Yong Pung How School of Law

This SMU-X course will give SMU law students opportunities to work one-on-one with graduate mentors to produce high-quality case commentaries or shorter-form legal articles, with an aspirational goal of publication. As well as enhancing their legal knowledge, students will hone their writing and editing skills, and learn to communicate their analysis in a manner which is helpful to both lawyers and non-lawyers. This will also help students develop their body of work as they move from school into practice. Students should propose their own ideas (ideally involving issues of practical significance, analysis of which would be helpful to practitioners and/or the general public), so that they can be matched with a mentor with the appropriate expertise. 

Students will work closely together with their graduate mentor on their commentaries or articles, crafting their work and receiving feedback and comments on a pre-agreed schedule. Students can also build up their networking skills through these mentorships. At the end of the course, students will have produced one case commentary or article of around 6,000 words. The students can submit their papers to SMU Lexicon or other forums. (Publication is not a requirement for the course grade, but the course will help you towards that goal.)

This course aims to provide students with an introduction to the legal practice of banking and finance. In particular, this course is designed to give students a flavour of what life is like as a transactional lawyer working on a general banking transaction. Over the weeks, students will be walked through the lifecycle of a fictitious watered-down financing transaction. As the transaction progresses, students will gradually be introduced to the various financing legal documents (eg, term sheets, loan facility agreements, corporate authorisations) and their key clauses. Crucially, students will also step into the shoes of lender’s counsel and be given several opportunities to “hold the pen” – students will be tasked to take instructions from their clients and draft/review certain financing legal documents. 

Finally, students will participate and lead an all-parties call to iron out the outstanding issues blocking the transaction from closing. Through this course, students will have the opportunity to both gain insights on transactional lawyering, as well as learn practical skills that will better prepare students to transition to their upcoming lives as practice trainees and junior associates. Moreover, while this course is conducted in the context of banking and finance, the practical skills taught in this course will nonetheless be largely applicable to other fields of transactional law, including but not limited to mergers and acquisitions, investment funds, capital markets etc.

The energy industry is a significant player in the international dispute resolution sphere, spanning across investor-state, public international law, commercial and construction related disputes. The course seeks to equip students with a broad understanding of issues relating to energy contracts and disputes, from both a substantive and practical perspective, viewed through the lifecycle of typical energy projects. This course will therefore be highly relevant to both aspiring transactional and dispute resolution lawyers, and qualifies as a capstone course for the Dispute Resolution track at the School of Law. Participants will be introduced to the key features of energy projects and investments, the parties involved, and some of the unique characteristics of disputes arising in the energy sector. 

On disputes, the course also involves a study of both commercial and investor-state arbitration, investment protection treaties and instruments in the energy sector, and related case law in international arbitration arising therefrom. Participants will then gain an understanding of the various strategic considerations on handling cross-border energy disputes, including how to prevent them from the outset, and managing a dispute across each stage of the dispute resolution process. The course will involve leading practitioners who will share practical perspectives on the intersection between commercial and legal considerations. Participants will apply their knowledge through class presentations and group discussions.

This course seeks to provide a comprehensive understanding of the legal and financial aspects of corporate transactions, with a particular focus on Initial Public Offerings (IPOs), mergers and acquisitions, going private transactions, private equity, venture capital, project finance, and corporate restructuring. It will also analyse the role of transactional lawyers when advising private companies and different actors in capital markets, including listed companies, hedge funds, institutional investors and boards of directors. 

The course starts by providing a background on the role and function of transactional lawyers, as well as the intuition and skillset that transactional lawyers need to possess to effectively advise clients in an increasingly complex, changing and global world. It will then analyse, from an interdisciplinary perspective, a variety of corporate transactions, including some major deals and corporate disputes that have taken place in the past decade. 

The course will conclude by examining how technologies are reshaping corporate transactions, with particular emphasis on the use of AI and data analytics tools by law firms as well as the rise of technology-based fundraising methods such as Initial Coin Offerings.

Arbitral institutions are important stakeholders in the field of international arbitration, but the nature and importance of their role have often been overlooked. The course seeks to introduce participants to the role and function of arbitral institutions in guiding and shaping the practice and development of international arbitration, and to the complex issues that arbitral institutions face in the administration of arbitrations, including, among others, the appointment of arbitrators and the issuance of arbitral rules and practice notes. In this connection, SIAC has grown to be one of the most popular arbitral institutions not just in Asia, but the world. 

The course involves a study of SIAC processes as well as related case law emanating therefrom. Participants will learn not just what the relevant rules, procedures and processes are, but more importantly, participants will gain insight into why those rules exist, and how those rules are implemented in practice. Participants will be taught by experienced guest instructors from the Singapore International Arbitration Centre (SIAC) and by other leading arbitration practitioners, who will share their unique, practical perspectives on administering or advancing a particular case. After each session involving SIAC instructors, participants will solidify their understanding through a review of case law and class presentations. Participants keen on developing a practice in international dispute resolution will find this course of direct relevance.

With its rising economic clout, Asia has become a magnet for firms from around the world. While the ever-expanding Asian market provides endless opportunities, many businesses find that the Asian legal systems present a big challenge to their investment in or trade with Asian countries. Deeply influenced by diverse legal traditions, Asian legal systems that exist today also bears heavy marks left by the Civil Law system, the Socialist ideology, as well as the Common Law system in its commercial law. Thus, the Asian legal systems appear unique and complicated. 

This course aims to help the students to gain an insider’s perspective of one of the most important nations in the world today, with a special emphasis on its legal systems. In addition to the doctrinal studies on key areas in the Asian legal systems, the course, under the Overseas Project Experience (Law in Asia) model, will also expose the students to its practical operations through project-based consultancy with our Asian partners and a week-long field trip in a particular Asian jurisdiction. Through this course, the students will not only grasp the basic contours of the Asian legal systems, but also gain hands-on experience by working with Asian legal practitioners to solve real-world legal issues.

The overseas trip is expected to take place between Week 17 - 20 (depending on overseas partners), during which students are expected to finalize their final project.Note for graduating students: If you are taking this course in Term 1, you will graduate in Term 2 instead of Term 1 (This will not affect your commencement ceremony). If you are taking this course in Term 2, you will graduate in Term 3A instead of Term 2 (This will not affect your commencement ceremony).

In this course, students will be introduced to topics on “equal access to justice” and how digital technology can assist to bridge the gap for those who lack access to the resources that could help meet their legal needs. Students will work in groups for one or more legal aid organisations or public agencies in Singapore to design and develop a solution that will improve access to justice or the effectiveness of legal representation. Depending on the type of application chosen for the project work, students will learn one or more of the following areas: 

(a) document assembly and expert systems; 

(b) chatbots; 

(c) machine learning and natural language processing; 

(d) data analysis and visualisation; 

(e) cloud computing services; 

(f) search and information retrieval search and information retrieval. 

At the end of the term, the groups will showcase their solutions and compete for the opportunity to represent SMU at the Iron Tech Lawyer Invitational international competition (https://www.georgetowntech.org/irontechlawyer). 

This course will explore the legal system of Taiwan, officially known as the Republic of China (ROC), as well as its external relations with key trading partners such as ASEAN countries. Taiwan was ceded to Japan by the Qing Dynasty under the Treaty of Shimonoseki in 1895. The ROC was established in 1912 following the overthrow of the Qing Dynasty. According to the Cairo Declaration, the ROC resumed control of Taiwan after the Second World War. In 1949, following its defeat in the civil war by the Chinese Communist Party, which established the People’s Republic of China (PRC), the ROC government relocated to Taipei. In 1971, United Nations General Assembly Resolution 2758 transferred China’s seat from the ROC to the PRC, contributing to Taiwan’s unique status under international law.

Taiwan’s legal system is based on the ROC Constitution promulgated in 1947. The ROC implemented the Chinese legal system in Taiwan, which had been influenced by Japan during its administration. Germany and the United States have also significantly influenced Taiwan’s legal development, particularly in constitutional, civil and commercial law. The Legislative Yuan (Parliament) is Taiwan’s unicameral legislature. The Constitutional Court of the Judicial Yuan holds the power to interpret the Constitution. The Executive Yuan serves as the executive branch, with the Premier appointed by the President, who is elected every four years by universal suffrage. 

Today, Taiwan ranks among the largest Asian economies and operates as a vibrant democracy under a two-party system.In this SMU-X course, students will examine various aspects of Taiwanese law and explore Taiwan’s legal relationships with China, the EU, Singapore and the United States. They will gain practical experience by working with lawyers and legal counsel to address real-world legal challenges.

Please note: Supported by the Taiwan Studies Project Grant from the ROC Ministry of Education, this course does not include an overseas trip and does not fulfil SMU’s global exposure requirement. However, students will interact and engage in projects with legal and policy experts specialising in EU–ASEAN law and relations. The course will also incorporate SMU’s blended learning approach, which may include some online sessions.

This course will explore interdisciplinary issues in EU-ASEAN law and relations. The EU and ASEAN are among the world’s most advanced regional structures, representing distinct models of integration. Since the 1980s, the evolution of EU-ASEAN relations has offered valuable insights into the multifaceted concept of interregionalism in international law and relations. ASEAN became a priority in the EU’s Asia policy agenda following the Treaty of Lisbon, and the European Commission’s 2015 “Trade for All” strategy articulated an ASEAN approach based on individual agreements, culminating in a region-to-region framework. The recent conclusion of the EU’s trade and investment agreements with Singapore and Vietnam reinforces this incremental approach towards realising the EU-ASEAN free trade agreement.

Amidst China’s changing status, the impasse in WTO negotiations, and the COVID-19 pandemic, EU-ASEAN legal frameworks and relations have gained prominence on the global stage. In 2020, the two blocs upgraded their “Dialogue Partnership” to a “Strategic Partnership,” which aimed at enhancing economic and security cooperation, sustainable connectivity, and development. In 2021, the EU’s Indo-Pacific strategy underscored its engagement with the ASEAN-led regional architecture, particularly in light of the economic and political impact of the CPTPP and RCEP.In this SMU-X course, students will explore EU and ASEAN institutions and examine the EU’s new Indo-Pacific strategy from legal and political perspectives. 

The course will specifically evaluate EU-ASEAN economic agreements and focus on cutting-edge areas such as trade and investment liberalisation, AI and digital trade, and sustainable development. Students will gain practical experience by collaborating with legal and policy experts to tackle real-world challenges.Please note: This course does not include an overseas trip and does not meet SMU’s global exposure requirement. However, students will visit EU and/or ASEAN institutions in Singapore and engage in projects with legal and policy experts specialising in EU-ASEAN law and relations. The course will also incorporate SMU’s blended learning approach, which may include some online sessions. The grade will be on a pass/fail basis.

This is the course to take if students are interested in representing SMU in the best international moot competitions. It will be an intensive course held over half of the first semester, and admission is by approval of the course convenor only. This course exposes students to advanced legal research, writing and appellate advocacy skills. Students will be given a hypothetical moot problem on international law and will have to make oral and written submissions by the end of the course. Those who excel in this course will be selected to participate in moot competitions in the second semester.