This is a ½ day virtual learning programme. Upon successful registration and payment, registrants will be sent a web link and access details of the workshop.
The COVID-19 pandemic is an unprecedented crisis that has caused much economic carnage in addition to the public health issues. As countries emerge from lockdowns and economies start to re-open, how can businesses rely on legal strategies to adroitly navigate the economic challenges posed by the crisis? What can some businesses rely on to stave off liabilities and conversely when can some businesses enforce them? This workshop seeks to give a multi-layered perspective from solutions in contract to mediation to court and beyond in answering these pressing questions.
Contractually providing for a crisis
1. Contractual clauses which businesses can incorporate into their contracts to mitigate the impact of a crisis :
2. If the contract is silent :
- Force majeure clauses
- Material adverse change clauses
Invoking legislative help – The COVID-19 (Temporary Measures) Act
- The doctrine of frustration
- Implied terms
- Sample clauses and lessons learnt from real-life examples based on previous cases
Litigation & Arbitration
- How the current COVID-19 (Temporary Measures) Act can offer relief to businesses and organizations from their contractual obligations
- Relief from rental payments
- The process of assessors’ determination and strategic considerations
- Pros and Cons
- International vs local arbitration
a. State Courts, High Court and Court of Appeal (jurisdictional limits and judicial process)
Mediation as a means of resolving disputes
b. Introduction to the Singapore International Arbitration Centre and the Singapore International Commercial Court)
- Pros and Cons
- Institutions (Singapore Mediation Centre and Singapore International Mediation Centre)
- Singapore Convention on Mediation
- Arb-Med-Arb protocol
- When should I choose litigation, arbitration or mediation?
- Types of dispute resolution clauses (including multi-tiered dispute resolution clauses)
Seeking protection under the new restructuring regime
- Introduction to Singapore’s insolvency and restructuring regime: the new Insolvency, Restructuring and Dissolution Act
- Liquidation and winding up
- Judicial management
- Scheme of arrangement
- Section 211B moratorium protection
Participants would gain knowledge of:
- the legal strategies that businesses can rely on to adroitly navigate the economic challenges posed by the crisis; and
- the strategies that businesses can rely on to stave off liabilities and conversely when can businesses enforce them
Who Should Attend
Business owners, C-level Executives, Directors, General Managers, In-house Legal Counsel
Joint Managing Partner and Co-head of Dispute, Tan Kok Quan Partnership (TKQP)
Described by Chambers Asia-Pacific as “a well-respected practitioner”, Eddee has acted for international clientele in a wide spectrum of corporate and commercial litigation. As a testament to his expertise, Eddee was invited to be a member of the prestigious, invitation-only International Association of Defense Counsel. Eddee has also been engaged in a number of widely publicised insolvency and restructuring matters, including the ongoing restructuring of the Hyflux Group which is keenly watched by regional market players.
Eddee’s work has garnered plaudits from clients and the Best Lawyers where he has been named as one of the leading lawyers in the field of Litigation in Singapore since 2014. In addition, he is ranked as a Recommended Lawyer for Dispute Resolution, and Restructuring and Insolvency by The Legal 500 Asia Pacific, 2017-2020. He is also ranked in Band 3 for Restructuring/Insolvency by Chambers Asia-Pacific, 2020.