Forum choose
for future performance

01

One dispute can have several valid routes

Singapore courts, SICC, SIAC arbitration and mediation are compared by parties, subject matter, confidentiality, speed, interim measures, appeal/review, joinder, third parties, governing law and location of assets. Seat neutrality does not replace enforceability testing.

02

Dispute clause should work without a new agreement

Law

Governing law contracts and clauses

Forum

Court jurisdiction or institution and rules

Seat

Legal place of arbitration

Tribunal

Number and method of appointment of arbitrators

Process

Language, service, consolidation and interim relief

Enforcement

Countries and assets for recovery

Pathological clauses arise from a mixture of courts and arbitration, an undefined institution, incompatible seats or mandatory negotiations without a deadline or mechanism for transition.

03

SICC handles international commercial cases

SICC is a division of the General Division of the High Court and was created for transnational commercial disputes. Written jurisdiction agreement, international and commercial nature and the requirements of the SICC Rules are checked before filing. Court route is especially useful when binding precedent, third party joinder or judicial remedies are needed.

04

SIAC Rules 2025 expanded case management tools

The seventh edition is valid from January 1, 2025. It provides Streamlined Procedure, Extended Expedited Procedure, Preliminary Determination, Coordinated Proceedings, Emergency Arbitrator and SIAC Gateway. The choice of an expedited mechanism depends on the rules, value, complexity, urgency and procedural strategy.

05

Interim relief begins with the risk of loss of an asset or evidence

Before submission, asset dissipation, confidentiality, document destruction, continuing breach and urgency are assessed. The route may include emergency arbitrator, tribunal measures or court application. The requested remedy must be enforceable and proportionate, and the applicant must be ready to provide undertakings or security.

06

Chronology turns documents into evidence

07

Settlement design can be stronger than compromise

Mediation is assessed before and during proceedings. Term sheet records payment mechanics, releases, confidentiality, tax, guarantees, default and enforcement. Arb-Med-Arb may allow the settlement to be issued as a consent award, subject to the applicable protocol.

08

Victory is measured by recovery

Before filing, an asset map is built: Singapore and foreign bank accounts, shares, receivables, real estate, vessels and group relationships. For foreign judgment or award, jurisdiction, service, finality, public policy, limitation, New York Convention route and local enforcement procedure are checked separately.

09

First 30 days plan

1. 01

   Preserve evidence and stop further damage.

2. 02

   Check contract, clause, limitation and governing law.

3. 03

   Build chronology, issues, quantum and asset map.

4. 04

   Solve the issue of interim relief and settlement channel.

5. 05

   Prepare filing strategy, budget and enforcement route.