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 Graduate 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.
SPEAKERS
Elan Krishna
Elan is a Partner in Cavenagh Law LLP (Clifford Chance Asia). Elan has acted for clients in a wide variety of high-value and complex international commercial arbitration matters, with a particular focus on arbitrations involving allegations of fraud, corruption or illegality. He also has an active litigation practice centred on complex commercial appeals and cross-jurisdictional insolvency matters.
He has been recommended in Legal 500 Asia-Pacific with clients praising him as 'relentlessly productive’ and listed as a "Rising Star" for Commercial Arbitration in Euromoney's Expert Guides 2021 and 2022. Elan is recognised as a key lawyer by Legal 500 Asia-Pacific in Clifford Chance’s Tier-1 insolvency practice. Elan is a member of the Law Society of Singapore’s Inquiry Panel and International Relations Committee. He is also a Fellow with the Chartered Institute of Arbitrators.
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."
FEES AND FUNDING
