “garnishee” was a third party who owed money to the judgment debtor. When the court - [Business Structures In Singapore: An Overview Of The Various Entity Types](https://nicolastang.com/business-structures-in-singapore-an-overview-of-the-various-entity-types/) - Singapore’s dynamic economy offers a wide range of opportunities for business ventures. The choice of business structure influences various factors including tax obligations, image and perception among clients and suppliers, the amount of required paperwork, personal liability, borrowing capacity, and the potential for business expansion. Each entity type has distinct characteristics and is governed by - [Legal Guide To Setting Up A Hotel In Singapore](https://nicolastang.com/legal-guide-to-setting-up-a-hotel-in-singapore/) - Regulatory Framework: Understanding the Hotels Act and Relevant Authorities The foundation of Singapore’s hotel industry is the Hotels Act, which outlines the legal requirements for hotel operations. This Act, enforced by the Hotels Licensing Board, stipulates standards for hotel establishment and management. Comprehension of the Hotels Act is crucial for prospective hotel owners to ensure - [Business GST Registration In Singapore: Everything You Need To Know](https://nicolastang.com/business-gst-registration-in-singapore-everything-you-need-to-know/) - Business GST Registration In Singapore In Singapore, Goods and Services Tax (GST) is a fundamental aspect of the business taxation system, mirroring the concept of Value-Added Tax (VAT) prevalent in many other countries. GST is a broad-based consumption tax levied on the import of goods, as well as nearly all supplies of goods and services - [Foreign Sourced Income Taxation In Singapore](https://nicolastang.com/foreign-sourced-income-taxation-in-singapore/) - Singapore’s tax system is predominantly territorial, focusing primarily on income sourced within the country. Under this system, Singapore resident companies are liable for tax on income generated within its borders. However, the taxation of foreign-sourced income, defined as income earned by a Singapore company outside the jurisdiction introduces unique considerations into the tax landscape. The - [Interim Measures in International Arbitration](https://nicolastang.com/interim-measures-in-international-arbitration/) - In the context of arbitration, parties involved in a legal dispute often face the decision of whether to seek interim measures. Interim measures of protection are temporary actions or orders that aim to safeguard the rights or property of one of the parties during the arbitration process. They serve as a kind of stopgap solution, - [Maritime Sector Incentive Singapore – What You Need To Know](https://nicolastang.com/maritime-sector-incentive-singapore-what-you-need-to-know/) - Overview of the Maritime Sector Incentive (MSI) in Singapore The Maritime Sector Incentive (MSI) represents a significant initiative by the Singapore government to bolster the maritime industry. Aimed at encouraging shipping enterprises to establish and expand their operations in Singapore, the MSI offers a range of benefits tailored to different aspects of the maritime business. - [Additional Buyer’s Stamp Duty (ABSD): What Is ABSD In Singapore and Updated Rates (2024)](https://nicolastang.com/additional-buyers-stamp-duty-absd-what-is-absd-in-singapore-and-updated-rates-2024/) - Introduction to Buyer’s Stamp Duty (BSD) and Additional Buyer’s Stamp Duty (ABSD) in Singapore When purchasing property in Singapore, buyers are subject to various statutory costs, among which are the Buyer’s Stamp Duty (BSD) and the Additional Buyer’s Stamp Duty (ABSD). These duties represent significant financial considerations in the property acquisition process. BSD is a - [How to Commence Arbitration](https://nicolastang.com/how-to-commence-arbitration/) - If parties would like to commence arbitration at the Singapore International Arbitration Centre (SIAC), the first step is to ensure that there is a valid arbitration agreement in place. The arbitration agreement should clearly specify the disputes subject to arbitration and indicate that SIAC rules will govern the process. Parties should also check for any - [Tax Incentives For Setting Up Family Offices In Singapore](https://nicolastang.com/tax-incentives-for-setting-up-family-offices-in-singapore/) - Introduction to Family Offices in Singapore Singapore has emerged as a leading destination in Southeast Asia for business and investment opportunities. This development is largely attributed to the proactive and intentional efforts of the Singapore government to establish a conducive business environment through solid corporate laws. The nation’s appeal to High-Net-Worth Individuals (HNWIs) is further - [Breach Of Contract In Singapore: What Are Your Options](https://nicolastang.com/breach-of-contract-in-singapore-what-are-your-options/) - Overview of Contract Law in Singapore Contract law in Singapore is predominantly derived from common law principles. The basis of contract law is that a contract represents a legally binding agreement between two or more parties, with each party agreeing to specific obligations that are enforceable by law. In Singapore, contracts are governed by a - [Hearings in International Arbitration](https://nicolastang.com/hearings-in-international-arbitration/) - The Initial Hearing The initial hearing is often portrayed as an important moment in the arbitration process. During this hearing, the parties involved express their preferences regarding how the case should proceed and how decisions are made. It sets the stage by bringing together the arbitration tribunal and the involved parties. It is also a - [Wrongful/Unfair Dismissal Singapore: A Legal Guide For Employees & Employers](https://nicolastang.com/wrongful-unfair-dismissal-singapore-a-legal-guide-for-employees-employers/) - Legal Framework Of Employment Termination in Singapore Singapore’s employment termination laws are primarily governed by the Employment Act (EA) along with individual employment contracts. The EA sets out the legal framework for the termination of employment, applying to all employees except domestic workers, seafarers, and specific categories excluded by the Minister through a Gazette. Under - [The Role of Expert Witnesses in International Arbitration](https://nicolastang.com/the-role-of-expert-witnesses-in-international-arbitration/) - In recent years, arbitration has gained increasing popularity as a method for resolving international disputes. Given the diverse range of industries involved, such as construction, manufacturing, power supply, cryptocurrency and technology, the significance and prevalence of experts contributing to arbitral proceedings have become more pronounced. Expert witnesses can take on various roles, such as: Technical - [Hong Kong losing edge to Singapore as legal hub? No major shift, ‘stable and robust’ judiciary still strong, says lawyer in John Lee’s delegation to Asean countries](https://nicolastang.com/hong-kong-losing-edge-to-singapore-as-legal-hub-no-major-shift-stable-and-robust-judiciary-still-strong-says-lawyer-in-john-lees-delegation-to-asean-countries/) - Law Society council member Ronald Sum says he will fend off criticism of Hong Kong’s legal system during a week-long trip, which he faced on a previous overseas visit Veteran arbitration lawyer Christopher To dismisses claims that the city is losing out to rival Singapore By Kahon Chan Hong Kong’s legal community voiced confidence in - [(The Straits Times Article Interview) Resolving disputes between customers and suppliers on non-delivery of products/services](https://nicolastang.com/the-straits-times-article-interview-resolving-disputes-between-customers-and-suppliers-on-non-delivery-of-products-services/) - Nicolas was interviewed by The Straits Times today in an article about resolving disputes between customers and suppliers on non-delivery of products/services: Written by: Vihanya Rakshika, Correspondent “Farallon Law Corporation managing director Nicolas Tang said those who find themselves in similar circumstances should keep documents like invoices, quotations, e-mails and screenshots of all correspondence. If the issue goes - [Selecting the Right Arbitrator for Your Case](https://nicolastang.com/selecting-the-right-arbitrator-for-your-case/) - The success of an international arbitration case largely depends on the quality of the arbitrators involved. Arbitrators wield significant power in rendering binding decisions, and the parties involved have limited recourse to challenge or appeal an arbitration decision if the arbitrators fail to fulfil their responsibilities. Hence, the selection of an arbitrator assumes critical importance - [Effective Cross-Examining in International Arbitration: Key Strategies](https://nicolastang.com/effective-cross-examining-in-international-arbitration-key-strategies/) - Cross-examining witnesses in international arbitration involves unique considerations that differentiate it from common law court proceedings. In this context, witnesses typically present written statements as their direct testimony instead of giving live testimony. Unlike traditional court trials that give priority to direct examination, international arbitration hearings place greater emphasis on cross-examination and redirect examination. Should - [Enforcement Procedures of Arbitral Awards in Singapore](https://nicolastang.com/enforcement-procedures-of-arbitral-awards-in-singapore/) - So, you have won the arbitration case, but is it cause for celebration? Winning in arbitration is only part of the equation, because if the other side refuses to comply with the arbitration award, you are then faced with the next stage of the battle, which is that you will need to proceed with enforcement - [Litigation vs Arbitration for Resolving Legal Disputes](https://nicolastang.com/litigation-vs-arbitration-for-resolving-legal-disputes/) - When trying to resolve a dispute, arbitration and litigation stand out as two of the main ways for resolving legal conflicts. Litigation refers to the process of resolving disputes through court proceedings in the jurisdiction where the dispute arises, while international arbitration involves resolving disputes outside of national courts through private adjudication. The article examines - [Investment Treaty Arbitration](https://nicolastang.com/investment-treaty-arbitration/) - Investment treaty arbitration is a formal and binding international dispute resolution mechanism rooted in agreements, or treaties, made between two or more countries. These treaties establish rules for settling disputes concerning investments made by investors from these countries. Notably, they grant investors certain substantive protections and the right to directly file claims against host countries - [(ChannelNewsAsia Article Interview) Anytime Fitness tailgating fee: Can businesses legally enforce such fines?](https://nicolastang.com/channelnewsasia-article-interview-anytime-fitness-tailgating-fee-can-businesses-legally-enforce-such-fines/) - Nicolas was interviewed for this ChannelNewsAsia article: Anytime Fitness tailgating fee: Can businesses legally enforce such fines? Written by: Louisa Tang Two weeks ago, gym chain Anytime Fitness apologised for charging its Bugis outlet member S$60 as a “tailgating fee”. CNA speaks to another member who was also asked to pay a fine and asks - [Moving Your Business From Hong Kong To Singapore: A Legal Guide](https://nicolastang.com/moving-your-business-from-hong-kong-to-singapore-a-legal-guide/) - Understanding the Differences in Legal Landscapes Hong Kong and Singapore share some similarities in their legal systems, as they are both rooted in the English common law tradition. Singapore’s regulations are renowned for their pro-business nature. The city-state consistently ranks high in ease of doing business indices. It’s known for its transparent, streamlined, and efficient - [SIAC Model Arbitration Clause: What You Need To Know](https://nicolastang.com/siac-model-arbitration-clause-what-you-need-to-know/) - The Singapore International Arbitration Centre (SIAC) has established itself as a prominent player in the field of arbitration institutions. It is ranked as the most popular seat in Asia and the second most popular globally, according to a 2021 survey by Queen Mary University of London. SIAC’s caseload has also been consistently increasing, with 469 - [Strategic Considerations: Determining the Number of Arbitrators and Structuring Your Arbitration Clause](https://nicolastang.com/strategic-considerations-determining-the-number-of-arbitrators-and-structuring-your-arbitration-clause/) - In today’s complex legal landscape, the benefits of arbitration over traditional forms of dispute resolution like litigation have become increasingly apparent. Among the numerous advantages it offers, one stands out as paramount: the freedom for parties to handpick a neutral decision maker which they both trust implicitly. This individual holds the key to delivering a - [Jurisdictional Challenges to Arbitral Awards](https://nicolastang.com/jurisdictional-challenges-to-arbitral-awards/) - Introduction In this comprehensive examination, the focus is primarily on procedural issues concerning the validity of arbitral awards as addressed by the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and similar instruments. One of the most common reasons for challenging the validity of an arbitral award is - [Guidelines to Drafting International Arbitration Clauses](https://nicolastang.com/guidelines-to-drafting-international-arbitration-clauses/) - Hastily incorporated arbitration agreements can prove counterproductive, amplifying the time, cost, and intricacy involved in resolving disputes. However, a well-crafted arbitration agreement holds the potential to mitigate these risks. The foundation of any arbitration agreement lies in the mutual consent of all parties involved, selecting arbitration as the preferred means of dispute resolution over state - [HKIAC or SIAC? Comparing Asia’s Premier Arbitration Centres](https://nicolastang.com/hkiac-or-siac-comparing-asias-premier-arbitration-centres/) - When it comes to resolving international disputes in Asia, two prominent arbitration powerhouses, the Hong Kong International Arbitration Centre (HKIAC) and the Singapore International Arbitration Centre (SIAC), stand out. As parties seek an optimal venue for their arbitration matters, it becomes crucial to weigh the pros and cons of each institution. In this article, we - [Do I Need to Engage Arbitration Counsel?](https://nicolastang.com/do-i-need-to-engage-arbitration-counsel/) - Well, the short answer is that it depends. Generally speaking, even though it is cheaper to handle an arbitration case by yourself, because of the unique and often challenging nature of arbitration, parties should consider hiring arbitration counsel to represent their interests. This article will discuss the role of arbitration counsel and the benefits of - [Here’s What To Do If You Receive A “Without Prejudice” Letter](https://nicolastang.com/heres-what-to-do-if-you-receive-a-without-prejudice-letter/) - Introduction A without prejudice letter is a legal term that is usually used to settle legal disputes. These letters are protected by the Evidence Act, which states that such letters cannot be considered evidence in court. This means that if the case goes to court, both parties would not be able to use these letters - [Affidavits in Singapore: A Complete Guide](https://nicolastang.com/affidavits-in-singapore-a-complete-guide/) - Introduction An affidavit is a signed statement that is sworn on oath and has to be made voluntarily without coercion. If found otherwise, the affidavit would be considered invalid. This article will guide you through the process of making an affidavit and what you can expect. What is an affidavit used for? An affidavit is - [Breach Of Fiduciary Duties In Singapore: What You Need To Know](https://nicolastang.com/breach-of-fiduciary-duties-in-singapore-what-you-need-to-know/) - Introduction It is not uncommon to read of corporate directors (or others in positions of power) who violate their fiduciary duties by misusing their influence to earn personal gains. Breach of fiduciary duty can result in financial losses for the organization, as well as a drop in the value of shareholders’ interests. In these situations, - [Tenancy Agreements in Singapore: A Complete Guide](https://nicolastang.com/tenancy-agreements-in-singapore-a-complete-guide/) - Introduction If you are new to the rental sector, the Tenancy Agreement is something you should not overlook. What is a Tenancy Agreement? The scope of the contractual connection between the landlord and the tenant is defined by the tenancy agreement, which specifies each party’s rights and responsibilities with the tenancy. Both the landlord and - [Complete Guide To Incorporating a Company in Singapore](https://nicolastang.com/complete-guide-to-incorporating-a-company-in-singapore/) - Introduction After registering a company, incorporation is usually the next step for foreign companies who wish to do business in Singapore. This article will guide you through the process of Incorporation and what to do or expect. What is meant by Incorporation? Incorporation is the act of developing a new business structure that becomes a - [Minority Shareholder Oppression in Singapore](https://nicolastang.com/minority-shareholder-oppression-in-singapore/) - Overview Minority oppression refers to situations where the majority or equal shareholders of a company use their position to put other shareholders in an unfair position. A claim for minority oppression falls under Section 216 of the Companies Act (Cap. 50) of Singapore. The Singapore High Court recently reiterated that Section 216 has four limbs: - [Letters Of Administration Singapore: A Step by Step Guide](https://nicolastang.com/letters-of-administration-singapore-a-step-by-step-guide/) - Overview If a loved one dies without leaving a will, his or her inheritance will be administered and dispersed according to Singapore’s intestacy rules, which are governed by the Intestate Succession Act (ISA) for non-Muslims and Muslim law for Muslims. Introduction to Letters of Administration A Letter of Administration is a legal document that appoints - [Drink Driving In Singapore: A Law Firm’s Guide](https://nicolastang.com/drink-driving-in-singapore-a-law-firms-guide/) - Introduction Drink driving is the act of driving while intoxicated. Alcohol inhibits a driver’s ability to discern danger and retain full control of the vehicle, thus posing a danger to himself and other road users. In Singapore, an average of one person is killed each month due to drink driving. With alcohol impairing the judgment - [Indemnity Clauses in Singapore Commercial Contracts: A Legal Guide](https://nicolastang.com/indemnity-clauses-in-singapore-commercial-contracts-a-legal-guide/) - Overview An indemnity is a contract between two parties that specifies a type of insurance payout for potential damages or losses. In an indemnity agreement, one party agrees to pay monetary compensation for any prospective losses or damages caused by the other party, as well as to accept legal responsibility for those damages. What is - [Non-Disclosure Agreements In Singapore: A Complete Guide](https://nicolastang.com/non-disclosure-agreements-in-singapore-a-complete-guide/) - Overview Non-Disclosure Agreements (NDAs) are an important legal framework used to protect sensitive information or ideas. They are used commonly by startups or companies who wish to protect their information or ideas from prying eyes. What is a Non-Disclosure Agreement? NDAs are a legally binding contract between 2 parties of concern – the owner of - [Memorandum of Appearance in Singapore: What You Need To Know](https://nicolastang.com/memorandum-of-appearance-in-singapore-what-you-need-to-know/) - Overview A Memorandum of Appearance is a legal document procured in response to an issued Writ of Summons. The person being sued (defendant) can file for a Memorandum of Appearance for Court proceedings. What is a Memorandum of Appearance? A Memorandum of Appearance is a legal document used in civil litigation cases if the defendant - [Non-Compete Clause Singapore: A Legal Standpoint](https://nicolastang.com/non-compete-clause-singapore-a-legal-standpoint/) - What Is A Non-Compete Clause It is a clause that appears in the employment contract drawn between the employer and employee. Purpose of Non-Compete Clause The clause prevents employees from seeking employment in another organisation or engaging in any kind of business in certain markets and geographical locations during a period of time. Its main - [Statutory Declaration Singapore: What You Need To Know](https://nicolastang.com/statutory-declaration-singapore-what-you-need-to-know/) - What is a Statutory Declaration? In Singapore, a statutory declaration is a formal statement made under the Oaths and Declaration Act. It is a declaration of something to be true, made voluntarily about any matter or to fulfil a legal requirement or regulation. A statutory declaration is used as a factual statement while interacting with - [Employment Agreements In Singapore: What You Need To Know](https://nicolastang.com/employment-agreements-in-singapore-what-you-need-to-know/) - Overview Employment agreements are necessary to keep the relationship between an employer and employee in check and to lay out possible dispute resolution options. Without a well-drafted employment agreement, businesses and employees alike may find themselves embroiled in frequent employment disputes. In order for employment agreements to be enforceable, both parties must enter into the - [Injunctions In Singapore: Understanding The Law](https://nicolastang.com/injunctions-in-singapore-understanding-the-law/) - Overview Injunctions are legal instruments in the form of a court order that compels a party to do or refrain from specific acts. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act. An injunction may be temporary, such as an interim - [Power Of Attorney In Singapore: What You Need To Know](https://nicolastang.com/power-of-attorney-in-singapore-what-you-need-to-know/) - What is a Power of Attorney (POA)? A Power of Attorney (POA) is a legal instrument that allows a person (‘donor’) to appoint one or more persons (‘donee(s)’) to manage his affairs on his behalf. A POA document lays out the powers conferred onto the donee, as well as any limitations on this power. A - [Writ Of Seizure and Sale: A Law Firm’s Guide](https://nicolastang.com/writ-of-seizure-and-sale-a-law-firms-guide/) - Writ Of Seizure and Sale: A Law Firm’s Guide Upon receiving a favourable court judgment, the Judgment Creditor can take enforcement action against the Judgement Debtor if he has not complied with the court judgment. Generally in civil cases, when the Judgement Debtor fails to comply with the court judgement, a Writ of Seizure and - [What is the CAD](https://nicolastang.com/what-is-the-cad/) - The Commercial Affairs Department (CAD) is a highly specialised and competent elite unit of the Singapore Police Force that reports to the Ministry of Home Affairs. It is the principal white-collar crime investigation agency in Singapore and is tasked with the investigation of financial and commercial crimes. The most complex financial crimes are handled by - [What is Corruption](https://nicolastang.com/what-is-corruption/) - Corruption is the acceptance or agreement to accept, from any person, any gratification as an inducement or reward for the conferment of a benefit. This gratification, or bribe, can be monetary or non-monetary in nature. For example: Money, gifts, loans, fees, rewards, commissions or other property of any description Any office, employment or contract Any - [The CAD and Offences Under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act](https://nicolastang.com/the-cad-and-offences-under-the-corruption-drug-trafficking-and-other-serious-crimes-confiscation-of-benefits-act/) - The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (“CDSA”) is the primary legislation which criminalises laundering of benefits from serious criminal offences by individuals and legal entities in Singapore. It is also the source of the Singapore Police Force’s (which includes the Commercial Affairs Department (“CAD”) and the Corrupt Practices Investigation - [Cryptocurrency Scams](https://nicolastang.com/cryptocurrency-scams/) - Cryptocurrencies are not legal tender in Singapore. They do not have intrinsic value and are often subject to sharp price swings driven by speculation. Cryptocurrency providers and exchanges in Singapore are regulated by the Monetary Authority of Singapore (“MAS”) and are subject to anti-money laundering and counterterrorist-financing rules. Payment Services Act 2019 Cryptocurrencies are classified - [CAD Has Called Me to Attend an Interview. What Should I Do?](https://nicolastang.com/cad-has-called-me-to-attend-an-interview-what-should-i-do/) - Singapore is a well-established international business hub and the Commercial Affairs Department (“CAD”) works to clamp down abuses to our financial ecosystem. The CAD specialises in investigating white-collar crimes, cases involving money laundering, terrorism financing, as well as cyber-enabled scams on social media and e-commerce websites. If the CAD has contacted you to attend an - [Today Online: Innocent Until Proven Guilty? Not Necessarily So In Society’s Eyes](https://nicolastang.com/today-online-innocent-until-proven-guilty-not-necessarily-so-in-societys-eyes/) - By Louisa Tang SINGAPORE — Mr Tan Kah Heng had banked on his newly opened bubble tea shop to help pay for his younger son’s university education overseas. But his plan was derailed after two of his employees accused him of molesting them. After the two alleged victims filed police reports against him in late-2017, he - [Notice of Arbitration](https://nicolastang.com/notice-of-arbitration/) - Commencing Arbitration Proceedings: Notice of Arbitration A Notice of Arbitration is a document that signifies a party’s intention to refer a dispute to arbitration. It is the first formal step in an arbitration. A simple analogy to a Notice of Arbitration is the Writ of Summons in Singapore’s litigation process, which is a document that - [Service Out of Jurisdiction & Setting Aside Service for Irregularities](https://nicolastang.com/service-out-of-jurisdiction-setting-aside-service-for-irregularities/) - What is Service – A General Overview The word “service”, in the legal context, refers to the delivery of the very first set of court documents (also known as ‘originating process’) to the person who is being sued. For example, A wants to sue B for unpaid debts. A has to engage a lawyer to - [Summary Judgment Or Order 14 Proceedings](https://nicolastang.com/summary-judgment-or-order-14-proceedings/) - What is Summary Judgment or Order 14 proceedings? When a person has been sued (i.e. a defendant) and has: Entered appearance in the lawsuit (i.e. his lawyer has filed a document called a “Memorandum of Appearance” with Court); and Filed and served his defence in the lawsuit (i.e. his lawyer has filed a document called - [Garnishee Proceedings In Singapore – A Lawyer’s Guide](https://nicolastang.com/garnishee-proceedings-in-singapore-a-lawyers-guide/) - What Are Garnishee Proceedings? In Singapore, when a creditor obtains a favourable judgment against a debtor, and the debtor refuses to comply with the judgement, there are a variety of enforcement methods available to the creditor which are typically executed for the creditor by a litigation law firm in Singapore. Garnishee Proceedings are one such method. Here’s - [Startups: Taking In Your First Investment](https://nicolastang.com/startups-taking-in-your-first-investment/) - The Process After a company is incorporated, the founders would typically look to obtain funding to bring their ideas to life. However, creating that minimal viable product to attract potential investors isn’t cheap. Substantial resources would be required to create an initial prototype, such as labour, computers, material, or even specialised equipment. Even if a - [Amendment Of Company Constituition](https://nicolastang.com/amendment-of-company-constituition/) - What is a company constitution? After the introduction of the Companies (Amendment) Act 2014, a company’s memorandum and articles of association (“M&AA”) merged into a single document known as the “Constitution”. Although the company does not need to take any action to “merge” their existing M&AA, most companies have since taken this opportunity to update and amend - [Incorporation Of A Startup Company](https://nicolastang.com/incorporation-of-a-startup-company/) - When founders decide to develop their ideas and turn them into a commercial venture, the first step would be to incorporate a new company. The incorporation of a new company (the “startup”) creates a separate entity from the founders. This enables the company to own property, such as intellectual property rights which would arguably be - [Thinking Like A Venture Capitalist](https://nicolastang.com/thinking-like-a-venture-capitalist/) - “If your business had no risk, you could go get a bank loan and call it a day. VCs like risks – without them, venture capital wouldn’t exist. But they need to be risks that VCs are good at assessing and managing.” – Jose Ferreira, American businessman and entrepreneur. Understanding how VCs do business and - [Restrictive Covenants In Employment Contracts](https://nicolastang.com/restrictive-covenants-in-employment-contracts/) - “Restrictive covenants” are common clauses found in an employment contract where the employee (also known as the “Covenantor”) agrees with the company (the “Covenantee”) to restrict some of the Covenantor’s rights upon the termination of the employment relationship. Restrictive Covenants could also be part of the agreed terms in a Termination Agreement. All restrictive covenants - [Employment Contracts In Singapore – A Complete Guide](https://nicolastang.com/employment-contracts-in-singapore-a-complete-guide/) - A contract of service is an agreement that’s typically created by a law firm in Singapore. that’s entered into between an individual and a company in which the individual agrees to work for the company as an employee and the company agrees to hire the individual as an employee. The employment contract regulates the relationship between - [Enforcing Court Orders & Judgments In Singapore: A Quick Guide](https://nicolastang.com/enforcing-court-orders-judgments-in-singapore-a-quick-guide/) - What is a Court Order and What is a Court Judgment? A court order is usually the result of a motion brought before the court. A judgment is made at the end of a court case. It sets out the rights and obligations of parties and it resolves legal disputes. When is Enforcement of a - [Writ Of Summons Singapore – A Complete Guide](https://nicolastang.com/writ-of-summons-singapore-a-complete-guide/) - Introduction To The Writ Of Summons The writ of summons is a significant legal document in Singapore civil proceedings. It is also known as an originating summons. Its function is to commence such proceedings by informing the defendant that the plaintiff has initiated legal action against them. The parties to a civil matter are usually - [Civil Litigation Lawyer In Singapore – Read This Before Going To Court](https://nicolastang.com/civil-litigation-lawyer-in-singapore-read-this-before-going-to-court/) - What Is Civil Litigation? Civil Litigation refers to the process of taking legal action against another party to pursue a claim. Generally, what defines a matter as civil litigation is the fact that the State is not a party involved in proceedings. To start civil litigation proceedings in Singapore, a plaintiff can commence an action - [Various Courts in the Singapore Legal System](https://nicolastang.com/various-courts-in-the-singapore-legal-system/) - Various Courts in the Singapore Legal System The Singapore Court system consists of several courts to handle cases of varying scope and gravity. This article will provide a short summary of these different courts. Cases that involve a value of claim above S$250,000 are handled by the High Court. In criminal cases, the High Court - [Tips On Choosing A Civil Litigation Lawyer In Singapore](https://nicolastang.com/tips-on-choosing-a-civil-litigation-lawyer-in-singapore/) - There are many civil litigation lawyers in Singapore. Finding any civil litigation lawyer is not difficult. However, finding a good civil litigation lawyer which can deliver results at a reasonable price (and with the least stress) is extremely difficult. Good Civil Litigation Lawyer Let us consider the key attributes of a good civil litigation lawyer: Intelligent - [Top Litigation Lawyers In Singapore](https://nicolastang.com/top-litigation-lawyers-in-singapore/) - Top Litigation Lawyers in Singapore Where can you find the top litigation lawyers in Singapore? While it is true that Senior Counsel are experienced litigation lawyers, and that they are one of the best litigation lawyers, one must note that they are fairly expensive, with rates of S$1,000 upwards per hour. Senior Counsels also need to - [Benefits of Hiring a Law Firm for Debt Collection in Singapore](https://nicolastang.com/benefits-of-hiring-a-law-firm-for-debt-collection-in-singapore/) - One stressful and challenging experience for businesses or individuals is collecting debt. That’s because you need to ensure you collect debts professionally and carefully, which will avoid instances of severing relationships with the debtor. In this informative post, we’ll look at ways a law firm can help you in collecting debts. Lawyers Understand the Process - [A Quick Guide To Engaging A Reliable Lawyer In Singapore](https://nicolastang.com/a-quick-guide-to-engaging-a-reliable-lawyer-in-singapore/) - If you have never engaged a lawyer in Singapore, you will be faced with a myriad of choices and you may face great difficulty in making a decision. This is especially if you are based overseas or have never met a Singapore lawyer before. Should you go to the large law firms, a boutique litigation law - [Commercial Debt Collection And Recovery In Singapore Explained](https://nicolastang.com/commercial-debt-collection-and-recovery-in-singapore-explained/) - The avoidance of a legal obligation to pay for a good or service occurs frequently in the marketplace. If your company has sold goods or provided services but have not been paid, you are not alone. Unfortunately, in the current global economic climate, this situation of customers not paying up is becoming more and more - [Shareholders’ Disputes in Singapore](https://nicolastang.com/shareholders-disputes-in-singapore/) - Shareholders’ Disputes commonly occur in Singapore companies. One of the main reasons is because the shareholders have disagreed on how the business should be managed. Such disagreements and differences manifest themselves in various forms: who should be appointed as director of the Company who should call the shots or run the show as CEO or - [Employee Share Option Schemes in Singapore(ESOS): How do they work?](https://nicolastang.com/employee-share-option-schemes-in-singaporeesos-how-do-they-work/) - An employee share option scheme, employee stock option scheme, or employee stock option plan (ESOS or ESOP) of a Singapore company is a means of offering key employees or consultants the opportunity to acquire shares in the company. Advantages of an Employee Share Option Scheme (ESOS) or Employee Stock Option Plan (ESOP) for Singapore companies - [Defamation in Singapore: A Quick Overview](https://nicolastang.com/defamation-in-singapore-a-quick-overview/) - Defamation is a statement that injures a third party’s reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). The term “libel” is derived from the latin word “libellus” which means “small book or booklet”. How to Successfully Sue a Defamation Lawsuit in Singapore To win a defamation case, a plaintiff must show four things: a false statement - [Letter of Demand Singapore – A Quick Guide & Explanation](https://nicolastang.com/letter-of-demand-singapore-a-quick-guide-explanation/) - What is a Letter of Demand? A letter of demand is a letter from a Singapore law firm setting out certain requests, usually for payment, from the law firm’s client to the recipient of the letter of demand. The letter of demand usually stipulates a time frame for the recipient to comply with the terms of the - [3 Ways To Legally Avoid Co-founder Conflicts](https://nicolastang.com/3-ways-to-legally-avoid-co-founder-conflicts/) - At the start, things seem rosy. A few people come together with a brilliant idea to start a business that will change the world or, at the very least, disrupt an industry. The plan was to introduce something groundbreaking, hopefully, make a fortune, and then ride off into the sunset. But the reality is that - [Mediation in Singapore](https://nicolastang.com/mediation-in-singapore/) - Mediation is a dispute resolution process whereby parties and their lawyers involve a neutral third party to act as a mediator to attempt to help parties reach a mutually acceptable solution. The mediator listens to both parties’ points of view, and attempts to build the parties’ trust in understanding the situation. The mediator then tries - [Franchising and Franchise Agreements in Singapore](https://nicolastang.com/franchising-and-franchise-agreements-in-singapore/) - What is a Franchise? Franchising is simply a method for successful business owners to expand their business and/or to sell and distribute goods and services through a licensing relationship. In franchising, franchisors (a person or company that grants the license to a third party for the conducting of a business under their marks) not only - [Passing On Assets Held In Singapore If You Reside Outside Singapore](https://nicolastang.com/passing-on-assets-held-in-singapore-if-you-reside-outside-singapore/) - With Singapore’s status as an international financial centre and its traditional role as an open port city, there are an increasing number of non-Singaporeans who have worked in Singapore for several years and have accumulated assets whether in the form of money in bank accounts, securities such as shares and bonds or real property such - [Intestate Succession Act Singapore](https://nicolastang.com/intestate-succession-act-singapore/) - When a person dies without a will, the authorities in effecting a distribution of the Estate of the deceased, will apply the following rules: Rule 1If an intestate dies leaving a surviving spouse, no issue and no parent, the spouse shall be entitled to the whole of the estate. Rule 2If an intestate dies leaving a - [Directors’ Duties in Singapore: A Quick Guide](https://nicolastang.com/directors-duties-in-singapore-a-quick-guide/) - Directors of Singapore companies play important roles and responsibilities in the company. Do you know what they are? Having been engaged by various SMEs and larger companies in Singapore as their SME or company lawyer in Singapore, we are able to provide some insight into the matter. 1. Maximising Shareholder Value The first is to maximise ## Pages - [Media & Publications](https://nicolastang.com/media-publications/) - 追债“踩过界” 当心得不偿失 – Lianhe Zaobao, 15 August 2021 -https://www.zaobao.com.sg/news/singapore/story20210815-1182235The Big Read: Accused persons get no sympathy but long proceedings are tough, more so on those not found guilty – ChannelNewsAsia, 19 April 2021 - https://www.todayonline.com/big-read/big-read-accused-persons-get-no-sympathy-long-proceedings-tough-especially-those-eventually-acquitteThe Big Read in short: Innocent until proven guilty? Not necessarily so in society’s eyes – Today, 17 April 2021 - - [More About Nicolas Tang](https://nicolastang.com/more-about-nicolas-tang/) - Singapore (2002) | England and Wales (2006) | New York (2009) | Hong Kong (2009) Nicolas is an Arbitrator at the Hong Kong International Arbitration Centre (HKIAC), Thailand Arbitration Centre (THAC) and Singapore International Arbitration Centre (SIAC). In the mediation arena, he is a Specialist Mediator at the Singapore International Mediation Centre (SIMC), an Accredited Mediator at the - [Education & Qualifications](https://nicolastang.com/education-qualifications/) - Fellow, Chartered Institute of Arbitrators (2020) Mediation Advocate, International Mediation Institute (2020) Level 1 Accredited Mediator, Singapore International Mediation Institute (2020) Diploma in International Commercial Arbitration, University of New South Wales (CiArb) (2019) Strategic Conflict Management for Professionals (Modules 1 and 2), Singapore Mediation Centre (2018) Attorney, New York (2009) Solicitor, Hong Kong SAR (2009) - [Contact](https://nicolastang.com/contact/) - [Practice Areas](https://nicolastang.com/practice-areas/) - Civil Litigation Employment Law International Arbitration Criminal Law International Mediation Commercial Law Corporate Law - [Experience](https://nicolastang.com/experience/) - Experience Civil and Commercial Litigation Nicolas has represented corporations, individuals, founders, start-ups, SMEs, listed companies, financial institutions and MNCs in civil and commercial litigation matters. Representative matters include: Singapore Clients recovery of losses and investments in private equity funds, Singapore companies and cryptocurrencies minority shareholders for minority oppression claims under s216 Companies Act against the - [About](https://nicolastang.com/about/) - Nicolas Tang - A Versatile Legal Professional in Arbitration and MediationNicolas is a highly skilled legal professional with extensive experience in the fields of arbitration and mediation. He holds prestigious positions as an Arbitrator at the Hong Kong International Arbitration Centre (HKIAC), Thailand Arbitration Centre (THAC) and a Reserve Panel Arbitrator at the Singapore International ## Categories - [Blog](https://nicolastang.com/category/blog/) - Your blog category - [Videos](https://nicolastang.com/category/blog/videos/)