Category: Dispute Resolution

Dispute Resolution

Arbitrability – What Does It Mean And Why Is It Important?

A common misconception is that any and every commercial dispute can be resolved via arbitration. However, this is not the case. Under Singapore law, some types of commercial disputes cannot be referred to arbitration.

18 January 2023

Dispute Resolution

Unexpected Situations When Trading Cryptocurrency

Despite the recent meltdowns, the cryptocurrency market is still alive and well and continues to see record levels of trade and investment even in the retail market. We have compiled below some legal evaluations of unexpected situations one might face in the cryptocurrency market.…

31 October 2022

Betting On Crypto Amidst The Fallout

Law Bites – August 2022

Following from the fall of the TerraUSD algorithmic stablecoin, there has been much talk on the risks faced by the various stakeholders in the crypto space. In particular, retail investors looking to purchase cryptocurrencies are a segment of the market who are particularly vulnerable.…

19 August 2022

Conditional Fee Arrangements Now An approved Form Of Dispute Resolution Funding In Singapore

Law Bites – June 2022

On 4 May 2022, the Legal Profession (Conditional Fee Agreement) Regulations 2022 (the “Regulations”) came into force and heralded Singapore’s newfound acceptance of Conditional Fee Agreements (“CFAs”). Singapore-qualified lawyers and law practices and certain registered foreign lawyers and law practices are now permitted to enter CFAs with clients in relation to domestic and international arbitrations (regardless of seat), certain Singapore International Commercial Court proceedings, and related court and mediation proceedings.…

16 June 2022

“No Win, No Fee” – Singapore’s New Law on CFAs Enhances Access to Justice

Singapore has passed a law that allows lawyers and their clients to enter into Conditional Fee Arrangements (“CFAs“) for certain proceedings such as international and domestic arbitrations, and some proceedings in the Singapore International Commercial Court and related court and mediation proceedings.…

5 February 2022

Settling Disputes by Mediation In Singapore and Thailand

Aside from arbitration or litigation, the only way for parties to attempt to resolve disputes is through constructive dialogue. Communicating through brokers and taking legal positions through solicitors (correctly or otherwise) frequently run counter to constructive dialogue.

Mediation involves the engagement of a qualified third party who may help parties bridge differences.…

10 November 2021

An Enhanced Framework for the Reciprocal Enforcement of Foreign Judgments

Law Bites – November 2019

Introduction

On 2 September 2019, two Bills were passed in Parliament, becoming the Reciprocal Enforcement of Foreign Judgments (Amendment) Act (the “Amendment Act”), which subsequently came into effect on 3 October 2019, and the Reciprocal Enforcement of Commonwealth Judgments (Repeal) Act (the “Repeal Act”) (collectively referred to as the “Acts”).…

29 November 2019

JTJB Legal Update January 2019

Family Trusts

The Singapore High Court (“HC”) recently examined a claim concerning family trusts in the case of Moh Tai Siang v Moh Tai Tong and another [2018] SGHC 280.

The parties in dispute were the three youngest sons of the owner of Swee Kee Chicken Rice & Restaurant, one of the pioneers in the chicken rice restaurant business in Singapore.…

9 February 2019

The Implications Of Commencing Court Proceedings When There Is An Arbitration Agreement

JTJB Legal Update November 2018

When disputes arise between parties to a contract that contains an arbitration clause, it is certainly not uncommon for one party to commence court proceedings. The Singapore Court of Appeal (“CA”) recently warned in Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, that the commencement of court proceedings per se is itself a prima facie repudiation of the arbitration agreement.…

30 November 2018

Recognition And Enforcement of A Foreign Judgment Under The Choice of Court Agreements Act: What You Need To Know

JTJB Legal Update

On 1 October 2016, the Choice of Court Agreements Act (Cap 39A, 2017 Rev Ed) (the “Act”) and Order 111 (“O 111”) of the Rules of Court (Cap 322, R5, 2014 Rev Ed) (the “ROC”) were brought into effect in Singapore.…

22 June 2018

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Category: Dispute Resolution

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