WED 20/11/13, 09:43 AM

Arbitration? Singapore?

When two contracting parties of a cross border contract have a dispute, decisions need to be made as to how to resolve the dispute and where? One of the key factors in determining the method of dispute resolution is to identify the country which laws should govern the dispute. Cross border transactions involving “foreign” parties have been less than satisfied with the lengthy and costly process that litigating a dispute in Court can cause together with the anxiety caused when dealing with an unfamiliar jurisdiction. An alternative to court action is arbitration.

Arbitration
This is a private method of dispute resolution used when contracting parties agree to refer their disputes to an impartial tribunal consisting of one or more arbitrators. An arbitration clause is normally contained within a contract before a dispute has arisen though it can be utilised after a dispute has arisen provided both parties agree.

Advantages of Arbitration

• Enables parties to keep disputes private as hearings can take place in a neutral venue.
• Parties can choose their own arbitration rules & select their own procedures.
• The obligation to disclose documents can be narrower here than in courts which produces more favourable cost consequences.
• Parties can agree on the number of arbitrators (usually one or three) & can appoint arbitrators of their choice.
• There is finality after the award is given with limited scope for appeal.
• It is less costly than litigation but the parties do have to pay the arbitrator’s fees.
• A principle advantage is the general ease of enforcement of an arbitration award (see Articles 1, 3 & V of the New York Convention on the Recognition & Enforcement of Foreign Arbitral Awards 1958.)

Singapore
The general rule is that the law governing the arbitration is the law of the place where the arbitration is physically held. Thus, great care must be taken in choosing where the arbitration is to be held because this will determine the law governing the conduct of the arbitration.
Singapore is recognised as being an eminent choice in providing a neutral, efficient and reliable dispute resolution institution in Asia, catering to the international business community because:

• The Singapore International Arbitration Centre (SIAC), a non-profit making organisation set up in 1991, provides facilities for (a) international & domestic commercial arbitration & conciliation; (b) has developed a pool of arbitrators and experts in the law and practice of international arbitration & (c) promotes arbitration & conciliation as an alternative to litigation to settle commercial disputes.
• Singapore has gained recognition by parties trading in the Far East as being the place to conduct arbitrations in a neutral and geographically convenient location.
• The adoption of the UNCITRAL Model Law by Singapore to apply to international arbitrations, ensures that steps have been taken to ensure that both legally and commercially, Singapore is a firm favourite for resolving trade disputes whilst at the same time, providing practical support to international arbitrations that take place here.

MON 18/11/13, 03:21 PM

When It Rains It Pours

There has been much talk about the rising prices of COE and astronomical costs in owning a car in Singapore. This is due to the roads being over-congested given the stark increase in Singapore’s population over the recent years. Due to there being more drivers on the road, this has resulted in the vehicle population in Singapore having increased by 1.45% from 951,307 in 2011 to 965,192 in 2012. There were 7,168 fatal and injury accidents in 2012 which is a decrease from 2011 when 7,926 cases were reported. However, there has been an increase in traffic violations and the Singapore Traffic Police states that there is still a significant number of deaths on Singapore roads.

What could be the causes of these accidents?
During the rainy season in Singapore, normally between the month of October & January, traffic accidents could rise by up to 50%. Mr Singh of Singh & Co stresses that weather is not the only reason for the rise in accidents. He specialises in road traffic claims and says, “Here, drivers…tailgate you. If you put your foot down on the brake, there’s bound to be an accident.” The other causes of accidents are insufficient attention to road conditions, being inconsiderate and impatient towards other road users and speeding. The Singapore Traffic police has reported that there has been a continued increase in speeding and red running violations. In 2010, 205,623 speeding violation were recorded and in 2012, this has increased to 244,806. Though there is a need for road users to slow down and drive responsibly, these statistics show that road traffic accidents on Singapore’s roads need to be kerbed.

In many cases where accidents occur, sometimes someone else or something else is at fault and the victims of an accident have the right to compensation. Though road traffic accident claims can be complicated, with the help of the right lawyer, the process of making a claim could be quite straightforward.

At Singh & Co, the firm has over 13 years’ experience of assisting claimants. Once you have explained the circumstances of the accident to our lawyers and it is established who is at fault together with the injury sustained as a result of the accident, we will be able to judge:

• how likely your case is to succeed; and
• how much you might be able to claim in compensation.

You will also be advised as to the legal processes involved in taking your claim further.

THUR 14/11/13, 01:54 PM

Freezing Orders: A Nuclear Weapon For Litigators?

Lord Donaldson, when he was Master of the Rolls in the mid-1980’s, described the drastic nature of a freezing injunction as being, “one of the law’s two nuclear weapons,” the other being an Anton Pillar Order or Search Order. The freezing order itself, if obtained successfully, could serve as an early “knockout blow,” within litigation against a party, who would ordinarily attempt to evade the enforcement of a judgement obtained against them. This form of interim relief, previously referred to as a Mareva injunction, represents an important tool within the armoury of a commercial litigator; a supplementary remedy granted to protect the efficacy of proceedings, domestic or foreign.

These days, a freezing order is often obtained in support of foreign litigation, even in cases where the primary court where the litigation is proceeding would not have a similar power to grant a freezing order (e.g. Switzerland , USA etc.)

To obtain a freezing order, the applicant must establish:

1. A good arguable case;
2. A real risk that the respondent will dissipate his assets if the order is not given; &
3. That the respondent has assets and (where a worldwide freezing order is sought) that the known assets within the jurisdiction would be insufficient to meet the claim if successful.

Applications for freezing injunctions are often made at short notice, with limited time to prepare. Accordingly it is important to instruct lawyers, who are able to plan properly to ensure that they can deal with the evidence and documents as efficiently as possible.

Here at Singh & Co, we are regularly instructed on behalf of private and commercial clients, who have secured or are in the process of securing judgements against a defendant/s, only to discover that there is a real risk that any assets that the defendant /s may have is at a real risk of dissipation. Also, in circumstances where a fraud has been committed and one wishes to ensure that the fraudster does not remove stolen monies from the victim’s reach, a freezing order may be the answer.

The interim relief afforded by a freezing order are usually utilised by individuals, companies, employers, hedge funds and brokerages, who are engaged in complex commercial disputes or have been the victims of fraud. Investors, who risk their assets on the stock market and in unregulated schemes together with companies, who look to transfer their assets to a parent company offshore, seek the protection of a freezing order as ammunition to support their claim.

At Singh & Co, we see it as being imperative that the correct steps are taken to protect our clients’ interest. At times, this has warranted the use of a formidable weapon such as the freezing order, in order to put tactical pressure upon a defendant whilst taking into account the strategic considerations of commercial litigation.

For advice on any of the above, contact Sarindar Singh or Jasbir Kaur on 0065 6338 3766 or at info@singhnco.com.