Continuing on from our previous article on SWIFT(LY) Resolving Banking Disputes, and the maxim “time is money”, on 1 July 2024, a new Express Track was introduced in the General Division of the High Court, presenting litigants with greater choices for expedited dispute resolution. Whether before the Singapore High Court or in arbitration under the auspices of the Singapore International Arbitration Centre (“SIAC”), you can save time, money, and aim to receive a final judgment in as short a timeframe as possible.

1. SIAC’s Expedited Procedure:

Apply for the Expedited Procedure under Rule 5.1 of the SIAC Rules 2016 and obtain a final award usually within 6 months from the constitution of the Tribunal, if your case meets one of the following criteria:

• Amount in dispute does not exceed SGD$6,000,000;
• Parties agree to the Expedited Procedure; or
• Case is of exceptional urgency.

If the application is granted by the President of the SIAC Court of Arbitration, a sole arbitrator (as opposed to 3) will usually be appointed. The Tribunal may consult with the Parties and decide the dispute based on documentary evidence alone, which does away with a hearing, the examination of factual and expert witnesses, and oral arguments. Unless Parties agree that no reasons are to be given, the Tribunal may state the reasons for the final award in summary fashion, which cuts down the lead time for the issuance of a final enforceable award. The award is enforceable in over 170 countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, one of the most successful international treaties to-date.

2. SIAC’s Arbitration-Mediation-Arbitration (“Arb-Med-Arb”) Protocol:

A joint innovation by SIAC and the Singapore International Mediation Centre (“SIMC”), a dispute is first referred to arbitration before mediation is attempted. If Parties successfully settle through mediation, mediated settlement agreement can be recorded as a consent award, giving it binding effect. Failure to settle means Parties can proceed with arbitration proceedings, and time is not wasted in re-constituting the tribunal. As discussed in our LinkedIn post highlighting our success in procuring mediated settlements for our clients, the threat of arbitral proceedings lingering overhead is effective at incentivising good faith negotiations and pulling parties away from entrenched positions that jeopardise settlement chances.

Hear from a General Counsel of a leading US company for whom we achieved settlement at the eleventh hour before a 4-day arbitration hearing:

 I was thoroughly impressed with Shobna and her team.  Their preparation for the arbitration put us in a position to negotiate a settlement in a short timeframe, and just hours before the arbitration would have proceeded.  Because we were in such a strong factual and legal position, with a very detailed and fully supported opening statement, we were able to achieve a successful settlement.  Not only was the result satisfying, but it was a pleasure to work with Shobna and her team as we led up to the arbitration.

Approach us at shobna.chandran@shobnachandranllc.com for advice on drafting and incorporating an Arb-Med-Arb Clause in your international business contracts.

3. Before the High Court: New Express Track

Previously, if your dispute involved contested factual issues, the summary judgment mechanism cannot be availed. With the newly unveiled Express Track, if all parties to the action consent, a trial will take place within 9 months once placed onto the Express Track. Other features aimed at cost-and-time savings include:

• The mandatory production of documents relied on by parties to prove any allegation(s) contained in the pleadings and mandatory exchange of Affidavits of Evidence-in-Chief (“AEICs”) before production of documents;

 

• AEICs to be limited to 30 pages, reduces length of cross-examination at trial;

 

• Interlocutory applications to be filed under a single application pending trial (O 9 r 9 of the ROC 2021), and decided by the Court without hearing oral arguments;

 

• Unless directed by Court otherwise, closing submissions only made orally at the end of trial; and

 

• Trial cannot exceed 4 days (excluding time spent on oral closing submissions).

 

Do note that all decisions under the Express Track are non-appealable, except for:

 

• A Judgment after trial of the action; and
• Judgment or order by bringing the action to an end or preventing the action from proceeding further

Conclusion

 Our Managing Director, Shobna Chandran, has extensive experience in dealing with disputes both before the Singapore High Court and the SIAC and concurrently navigating the pathway of settlements.  

Let us help you direct the litigation strategy. Your success and satisfaction are our top priority, as we remain committed to delivering exceptional results for our clients. 

For more information, kindly contact  Shobna.Chandran@shobnachandranllc.com.