This module is intended to familiarize course participants with the different forms of dispute resolution relevant to the restructuring and insolvency context. First, the module provides an overview of the Singapore court system along with litigation procedures and considerations for claims and assessments in the context of (i) liquidation; (ii) judicial management; and (iii) schemes of arrangement.
The module also introduces various forms of Alternative Dispute Resolution, including arbitration, mediation and expert determination, and considers how these mechanisms may be used in insolvency scenarios.
This module is part of the Advanced Certificate in Insolvency and Restructuring.
LEARNING OBJECTIVES
At the end of the module, participants will be able to:
- Understand the procedures and considerations for claims and assessments in the context of:
- Liquidation
- Judicial Management
- Schemes of Arrangement
- Know the various stages of litigation in terms of:
- Modes of commencing action, pleadings, discovery and trial
- Disposal of action without trial
- Provisional remedies and their application in insolvency proceedings
- Costs and appeals
- Gain an overview of alternative dispute mechanisms in terms of:
- Arbitration
- Mediation
- Expert Determination
- Understand third-party litigation funding and its application in insolvency proceedings
WHO SHOULD ATTEND
- Newly qualified accountants and lawyers pursuing R&I practice or mid-career accountants/ lawyers from other specialisations
- Restructuring/ Financial Advisers
- Bank/ Lender work-out groups
PREREQUISITE
Participants should preferably be a degree holder, in any discipline, and have at least one year of working experience.
ASSESSMENT
As part of the requirement for SkillsFuture Singapore, there will be an assessment conducted at the end of the course. The mode of assessment, which is up to the trainer’s discretion, may be an online quiz, a presentation or based on classroom exercises.
Participants are required to attain a minimum of 75% attendance and pass the associated assessment in order to receive a digital Certificate of Completion issued by Singapore Management University.
SPEAKER
Matthew Brown
Matthew is a Senior Associate in Clifford Chance. Matthew acts for clients in a wide variety of high-value and complex international commercial and investment arbitration matters, with particular focus on joint venture disputes in South East Asia. He has advised on all aspects of the arbitral process, from emergency arbitrator applications through to enforcement of awards and has more than a decade's experience disputes across a range of sectors including energy, infrastructure, finance, media and hospitality.
Matthew writes regularly on developments in dispute resolution across APAC. He has been appointed as arbitrator in proceedings under the SIAC Rules and is a fellow of the Chartered Institute of Arbitrators. Clients describe him as "knowledgeable, available and responsive."
Jonathan Lai
Jonathan is a Senior Associate in the Litigation and Dispute Resolution practice of Clifford Chance Asia*. He has extensive experience in high-value disputes across various industries including natural resources and commodities, banking and financial services, as well as technology and gaming disputes. He represents high-profile clients such as state governments, Big Tech and international banks in a range of cross-border disputes entailing novel and complex issues.
Jonathan was named a Singapore Rising Star that "established himself as a knowledgeable and capable lawyer in his field" (Reuter's Asian Legal Business 2024) and is described as "nothing short of excellent" (Client Testimonial, November 2023). In Global Arbitration Review 100 (13th Edition), a client lauded Jonathan as having a "constant determination and drive" which "gave the client confidence the case was in good hands".
*Clifford Chance Asia is a Formal Law Alliance in Singapore between Clifford Chance Pte Ltd and Cavenagh Law LLP.
FEES AND FUNDING
