Joshua 

TENG

Joshua Teng is a Research Associate at the Centre for Banking & Finance Law (CBFL) at the National University of Singapore. Joshua read law as an undergraduate at Trinity Hall, University of Cambridge and later went on to obtain an LLM (International Commercial Law) at University College London.

Prior to his appointment at the CBFL, Joshua was a Senior Associate at Messrs Skrine, Kuala Lumpur with a broad practice in commercial and intellectual property litigation. As part of his practice, he has advised regulators, financial institutions, and listed corporations on various regulatory and compliance matters including in the financial services and capital markets sector. Prior to commencing private practice as an advocate and solicitor in Malaysia, Joshua worked as a judicial clerk in the Federal Court of Malaysia.

Joshua’s research interests are in the areas of the law of obligations and property, specifically how established doctrines in these areas interact with the changing circumstances of the digital world. Joshua’s research focus at CBFL will be on investor protection.

Selected Publications

Journal Article

‘Trusts in Virtual Currency’ in Sue Farran, Russell Hewitson, and Adam Ramshaw (eds), Modern Studies in Property Law, Vol 11 (Hart 2021), 169.

‘Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia’ Liverpool Law Rev (2022). https://link.springer.com/article/10.1007/s10991-022-09309-3 (with Kailash Kalaiarasu)

‘Elucidating Equity in Pallant v Morgan’ in Natalie Mrockova, Aruna Nair, and Luke Rostill (eds), Modern Studies in Property Law, Vol 12 (Hart 2023).

Conference Papers

‘Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia’, Contract Law in Common Law Countries Conference 2021, London Centre for Commercial and Financial Law & Jindal Global Law School, December 2021 (with Kailash Kalaiarasu).

‘Elucidating Equity in Pallant v Morgan’, 14^th Biennial Modern Studies in Property Law Conference 2022, St John’s College, University of Oxford, March 2022.

‘Enforcing Native Customary Rights: Between Public & Private Law’, Obligations X Conference, University of Western Ontario Faculty of Law, July 2023 (paper submitted, unable to attend).

Working Papers

‘A Reappraisal of Malaysia’ Jurisprudence on Native Customary Rights in the light of its Legal History’, 4^th Asian Legal History Conference, Hue University, July 2024 (forthcoming).

‘Malaysia: Mistake in the Digital World’, Asia-Pacific Contracts Law, Vol 1, University of Hong Kong, January 2025 (forthcoming).

• Emerging Technologies & the Digital World
• Artificial Intelligence and Smart Contracts
• Investor Protection
• The law of Obligations
• Equity and Trusts

Research Project

Investor Protection in the Digital Era: Analysing Contractual Duties and Liabilities of Online Platforms and Intermediaries in the Financial Sector

The research project aims to investigate the scope of contractual duties and liabilities of online platforms and intermediaries operating within the established and emerging financial sectors. It also seeks to determine the extent to which protections for the investing public may be enhanced under either the common law or through statutory reform.

The project proposes to focus on three aspects, namely: (i) pre-contractual duties and liabilities, including liability for misrepresentation; (ii) exclusions and limitations of liability; and (ii) duties of good faith, disclosure or duties of a fiduciary nature.