Academic and Professional Qualifications:

Hebrew University (Jerusalem), Faculty of Law, final year examinations in 1956; Master's dissertation 1958; M.Jur. (Jerusalem), conferred : 1959 Advocate, Israel, called in December 1958, but - due to absence from Israel - withdrew in 1974. St Catherine's College, Oxford University, in residence October 1959 - April 1961 and November 1963 - June 1964; D. Phil. (Oxon.) 1964. Advocate and Solicitor, Singapore 1999 {having been approved as a 'qualified person' under section 7 of the Legal Profession Act and having completed six months of pupillage}.

Professional History:

Articled Clerk, Law Firm of Israel Bar-Shira in Tel Aviv, 1956 - 1958. Private practice in Tel-Aviv, January - June 1959. University of Singapore, Faculty of Law: Assistant Lecturer 1961 - 1963; Lecturer 1963 - 1965; Senior Lecturer 1965 - 1966. Victoria University of Wellington, Faculty of Law - Professor of Law 1967 - 1977; Head, Department of English and New Zealand Law 1973 - 1977. Monash University, Faculty of Law - Sir John Barry Professor of Law 1977 - 1986; Associate Dean 1982. National University of Singapore, Faculty of Law - Professor of Law 1986 - 1998; Professorial Fellow 1998 - Present; Emeritus Professor - 14 September 1998 - present. Consultant, Rajah & Tann 1998 - Present (pupillage in 1998). Visiting Professorships: Queen's University of Belfast 1972 (one term); Humboldt Fellow; Albert Ludwig University, Freiburg I. Br. 1974; National University of Singapore 1981 - 1982 (11 months); School of Economics Stockholm 1988; Falconbridge Visiting Professor, Osgoode Hall Law School (Toronto), October 1989; Visiting Fellow, Max Planck Institute of Comparative Law (Hamburg), May - August 1990.

Areas of Specialisation:

Commercial law, with emphasis on Banking Law; International Banking Law; International Trade; Credit and Security and Law Reform. Delivered lectures and conducted seminars and workshops in Australia (all major towns; under the auspices of, inter alia, the Commercial Law Association, the Association of Banking Lawyers; and the Monash Centre of Commercial Law); New Zealand (Auckland and Wellington); London (Institute of Bankers, Comparative Law Association and I.B.L.); Singapore (to individual banks; workshops and conferences organised by the Faculty and Institute of Banking and Finance); Kuala Lumpur (individual banks; the I.B.F. - Malaysia and Asean Banking Council); Hong Kong (Banking Law Institute, New York); Toronto (Annual Workshop of Commercial Law; Osgoode Hall) and in West Germany (Humboldt Foundation and C.I.F Bielefled). Recommended the introduction of and was one of the planners of the series of International Trade Law Conferences conducted by National University of Singapore.

Other Related Activities:

1. General Editor, University of Malaya Law Review, 1963 - 1966. 2. Convenor of the Editorial Committee (1968 - 1969) and General Editor (1970 - 1971) of the New Zealand Universities Law Review. 3. Member of the Contract and Commercial Law Reform Committee (appointed by the Minister of Justice of New Zealand) 1967 - 1977. 4. Head of team of the Law Faculty of Victoria University appointed by the South Pacific Bureau for Economic Co-operation to revise and harmonise the commercial law within the region 1974 - 1977. (Drafted model Bills of Exchange Act and Sale of Goods Act). 5. Member of the Chief Justice's Law Reform Committee, Victoria, Australia 1980 - 1981. 6. Member of the Banking, Finance and Consumer Credit Committee of the Law Council of Australia 1982 - 1986. 7. Member of the Publications Committee of the Academy of Law 1993 - 1998. 8. Membership of Editorial Boards and Committee - (a) Australian Business Law Review 1972 - Present. (b) Member of the Attorney General's Ad Hoc Committee reviewing the establishment of a Centre of International Arbitration in Singapore 1988. (c) Transnational Studies of Commercial Law (Bielefeld University) 1979 - Present. (d) Lloyds Maritime and Commercial Law Quarterly (UK) 1984 - Present. (e) Journal of Business Law (UK) 1984 - Present (Co-editor of Banking section). (f) Banking and Finance Law Review (Canada) 1986 - Present. (g) International Trade and Business Law Journal (Queensland) 1994 - Present. (h) Letters of Credit Insight (ICC) - 1995 - Present. (i) Documentary Credit World (US) - 1997 - Present. 9. Door Tenant; (i) 4 - 5, Gray's Inn Square; London, 1988 - October 2000; (ii) 3 - 4 South Square; London, 2001 - Present. 10. Member of the Board of International Scholars of the Banking and Financial Law Unit and the Institute of Banking, Finance and Development of QMC's Centre for Commercial Law Studies, 1995 - Present. 11. In relation to Arbitration - (a) Fellow, Singapore Institute of Arbitrators 1987 - 1999. (b) Accredited Arbitrator, Singapore International Arbitration Centre 1993 - Present (c) Submitted Expert Witness Reports in international arbitrations (d) Acted as Sole Arbitrator in a substantial franchising dispute involving parties from the Philippines and Malaysia. Award delivered in 1998

Professional Background: Brief Overview:

My first position as a law teacher was at the Faculty of Law of the University of Singapore (1961 - 1966). During the last two years of this period I was the General Editor of the Malaya Law Review and, for a short while, the Acting Head of the Law Department. Thereafter I held Chairs of Law at the Victoria University of Wellington (1967 - 1976) and at Monash University (1977 - 1986). In 1986 I accepted the post of a Professor of Law at National University of Singapore. Throughout my teaching career, my courses (both in LL.B. and LL.M. programmes) were predominantly in the area of banking law and related commercial law subjects. Following my retirement from my Chair, I was appointed Consultant at Rajah & Tann as well as a Professorial Fellow (a part-time post) at the National University of Singapore. On 14 September 1998, I was constituted an Emeritus Professorship by the National University of Singapore. From the beginning of my career, I specialised in commercial law with particular emphasis on banking law. My books in this field are Documentary Letters of Credit - A Comparative Study (published by the University of Singapore Press 1970); the chapter on negotiable instruments and banking in Chitty on Contracts; the chapters on the financing of international sales in Benjamin's Sale of Goods and, most recently, Modern Banking Law, published by OUP at the Clarendon Press (co-authored by Professor Eva Lomnicka of King's College, London, 3rd Edition and Richard Hoolet of Cambridge University to appear in February 2002). Over the years, I have also acquired an extensive experience in opinion work and drafting of documents, especially in the field of banking law (both domestic and international, with emphasis on international trade law including the law of letters of credit) and some experience in commercial arbitration. I have done work for law firms in Australia, Britain, Hong Kong, Malaysia, New Zealand, Singapore and also Austria and Germany. I also have experience as expert witness in matters of international banking law and practice (especially in cases pertaining to documentary letters of credit).

List of Publications:

Books and Book-Length Chapters in Co-Authored Books 1. Documentary Letters of Credit - A Comparative Study (revised D. Phil. thesis, comparing English, American, French and German law); University of Singapore Press, 1970, li + 389 pp. 2. "Bills of Exchange and Banking" being Chapter 3 of Vol. 2 of Chitty on Contracts; London, Sweet and Maxwell : 23rd ed., 1968, pp. 162 - 242; 24th ed., 1977, p. 135 - 278; 25th ed., 1983, pp. 2451 - 2588; 26th ed., 1989, pp. 179 - 390; 27th ed, 1994, [Chap. 33], pp. 173 - 391, 27th ed. 1999, [Chap. 33], pp. 170 - 379; 28th ed., 1999, [Chap. 34], pp. 169-376 (in Vol. 2) {1st Supp. to appear shortly}. 3. Chapters on the Financing of Sales by Banking Devices in Benjamin's Sale of Goods; London, Sweet and Maxwell: 1974 ed., Chaps 22 - 25, pp. 968 - 1155; 2nd ed., 1981, Chaps 22 - 24 [chapter on exchange control having become redundant], pp. 1077 - 1262; 3rd ed., 1987, Chaps 22 - 24, pp. 1371 - 1516; 4th ed., 1992, Chaps 22 - 24, pp. 1375 - 1619; 5th ed. 1997, Chaps 22 - 24, pp. 1569 - 1837; 6th ed. to appear in 2003. 4. Modern Banking Law; OUP at the Clarendon Press, 1987; 1xv + 616 pp. (2nd impression 1989); 2nd ed. 1994; lxxvii + 756 (in collaboration with Professor Eva Lomnicka of King's College London); (3rd edition in collaboration with Professor Eva Lomnicka and Richard Hooley to appear in March 2003). 5. Negotiable Instruments; being chapter 4 in Vol. IX of the Encyclopedia of Comparative Law, published by the Max-Planck Institute of Comparative Law in Hamburg; 2000; 192 pp. Shorter Chapters and Articles in Books 1. Chap 12 - "Banking" (New Zealand Section) in Halsbury's Laws of England; Australia and New Zealand Commentary; 4th ed., 1976; pp. 1 - 38. 2. Chap 3 on "Banking Law and Practice" in Annual Survey of Law; Melbourne, 1979, pp. 45 - 75. 3. Chap 17 on "Banking Law and Practice" in Annual Survey of Law; Melbourne, 1980, pp. 462 - 491. 4. "Letters of Credit" in Transnational Law of International Commercial Transactions; (Horn & Schmitthoff, Eds.); Bielefeld, Vol. 2, 1982, pp. 242 - 273. 5. Chap 17 on "Banking Law and Practice" in Annual Survey of Law; Melbourne, 1982, pp. 281 - 305. 6. "Documentary Credits and Fraudulent Transactions" in Current Problems of International Trade Financing; Singapore International Business Law Series, Vol. 1, 1983, pp. 185 - 234 (revised for 2nd ed., 1990, pp. 139 - 187). 7. "Aspekte des Antitrust Law in Australien," in Internationales Privatrecht und Wirtschaft; Bonn, Humboldt Foundation Symposium, 1984, pp. 210 - 227. 8. "Electronic Fund Transfers in an Immediate Payment System", in Electronic Banking - the Legal Implications (Ed., Goode); London, Institute of Bankers, 1985, pp. 29 - 44. 9. "Some Defences for Wrongful Payments by Banks," in Butterworth's Banking & Financial Law Review 1987; London, 1987, pp. 39 - 60. 10. "Extraterritorial Aspects of Banking and Corporate Financial Operations," in Current Developments in International Banking and Corporate Finance; Singapore International Business Law Series; Vol. 4, 1988, pp. 231 - 237. 11. "Law of Letters of Credit", in Law of International Trade Finance (Horn Ed.); Deventer 1989, pp. 203 - 226. 12. "Banking and Securities" in Review of Judicial and Legal Reform in Singapore between 1990 and 1995; Singapore 1996; pp. 403 - 446. 13. "Modern Trends in Banking Law" in Contemporary Issues in Commercial Law (Liber Amicorum Professor A.G. Guest), London 1997, pp. 39 - 61. 14. "The Doctrine of Strict Compliance: its Development and Current Construction" in Lex Marcatoria (Festschrift in Honour of Francis Reynolds), London 2000, Chap. 10, pp. 187-199 (re-printed in Annual Survey of Letter of Credit Law and Practice (N.Y. 2001), pp. 64-72. Contributions to Legal Periodicals 1. "Does an Irrevocable Credit Constitute Absolute Payment - Saffron v. Sociètè Minieré Cafrika," (1961) 24 Modern Law Review 530 - 533. 2. "The Autonomy of Letters of Credit", (1962) 4 Malaya Law Review 307 - 311. 3. "Privity of Contract under Section 56(1) of the Law of Property Act 1925", (1963) 26 Modern Law Review 24 - 53. 4. "Protection of Collecting Banker - Orbit Mining and Trading Co v Westminster Bank Ltd., (1963) 5 Malaya Law Review 174 - 177. 5. "Protection of Discounting Banker - Reduction of Overdraft", (1963) 5 Malaya Law Review 178 - 179. 6. "Irregular Indorsements", (1963) 5 Malaya Law Review 406 - 407. 7. "Letter of Credit : Buyer's Action against Confirming Banker - Dulien Steel Products Inc v Bankers' Trust Co.", (1963) 26 Modern Law Review 713 - 718. 8. "Strict Compliance with Terms of a Documentary Credit - Overseas Union Bank Ltd v Chua Teng Hwee", (1964) 6 Malaya Law Review 417 - 424. 9. "The Tender of Fraudulent Documents under Documentary Letters of Credit", (1965) 7 Malaya Law Review 24 - 53. 10. "The Relationship between Buyer and Banker under Documentary Letters of Credit," (1965) 7 University of Western Australia Law Review 40 - 70 (later published as chapter of my first book). 11. "Buyer's Remedies when Seller does not have Right to Sell Goods", (1968) 5 Victoria University of Wellington Law Review 279 - 308. 12. "The Hire Purchase and Credit Sales Stabilisation Regulations", (1969) 4 New Zealand Universities Law Review 279 - 308. 13. "Travellers' Cheques and the Law", (1969) 19 University of Toronto Law Journal 132 - 156. 14. "Payment and Collection of Cheques", (1970) 9 University of Western Australia Law Review 101 - 145. 15. "Transitory Finance" (with A.H. Angelo), (1973) 4 Journal of Maritime Law and Commerce (US) 543 - 576. 16. "Chattels Securities in New Zealand 1843 - 1887" (with L McKay) (1974) 3 Otago Law Review 153 - 180. 17. "New Zealand Newsletter" in Australian Business Law Review (with D.W. McLauchlan); contributed regularly during 1973 - 1977. 18. "Does an Irrevocable Credit Constitute Payment - Maran Road Saw Mill v Austin Taylor & Co.", (1977) 40 Modern Law Review 91 - 96. 19. "Securitibank's Collapse and the Commercial Bills Market of New Zealand," (1978) 20 Malaya Law Review 84 - 110. 20. "Standby and Performance Credits", (1978) 6 International Business Lawyer 604 - 640. 21. "Legal Research - Techniques and Ideas" (with K J Keith), (1979) 10 Victoria University of Wellington Law Review 1 - 18. 22. "Problems of Standby Credits in Australia", (1979) 11 Commercial Law Association's Bulletin 99 - 106. 23. "Unconscionable Contracts - A Comparative Study" (with A H Angelo), (1979) 4 Otago Law Review 300 - 339. 24. "International Negotiable Instruments" (comment), [1979] Papers of the Sixth International Trade Seminar - Canberra 99 - 110. 25. "Multicurrency Clauses in International Contracts" (with M.D.H. Smith), [1980] Papers of the Seventh International Trade Law Seminar - Canberra 327 - 351. 26. "Overdrafts and Acceptance Credits in Malaysian Banking Practice", (1980) 1 Law Asia 173 - 176. 27. "Fraud in Documentary Credit Transactions", [1981] Journal of Business Law 258 - 270. 28. "Aspects of International Trade Financing in Singapore", (1982) 1 International Banking Law 21 - 22. 29. "Assignment and Presentation of Documents in Commercial Credit Transactions" (with R Eberth), (1982) 24 Arizona Law Review 1201 - 1223 (special issue : a Letter of Credit Symposium). 30. "Liability of Paying Bank in respect of Cheques Altered without Authority", (1982) 1 Oxford Journal of Legal Studies 459 - 465. 31. "Tender of Documents by Assignee of Letter of Credit" (with R Eberth), (1983) 1 International Banking Law 107 - 108. 32. "Deferred Payment Credits" (with R Eberth), (1983) 14 Journal of Maritime Law and Commerce (US) 387 - 416. 33. "The Fraud Rule after United City Merchants v Royal Bank of Canada", (1983) 11 Australian Business Law Review 118 - 131. 34. "Attaching Amounts due under Letters of Credit in France" (with R Eberth), (1983) 1 International Banking Law 113 - 115. 35. "Documentary Credits : Measure of Damages for Bank's Wrongful Dishonour of Letter of Credit" (with R Eberth), (1983) 2 International Banking Law 14 - 16. 36. "Documentary Credits - Deferred Payments and the Uniform Customs and Practice for Documentary Credits" (with R Eberth), (1983) 2 International Banking Law 50 - 51. 37. "The Liggett Doctrine - A Banker's Last Resort" (with C Y Lee), (1984) 3 Lloyd's Maritime and Commercial Law Quarterly 459 - 476. 38. "The Uniform Customs - their Nature and the 1983 Revision", (1984) 4 Lloyd's Maritime and Commercial Law Quarterly 578 - 606. 39. "Banker's Liability for Paying Fraudulently Issued Cheques", (1984) 5 Oxford Journal of Legal Studies 293 - 300. 40. "The MacMillan Doctrine Reviewed in Hong Kong", (1984) 4 Lloyd's Maritime and Commercial Law Quarterly 559 - 562 (based on same case as publication no. 39). 41. "Discount of Letter of Credit", [1984] Journal of Business Law (UK) 454 - 469. 42. "Jurisdiction in Letter of Credit Cases", [1984] Journal of Business Law (UK) 495 - 497. 43. "Performance Bonds - Ambit of Fraud Rule Widened", [1985] Journal of Business Law (UK) 232 - 234. 44. "Reasonable Time in the Examination of Documents", [1985] Journal of Business Law (UK) 406 - 408. 45. "Extraterritorial Aspects of Bank Secrecy", [1985] Journal of Business Law (UK) 439 - 446. 46. "Transfer of Documentary Credit", [1986] Journal of Business Law (UK) 309 - 311. 47. "The Giro System and Electronic Transfers of Funds" [1986] Lloyd's Maritime and Commercial Law Quarterly 178 - 217. 48. "The Drawer's Right of Subrogation Revisited", [1986] Journal of Business Law (UK) 399 - 404. 49. "Performance Bonds, First Demand Guarantees and Standby Letters of Credit - A Comparison", [1987] 2 Letters of Credit Report (US) 1 - 14. 50. "Bank's Actual or Constructive Notice of Dishonest Dealings", [1987] Journal of Business Law (UK) 476 - 480. 51. "Bank Secrecy under the Banking Act of Singapore", (1987) 3 Banking and Financial Law Review (Canada 385 - 395. 52. "EEC Bank Secrecy Provisions - Hillegom Municipality v Hillenius", [1987] Lloyd's Maritime and Commercial Law Quarterly 251 - 255. 53. "Reflections on Recent Developments Concerning the Relationship of Banker and Customer" (1988) 14 Canadian Business Law Journal 129 - 170. 54. "New Problems of Strict Compliance in Letters of Credit" [1988] Journal of Business Law (UK) 320 - 322. 55. "Use of NCDs as Security" [1989] Journal of Business Law (UK) 64 - 67. 56. "New Cases on the Bank as Constructive Trustee" [1989] Journal of Business Law (UK) 255 - 259. 57. "Banks and Extra-Territorial Orders" [1989] Lloyd's Maritime and Commercial Law Quarterly 363 -370. 58. "Bankers' Liability for Advice Respecting Currency Transactions"; and "New Cases on Bank's Duty as Fiduciary", [1989] Journal of Business Law (UK) 409 - 504. 59. "Developments in Letters of Credit Law", [1990] Journal of Business Law (UK) 58 - 63. 60. "Banks and Compound Interest", [1990] Journal of Business Law (UK) 331 - 335. 61. "Legal Problems of Modern Commercial Paper", (1990) 6 Banking and Finance Law Review (Can.) 65 - 81. 62. "Bank's Right to Rely on Borrower's Audited Accounts" [1991] Journal of Business Law (UK) 170 - 175. 63. "New Cases on Letters of Comfort" [1991] Journal of Business Law (UK) 279 - 283. 64. "Reflections on Letters of Comfort" [1991] Singapore Journal of Legal Studies 1 - 12. 65. "Non Transferable Cheques - A Recent Development in Singapore" [1991] 3 Malayan Law Journal xxv-xxix. 66. "Is there a Need for Non-Transferable Cheques?" (1992) 108 L.Q.R. 15 - 19. 67. "Tracing and Bank's Position as Constructive Trustee" [1992] Journal of Business Law (UK) 77 - 84. 68. "Consideration for a Bill of Exchange - an Old Issue Reconsidered", (1992) 3 Singapore Academy of Law Journal 308 - 314. 69. "Mareva Injunction in Tracing Action" [1992] Journal of Business Law (UK) 416 - 423. 70. "Unconscionable Contracts : A Comparative Study of the Approaches in England, France, Germany and the United States" (with A H Angelo) (1992) 14 Loyola of Los Angeles International and Comparative Law Journal 455 - 506 (article is a fully revised and updated version of No. 23 above). 71. "The Cheques Act 1992" [1993] Journal of Business Law (UK) 270 - 278. 72. "The Uniform Customs and Practice 1992 : a Brief Review of their Salient Points" [1994] Journal of Business Law (UK) 28 - 37. 73. "The Bank as a Fiduciary and as a Constructive Trustee" (1994) 9 Banking & Finance Law Review (Can.) 111 - 172. 74. "The Uniform Customs and Practice for Documentary Credits - the 1993 Revision" [1994] Lloyd's Maritime and Commercial Law Quarterly 377 - 406. 75. "Negotiation Under Article 10(b) of the UCP 500" [1995] 1 Documentary Credits Insight (published by ICC.), Issue 1, pp. 12 - 13. 76. "Construction of Provisions of the Banking Act 1987 et al" [1995] Journal of Business Law (UK) 575 - 585. 77. "The Uniform Rules for Collection" [1996] Journal of Business Law (UK) 382 - 387. 78. "Duties of the Advising and Issuing Banks under UCP Article 14" [1997] 3 Documentary Credits Insight (published by ICC), Issue 2, pp. 9 - 11. 79. "Developments in Banking Law" [2000] Journal of Business Law (UK) 618 - 628. 80. "Silent Confirmations and À Forfait Financing" [2001] Documentary Credit World (May Issue) (published by the Institute of Int. Banking Law and Practice) (N.Y.), pp. 19 - 23. Contributions to Professional (Non-Legal) Periodicals 1. "The Crossed Cheque" (1969) 48 The Accounts Journal (New Zealand) 56 - 61. 2. Regular notes in The New Zealand Banker, 1969 - 1973. 3. "Cheques Truncation", Rajah & Tann, Law Lines, Vol. 3 Issue 3, September 2001. 4. Aufstieg in die erste Liga- Die Banken des Stadtstaates befinden sich mitten in einer Konsolidierungsphase, Asia Bridge November 2001. 5. "Recent Legal Developments In the Process of Clearing of Cheques", Rajah & Tann, Law Lines, Vol. 2 Issue 4, December 2000/January 2001. Reports Relating to Law Reform Projects 1. "Validation of Cheques after Death", submitted by the Contracts and Commercial Law Reform Committee to the New Zealand Minister of Justice in 1969 (drafted the report). 2. "Working Paper on the Reform of the Moneylenders Act 1908", drafted for circulation by the Contracts and Commercial Law Reform Committee in 1971 (wrote major part of paper). 3. "Report Concerning a Proposed Revision of the Commercial Laws of the Kingdom of Tonga", 1973/1974, drafted report. 4. "Report on the Revision of the Commercial Laws of the South Pacific Island Countries", submitted to the Director of the South Pacific Bureau for Economic Cooperation in 1976. 5. "Report to the Minister of Justice on Credit Contracts", submitted by the Contracts and Commercial Law Reform Committee in February 1977 (drafted bulk of report). 6. "Report of the Working Party on Negotiable Instruments", presented to the Secretary for Justice (New Zealand) in August 1977 (drafted Chapter 10 of report). 7. "Misrepresentation and Breach of Contract", submitted by the Contracts and Commercial Law Reform Committee to the New Zealand Minister of Justice in January 1978 (revised version) (participated in some of the sessions concerning the report, held before my departure from New Zealand). 8. "Submissions on the Cheques Bill", submitted by the Business Section of the Law Council of Australia to the Attorney-General. 9. "Report on the Proposed International Arbitration Centre", submitted by the Working Party appointed by the Attorney-General in September 1988 (participated in the discussions and commented on the draft Reports prepared by the Chairman). 10. "Independent Guarantees and Standby Letters of Credit" - Report of the Working Group on International Practices on the drafting of a Uniform Law in point, submitted to the United Nations Commission on International Trade Law ("UNCITRAL") in November 1991 (commented on the Report and on the draft Model Law). 11. "Comments on the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit" submitted at the request of the Attorney-General of the Republic of Singapore (August 1996).