Living in Singapore can be, at times, financially straining – especially in the context of legal services. But there’s good news; two new civil justice measures, Express Track and the Non-Binding Neutral Evaluation, are being implemented in Singapore in an effort to resolve disputes more quickly and affordably. The goal of both initiatives is to streamline the legal process, saving the courts and parties alike time and money. Here’s what you need to know:
Introduction of a new Express Track for dispute resolution.
Express Track (ET) is a consent based scheme introduced on July 1st in accordance with the new Order 46A Rules of Court 2021. The scheme, which was announced by the Chief Justice in 2024, focusses on expediting High Court proceedings when disagreements involve disputes of fact that are generally inappropriate for resolution through Originating Applications or summary judgement (an application taken out early on in a case where your case is so strong, and so clear that your case will win).
It is a new opt-in procedure, meaning that both parties need to agree to it, that is a generally shortened path to judgement – think of it as the Amazon Prime of litigation.
Who is eligible?
Most of the time summary judgements will need the support of objective evidence, in which cases heavily based on oral evidence (like family matters where statements are not documented) do not have. ET provides an alternative route for cases that are not so clear cut. The process applies to cases commenced by Originating Claim, where all parties to the action consent for the action to be placed on the Express Track.
What are the benefits?
The most significant benefit is that Express Track aims to reduce the amount of time it takes to settle disputes. It promises a substantially faster result, usually within 9 months (under O 46A, r 5(2)), compared to ordinary litigation, which might take 12–18 months. Additionally, due to the trial’s 4-day maximum duration (under O 46A, r 5(1) ROC 2021) and overall reduction of time and subsequent reduction in applications, legal fees could potentially be reduced by 25–50%, depending on the circumstances.
The new system also increases the effectiveness of case preparation. Both sides must submit their List of Witnesses and Affidavits of Evidence-in-Chief (AEICs) prior to document sharing. This keeps the process efficient and guarantees that important evidence is given early. Excluding exhibits, AEICs are limited to 30 pages in order to prevent long affidavits.
Applications submitted during the case have shorter deadlines under the Express Track. Parties have 14 days to make applications and 28 days to reply following a case conference. Additionally, the closing arguments are presented orally at the conclusion of the trial, which speeds up the last stages in contrast to traditional trials.
Potential issues:
However, we caution that the performance of witnesses would take on an even greater importance in such cases. As such decisions (except for in very limited situations) are non-appealable, it becomes paramount that the evidence conveyed by the witnesses would have to be put forth persuasively and precisely in court, particularly for matters that are largely determined on fact or often known as “he said-she said cases”.
Neutral Evaluation
Under a collaboration between CASE (Consumers Association of Singapore) and Law Society, an alternative dispute resolution was implemented on 1 October 2024 and allows parties to opt in to a neutral, non-binding evaluation. The scheme is designed to give businesses and consumers that are involved in disputes that fall outside the jurisdiction of the Small Claims Tribunal, especially those involving claims worth more than $20,000 to $30,000. A low-cost alternative dispute resolution (ADR) option. It is particularly helpful when there are disagreements between customers and companies, including when e-commerce is involved (especially with the rise of higher-value/luxury items being sold online).
Benefits and processes:
Nowadays, courts generally advise that parties commence mediation before going to trial. This private procedure helps resolve conflicts out of court by enabling both parties to negotiate in a neutral setting which especially benefits situations involving business and consumer conflicts.
The overarching benefit is that the Neutral Evaluation provides a more flexible, affordable, and faster resolution option compared to traditional litigation. Firstly, the cost for evaluation is a flat fee of $163.50 which is to be borne equally between the consumer and the business. Additionally, to help you decide whether to move forward with formal litigation, a lawyer appointed by the Law Society will offer an expert opinion on the strength of your case. This process is without prejudice and is confidential, parties can speak their mind in the privacy of the Singapore Mediation Council Chambers. This assessment can help save a lot of time and money by providing a “stress test” of your case.
These new methods provide a far more effective way to settle your case, regardless of whether you’re dealing with a consumer complaint, commercial conflict, or any other legal matter. The Express Track shortens the time it takes to receive a ruling through offering expedited court processes with specific timelines. The Non-Binding Neutral Evaluation, on the other hand, offers an affordable way of having a specialist evaluate your case and assist you in determining whether to reach a settlement or pursue formal litigation. If you think one of the new methods could be useful to your situation, feel free to reach out to the team at Justin Chan Chambers who are happy to help.