Dispute Resolution

Follow Our Latest COVID-19 Updates

SINGAPORE: Admiralty Actions: Service of Warrants of Arrest and Writs on Agent; Dispensation of Security Guard

The maritime and shipping industry has had to adapt to ensure safe and responsible practices amidst the COVID-19 pandemic. In keeping with these efforts, the Supreme Court of Singapore has acknowledged the concerns involved in the requirement of in-person service of documents against a ship, and has addressed them by introducing temporary alternative methods of service. From 22 January 2021 and until further notice, service of Warrants of Arrest or Writs in an in rem action against a ship, freight or cargo may be effected by leaving or transmitting the same to the agent of the ship. In the same vein, security guards are also not required to be deployed on board an arrested ship with effect from 15 January 2021 and until further notice.

In this Update, we provide a summary of the requirements of the newly-introduced alternative methods of service and practical steps for complying with these requirements, as well as a discussion of the effect of the dispensation of security guards for ship arrests.

SINGAPORE: Court Proceedings in New Normal: Successful Application for Leave for Both Foreign Factual and Expert Witnesses to Testify via Video-Link

While Singapore has settled well into the present "new normal" of Phase Two of reopening the economy, travel restrictions and other preventative measures are still largely in place, and may continue to be in place for the foreseeable future. Yet the wheels of justice must continue to turn. Access to justice (fundamental to the rule of law) must continue to be provided by an agile legal system. In circumstances where foreign witnesses are unable to physically attend trial, what considerations will the courts take into account when deciding whether to grant leave for them to give evidence via video-link?

To put matters in context, giving evidence by video-link is, per se, not a new issue. Guiding principles have been established in legislation and earlier cases over the last three decades. However, how such principles are to be applied against the backdrop of the ongoing COVID-19 pandemic is a novel point. Necessity is the mother of invention, and so courts worldwide have devised creative but legally sound solutions that do not cause prejudice to any party.

In the lead up to a recent civil trial (currently part-heard and resuming in late October), conducted entirely remotely, Gregory Vijayendran SC, Kevin Tan, Devathas Satianathan, and Low Weng Hong from Rajah & Tann Singapore's dispute resolution team successfully obtained leave from the Singapore High Court for the Defendant's foreign factual and expert witnesses to give evidence by video-link in a contested application. This was despite the Plaintiff's strenuous objections.

This Update elucidates the considerations that the Court took into account when granting such leave.

SINGAPORE: COVID-19 Circuit Breaker Measures: Court Proceedings for Essential and Urgent Matters Only

On 3 April 2020, the Singapore Government announced an elevated set of safe distancing measures to be in place from 7 April 2020 until 4 May 2020 ("Relevant Period"). As part of this initiative, on 6 April 2020, the Supreme Court, State Courts and Family Justice Courts announced that they will hear only essential and urgent matters in the Relevant Period. Registrars' Circulars ("Circulars") have been issued by each of the three Courts to identify the matters that may be considered to be essential and urgent. In this Update, we highlight the key elements of the Circulars, including the identified essential and urgent matters and the relevant timelines and processes.

SINGAPORE: Keeping the Judicial Wheels Turning: Remote Proceedings in Singapore Courts amid COVID-19

The Ministry of Law has issued a press release announcing that it intends to introduce the COVID-19 (Temporary Measures) Bill ("Bill") in Parliament next week. The Bill includes proposed provisions allowing for the conduct of court proceedings using remote communication technology so as to avoid individuals having to physically appear in court. Rajah & Tann Singapore is well placed to manage remote court proceedings, having supported the pilot remote hearings before the Singapore courts and being fully equipped with remote communication technology. In this Update, we highlight the key aspects of the Bill as it relates to remote proceedings in court.