MAS Consults on Operationalising the Changes to the Securities and Futures Act    

The MAS has suggested that an entity that operates a facility to match trades in respect of products that are not exchange traded derivatives contracts will be regarded as an organised market. These are among the proposals in its consultation paper issued on 28 April 2017 that seek to operationalize the amendments that will be made by the Securities and Futures (Amendment) Act 2017.

Read MAS Consults on Operationalising the Changes to the Securities and Futures Act

Clause permitting election to arbitrate upheld as valid; but dispute outside its scope where no election was made 

In Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal upheld the validity of a clause that gave one party a right to elect to arbitrate.  However, it ruled that, where the party with the right to elect to arbitrate elects to resolve the parties’ dispute through litigation and not arbitration, by virtue of this election the dispute falls outside the arbitration agreement. Accordingly, it refused the applicant’s request to stay the litigation proceedings.

Read Clause permitting election to arbitrate upheld as valid; but dispute outside its scope where no election was made