SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
Once the originating claim with a statement of claim has been served on a defendant in Singa- pore, the defendant will have to file and serve a notice of intention to contest or not contest the claim within 14 days. If the originating claim with a statement of claim is served out of jurisdiction, the defendant will have 21 days to file the notice of intention to contest or not contest the claim. The statement of claim, which sets out the relevant facts establishing the claim, may be endorsed on the originating claim and served together with the originating claim. Where the originating claim does not have an endorsed statement of claim, the statement of claim must be filed and served on the defendant within 14 days after the originating claim has been served. Where the defendant has filed a notice of inten- tion to contest the claim and intends to defend an action, they must file and serve a defence to the originating claim within 21 days after the state- ment of claim is served on them if the defendant was served in Singapore, or within five weeks after the statement of claim is served on them if the defendant was served out of Singapore. If a defendant alleges that they are entitled to any relief or remedy against the claimant, they may file and serve a counterclaim in the same action. In that case, the defendant’s pleading is known as the defence and counterclaim. 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 materi- al. Where there is a counterclaim by the defend- ant, the claimant may file and serve a reply and defence to counterclaim or just a defence to counterclaim if there is no reply.
After the pleadings have been filed, case con- ferences are held for the court to monitor and manage the progress of the case. In simple commercial cases, the trial may be held within nine to 12 months from the start of the proceedings. Complex commercial cases can take anywhere 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. Parties are not required to obtain court approval to settle a lawsuit before trial, so long as all par- ties consent 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 invari- ably be granted if parties have reached a settle- ment. It is also common for the court 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 settlement agreements, which are enforceable as contractual terms. Permission may also be sought from a judge to seal any court papers to protect the confidentiality of settlements. For matters settled through mediation, the Medi- ation Act 2017 provides for the confidentiality and inadmissibility 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 media- 8. Settlement 8.1 Court Approval
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