Dispute Resolution in a Time of Change

  • September 1, 2022
  • admin
  • 2 min read

This update will arm you with the knowledge you need to successfully drive the strategy that will assist your firm in resolving disputes in a timely and economical manner.

Alterations to the court’s rules

The way legal proceedings are handled in Singapore has undergone a significant transformation since the New Rules of Court 2021 went into effect in April 2022.

First, the court now has more discretion, enabling it to have an impact on how a matter is handled in court. Second, the need of parties preparing their case in advance has been emphasized more. This method of case preparation is known among litigators as “front loading.” Third, parties are now required to think about “amicable resolution of the party’s dispute.”

Even before filing a lawsuit in court, the partThe way conflicts are handled is undergoing significant change. All of this is happening against a backdrop of business disruption and the requirement for firms to be agile in order to quickly grab commercial opportunities. The majority of general counsel (GC) are aware that legal expense budgets are strictly regulated and that cost containment is a key performance indicator (KPI) for all GCs. This is especially true when it comes to spending on legal counsel to pursue or defend claims that frequently affect businesses.

In light of this, GCs should be aware of the trends listed below to help manage and reduce the risk of conflicts for their organizations in a prompt and efficient manner.

They have an obligation to reach an amicable conclusion. This obligation remains throughout the proceeding and even after an appeal.

Unless the side has good cause not to, the other party must provide a peaceful resolution. A party receiving an offer of amicable resolution is not permitted to reject it unless that party has good reason to do so.

What then is a proposal for a peaceful resolution? It refers to putting out an offer, whether whole or in part, to end the disagreement without resorting to court action or an appeal.

There are significant ramifications for contesting parties from the new Court rules:

There are alternatives to litigation as a means of resolving disputes: litigation is not the standard mode of dispute resolution; litigation is now regarded as a last option.

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