SINGAPORE Law and Practice Contributed by: Benedict Teo, Kelvin Tan, Kong Man Er and Shumin Lin, Drew & Napier LLC
A claimant may file and serve a reply within 14 days after the defence has been served, but need not do so if the claimant merely wishes to deny assertions without adding anything material. Where there is a counterclaim by the defendant, the claimant may file and serve a reply and defence to counterclaim or just a defence to counterclaim if there is no reply. Originating Applications Once the originating application supported by affidavit has been served on the defendant in Singapore, the defendant must file and serve the defendant’s affidavit within 21 days if the defendant wishes to introduce evidence in respect of the originating application filed against the defendant. If the originating application supported by affidavit is served out of jurisdiction, the defendant will have five weeks to file and serve the defendant’s affidavit. If a defendant intends to make a counterclaim in the originating application against the claimant, the defendant must include the coun- terclaim in the defendant’s affidavit together with all the evidence that is necessary for the counterclaim. Case Conferences After the pleadings have been filed, case conferences are held for the court to monitor and manage the pro- gress of the case. The court will take control of and set the timelines and give directions for the proceedings. In simple commercial cases, the trial may be held within nine to 12 months from the start of the pro- ceedings. Complex commercial cases can take any- where from 15 months to three years to go to trial. The duration of the trials also varies, depending on the complexity and nature of the case.
to make a “consent order” reflecting the main terms of settlement if the parties so wish. 8.2 Settlement of Lawsuits and Confidentiality Parties may include confidentiality clauses in set- tlement agreements, which are enforceable as con- tractual terms. Permission may also be sought from a judge to seal any court papers to protect the confi- dentiality of settlements. For matters settled through mediation, the Mediation Act 2017 provides for the confidentiality and inadmis- sibility of mediation communication, which includes anything said or done and any document prepared or information provided for the purpose of or in the course of the mediation, including the agreement to mediate and the mediated settlement agreement. 8.3 Enforcement of Settlement Agreements General contractual principles apply to the enforce- ment and setting aside of settlement agreements. Settlement agreements that are recorded as consent orders are also enforceable as court judgments or orders. Mediated settlement agreements of a dispute for which no proceedings have been commenced in a court may be recorded as an order of court if the requirements under the Mediation Act are met. Singapore is a signa- tory to the United Nations Convention on International Settlement Agreements Resulting from Mediation and, where applicable, international settlement agreements may be recorded as an order of court pursuant to the Singapore Convention on Mediation Act 2020. 8.4 Setting Aside Settlement Agreements General contractual principles apply to the setting aside of settlement agreements. Depending on the grounds for challenging a settlement agreement, “without prejudice” communications (see 5.6 Rules Disallowing Disclosure of a Document ) may be dis - closed.
8. Settlement 8.1 Court Approval
Parties are not required to obtain court approval to settle a lawsuit before trial, so long as all parties con- sent in writing. However, leave of the court is required to discontinue an action if trial has begun or if the action was commenced by originating application. Leave of court will invariably be granted if parties have reached a settlement. It is also common for the court
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