Filbert 

LAM

Filbert is an Adjunct Researcher at the Centre for Banking & Finance Law, NUS. Prior to joining the Centre, Filbert earned his Bachelor of Laws with First Class Honours (2018) and Master of Laws with Distinction (2019) at the University of Edinburgh in the United Kingdom. During his summer vacations, he has completed internships with leading commercial dispute resolution departments at top law firms in Singapore. Filbert has developed a broad interest in commercial dispute resolution with particular interests in disputes involving banking law, the legal and regulatory rules governing international financial transactions, and international arbitration. Outside his main areas of interest, Filbert is also interested in public international law, commercial conflict of laws, and company law. Filbert was a full time researcher at CBFL from 16 March 2020 to 15 September 2020.

Presentations

• “Property and Contractual Issues Concerning Cryptoasset Exchanges”, CBFL Seminar Series, 26 June 2020 – with Allen Sng, Sheridan Fellow, NUS Law

Recent/Selected Publications

• “Abandoning Old Banks and Brooking New Streams: A Case for the Reformation and Statutory Codification of the English Law on A Bank’s Duty of Confidentiality” (2019) Singapore Comparative Law Review 66
• “Have the Rules Governing the Interpretation of Pari Passu Clauses in Sovereign Bonds Developed in Equal Step Under English and New York Law?” (2019) Singapore Comparative Law Review 86
• “Abandoning Old Banks and Brooking New Streams: A Case for the Reformation and Statutory Codification of the English Law on A Bank’s Duty of Confidentiality” (2019) 66 Singapore Comparative Law Review
• “Have the Rules Governing the Interpretation of Pari Passu Clauses in Sovereign Bonds Developed in Equal Step Under English and New York Law?” (2019) 86 Singapore Comparative Law Review
• “The Constitutional and Other Implications of the Miller Decision”(2017) Lex Loci 61

Commentaries

• “Arbitrability of Insolvency-related Claims – A Comparison between the English and Singapore Positions” (2018) Singapore Law Blog, http://www.singaporelawblog.sg/blog/article/219

• Cryptocurrency and Cryptocurrency Exchanges
• Contract Law
• Property Law
• Equity and Trusts
• Financial Institutions
• International Finance and Regulation

Research Project

Cryptocurrency, Distributed Ledger Technology, and Cryptoasset Exchanges – Application of Private Law Principles to Transactions involving Cryptoassets

This research project explores how settled principles in private law and investment law can be applied to regulate cryptoasset transactions. Distributed ledger technology enabled the creation of alternative private payment systems, such as Bitcoin and Ether. Whether these digital tokens will gain currency in modern commerce depends on how receptive societies are to the use of payment systems which are not backed by state authorities. It is paramount that private law and regulatory rules are applied correctly to resolve any disputes between parties arising from transactions in and involving cryptoassets.

Governments have not remained idle. They have also begun exploring and developing Central Bank Digital Currencies (CBDCs). Inspired by the early successes of Bitcoin and the recent developments of ‘stablecoins’ – cryptocurrencies backed by assets, state authorities in countries like China and Singapore are exploring and developing CBDCs for specific purposes, like trade finance, or CBDCs which are intended to be used by the broader community generally. Foreign investors in these jurisdictions will benefit with greater clarity on how their investments held in or paid using CBDCs can be protected.