Litigation Dispute Resolution Comparative Guide

• Published date: 03 June 2021
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Court Procedure, Trials & Appeals & Compensation
• Law Firm: Aequitas Law LLP
• Author: Mr Tat Lim and Chiew Khoon Heng

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

Singapore has inherited the English common law tradition. The doctrine of judicial precedent, vertical stare decisis in Singapore, requires that judges apply the ratio decidendi (the operative reasons) of the decisions of higher courts. Singapore courts have developed a strong body of local jurisprudence, particularly in areas covered by statutory law (eg, company law, criminal law). However, the courts still refer to case law from England.

The state care bound by the decisions of the Court of Appeal and of the High Court. Neither the Court of Appeal nor the High Court is bound by its own decisions, as the doctrine of horizontal stare decisis does not apply in Singapore. Nevertheless, the courts have shown some reluctance in overturning cases before them in the same courts, unless exceptional circumstances occur, such as a policy change.

1.2 What rules govern litigation in your jurisdiction?

The Rules of Court, as made in accordance with the provisions of the Supreme Court of Judicature Act (Cap 322), govern the civil litigation procedure for the most part.

1.3 Do any special regimes apply to specific claims?

Special regimes may apply for different claims under different acts. For example, workers may claim for injuries and occupational diseases that happen at work, or as a result of work, under the Work Injury Compensation Act. Under the Employment Claims Act, salary-related disputes or wrongful dismissal disputes between employees and employers will be heard by Employment Claims Tribunals (ECT).

Small claims not exceeding $20,000 are heard by the small claims tribunals.

1.4 Which bilateral and multilateral instruments have relevance to litigation in your jurisdiction?

Singapore is not a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention). However, Singapore has separate bilateral civil procedure conventions with different countries such as China and Germany. With these jurisdictions, service may be effected through the judicial authorities.

Furthermore, Singapore is a party to the Hague Conference on Private International Law Convention on the Taking of Evidence Abroad in Civil and Commercial Matters 1970.

Foreign judgments may be enforced in Singapore through three statutory regimes:

• under the Choice of Court Agreements Act (Cap 39A, 2017 Rev Ed) (CCAA);
• by registration under the Reciprocal Enforcement of Foreign Judgments Act (Cap 265, 2001 Rev Ed) (REFJA); or
• through the Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264).

2 Judicial structure

2.1 What courts exist in your jurisdiction and how are they structured?

The Supreme Court, state courts and family justice courts together form the Singapore court system.

The Supreme Court comprises the Court of Appeal, the High Court and the Singapore International Commercial Court (SICC).

The following cases are all heard by the High Court:

• civil cases with a claim exceeding S$250,000 in the first instance;
• probate matters with an estate exceeding S$5 million (or if the case involves the resealing of a foreign grant); and
• ancillary matters in family proceedings where assets equal S$5 million or more.

Criminal cases where the offences are punishable by death or with imprisonment terms exceeding 10 years are also tried by the High Court.

The High Court exercises original and appellate jurisdiction in civil and criminal cases.

The state courts comprise the district courts, the magistrates' courts, the coroner's court and the small claims tribunal.

Magistrates' courts deal with civil claims of up to S$60,000 and district vourts deal with claims of up to S$250,000. The small claims tribunal has a claims limit of S$10,000. However, the latter can be raised to S$20,000 with written consent.

The family justice courts, comprising the family courts and youth courts, hear family-related cases, as well as probate and succession matters.

2.2 What specialist courts or tribunals exist in your jurisdiction?

Some international and commercial disputes that are not heard in the SICC are managed in the High Court by specialist judges.

The specialised lists in the High Court are established for:

• Building and Construction, Shipbuilding, Complex and Technical Cases;
• Finance, Securities, Banking, Complex Commercial Cases;
• Company, Insolvency, Trusts;
• Arbitration;
• Shipping and Insurance;
• Defamation, Professional Negligence, Statutory Tort;
• Medical Negligence;
• Intellectual Property/Information Technology;
• Revenue Law; and
• Public Law and Judicial Review.

3 Pre-litigation

3.1 What formalities apply before litigation can be commenced in your jurisdiction?

The plaintiff's lawyers must enquire whether the prospective defendant's lawyers have instructions to accept service on behalf of their client. The originating process can only be served directly by the plaintiff's lawyers on the defendant if the defendant's lawyers have not confirmed that they have such instructions within three working days of the enquiry.

A letter of demand will be sent by the prospective plaintiff before commencing action to give the prospective defendant the opportunity to respond to the claim and to potentially avoid litigation.

3.2 Do any pre-action protocols or similar rules apply prior to the commencement of litigation? What are the consequences of non-compliance?

Besides possible pre-litigation steps that may be prescribed in a contract's clause on dispute resolution mechanism, there are generally no prerequisites to commence litigation.

However, there exist some pre-action protocols for medical negligence claims brought in the High Court and state court, and for personal injury claims. Other protocols exist for:

• personal injury claims;
• non-injury motor accident claims; and
• defamation claims brought in the state courts.

A failure to comply with these protocols will be sanctioned by a court, unless good reasons are provided.

3.3 What other factors should a party consider before commencing litigation in your jurisdiction?

Early settlement is encouraged by pre-action rules which provide that litigation is only commenced as a last resort for the resolution of disputes. For instance, the state courts encourage parties in all claims to consider alternative dispute resolution as the 'first stop' and detailed requirements and procedure may be found in Order 108 of the Rules of Court and Part III of the State Courts Practice Directions.

A letter of demand is usually sent before commencing an action, to give the parties the opportunity to settle the matter before proceeding for trial.

4 Commencing litigation

4.1 What rules on limitations periods apply in your jurisdiction?

The Limitation Act (Cap 163) generally governs the limitation for civil claims. A limitation period usually commences when the cause of action accrues. For 'latent' injuries and damage, the limitation period commences only when the plaintiff has both the right...