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2018 UNCITRAL Emergence Conference

Reading time: 5 minutes

Interview by Amelia Chew & Ng Sock Cheng | Edited by Irene Ng

Interview with Luca Castellani, Secretary of the United Nations Commission on International Trade Law (UNCITRAL) Working Group IV (Electronic Commerce)1

The Emergence Conference 2018, jointly hosted by the UNCITRAL Regional Centre for Asia and the Pacific and the Asian Business Law Institute (ABLI), took place on 25 July 2018 in Singapore.

The conference took stock of emerging global and regional developments relating to the harmonization and convergence of international trade and commercial law, with a focus on their impact on regionalisation, especially for Asia. It provided a platform for experts and scholars to examine the impact of these developments and to consider various areas of political interest for UNCITRAL and ABLI from a regional perspective.

We sat down with for a chat with Luca Castellani, a legal officer in the Secretariat of the UNCITRAL, where he discharges the functions of secretary of UNCITRAL Working Group IV (Electronic Commerce) and promotes the adoption and uniform interpretation of UNCITRAL texts relating to sale of goods and electronic commerce.

What are your views on the discussions held at the Emergence Conference today?

This is the third such conference we’ve had and the first of its kind in Singapore. The goal of this conference is to elicit new views on different aspects of international trade law and international business transaction laws. I find it very interesting and particularly useful that many of the presentations are related to current developments in business and law. These presentations are welcome as they are not mere speculations and have practical application in the real world.

Joint Call For Papers Law x Technology: Transforming the face of the Law

Reading time: 2 minutesTechnology disrupts for the better of those prepared. Legal practice is hardly impervious to the implications that technology brings. The advent of blockchain and machine learning technologies is an opportunity, and a potential cost if not pursued. Conversely, the use of technology is equally subject to legal regimes and institutions. Developing a sensitivity to the mutual interaction of the two forces is of utmost urgency as governments and peoples search for a firm footing.

The Singapore Law Review (“SLR”), Asia’s oldest student-run legal publication, and LawTech.Asia, Southeast Asia’s foremost law and technology review, are collaborating on a special issue of the Singapore Law Review journal and LawTech.Asia online publication on the theme “Law x Technology: Transforming the face of the Law”.

TechLaw.Fest 2018 – Meeting Where It Matters

Reading time: 7 minutesWritten by Josh Lee | Edited by Amelia Chew

LawTech.Asia had the privilege of being a media partner for TechLaw.Fest 2018. The inaugural TechLaw.Fest, held from 4 to 6 April 2018, saw the convergence of more than 1,000 legal professionals, technologists, entrepreneurs and regulators to participate in critical conversations about the future of the legal community. This article shares some of the common themes that emerged across the three days of TechLaw.Fest, highlighting the state of legal technology in Singapore and situating its development in Southeast Asia and the world.

Keynote address by Mr Brad Smith (President and Chief Legal Officer, Microsoft) at the Law of Tech Conference, TechLaw.Fest 2018 (Photo credit: Singapore Academy of Law)

The state of law and technology in Singapore

In recent years, there has been a growing buzz around law and technology in Singapore. In his opening address at the Law of Tech Conference, Minister-in-Charge of the Smart Nation initiative Dr Vivian Balakrishnan highlighted seven major technology trends making a global impact today:

  1. Declining marginal cost of replicating, storing and transmitting information;
  2. Declining marginal cost of computing;
  3. Accelerated clock speed of technology;
  4. Wide deployment of sensors leading to an explosion of data;
  5. Increasing capacity to analyse data;
  6. Disruption caused by robotics; and
  7. Progress in artificial intelligence.

Minister Balakrishnan observed that these technological trends “interact and catalyse virtual cycles, feeding and accelerating one another”. The interaction and reinforcement of these trends have political and socio-economic ramifications, such as the creation of echo chambers and filter bubbles that threaten to disrupt the fabric of society.

TechLaw.Fest Quick Chats: Yeong Zee Kin, PDPC

Reading time: 4 minutesInterview by Josh Lee | Edited by Amelia Chew

LawTech.Asia had the privilege of being a media partner for TechLaw.Fest 2018. The inaugural TechLaw.Fest held from 4 to 6 April 2018 saw the convergence of legal professionals, technologists, entrepreneurs and policy makers, conversant and passionate about Technology Law and Legal Technology, coming together to discuss the future of Singapore’s technology scene. During TechLaw.Fest, the LawTech.Asia team met with various speakers, exhibitors and attendees to learn more about the work that they do and their experience at the conference.

LawTech.Asia sat down for a chat with Yeong Zee Kin, Assistant Chief Executive of the Infocomm Media Development Authority (IMDA) and Deputy Commissioner of the Personal Data Protection Commission (PDPC). Zee Kin was a panelist on the Smart Regulation for a Smart Nation panel and the chairperson of the Legal Issues in Legal Tech panel.

Having participated in two panels over the course of TechLaw.Fest 2018, what were some of your key takeaways from the two panels that you were in?

Both panels revolved around the same theme but we approached it from different directions. The first panel (“Smart Regulation for a Smart Nation”) approached it from the perspective of the regulator and examined what kind of regulations are required. This panel focused more on potential regulatory models and discussed different perspectives of how regulatory sandboxes are used. The FinTech Regulatory Sandbox by the Monetary Authority of Singapore (MAS) is one such regime that allows for the ability to control license terms. There are some guidelines that we can potentially look to, such as the materiality test for determining when the risk becomes material and regulation should kick in.

UNCITRAL E-Commerce Law 2.0: Blockchain and Smart Contracts

Reading time: 10 minutesGuest Post by Irene Ng

Irene Ng is a Fellow at the Stanford-Vienna Transatlantic Technology Law Forum and a Ph.D. Candidate at the University of Vienna. On March 17, 2018, Irene shared about how UNCITRAL e-commerce texts can interact with blockchain and smart contracts at the Computational Law & Blockchain Festival, Singapore Node. The following post is a summary of her presentation and answer to some queries that were asked.

1. What is UNCITRAL?

UNCITRAL stands for the United Nations Commission for International Trade Law. It is the main body of the United Nations that aims to promote trade amongst states through modernizing and harmonizing rules for international commerce. UNCITRAL has undertaken work in a wide range of commercial law issues, such as micro, small and medium enterprises (MSMEs), arbitration and conciliation, investor-state dispute settlement reform, electronic commerce, insolvency law, security interests and international sale of goods.

2. What are UNCITRAL E-Commerce Texts and how are they related to Singapore’s e-commerce laws?

In the field of e-commerce, UNCITRAL has released four texts in the last two decades or so. The first legislative text was the Model Law on Electronic Commerce (1996). Subsequently, UNCITRAL released the Model Law on Electronic Signatures (2001), the Electronic Communications Convention (2005), and, more recently, the Model Law on Electronic Transferable Records (2017). These texts intend to facilitate e-commerce transactions by establishing rules to allow the electronic equivalent of paper-based documents to be legally recognised, thereby removing obstacles encountered by the use of electronic means.

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