Dispute resolution—international Q&A guides

The Lexology Getting the Deal Through (GTDT) guides provide up-to-date, trusted and reliable information on key topics of law and regulation in various jurisdictions, based on contributions from thousands of leading practitioners around the world.

For international dispute resolution, the GTDT guides are supplemented for Singapore with Practice Notes provided by Singapore law firm,  Bird & Bird ATMD LLP.

International comparator tool

The International comparator tool  is designed to allow lawyers to compare legal differences across two or more jurisdictions in any given practice area. Using information from the Getting the Deal Through Guides, it can generate over two billion answers to your comparison requests. This is a valuable aid to uncover issues in cross-border matters and multi-jurisdictional disputes. See: Practice Note: International Comparator tool.

The questions and answers raised in the International Dispute Resolution guide

When dealing with litigation, the Getting the Deal Through guides provide information in the form of a series of questions and answers. The questions are set out below, followed by links to the various Practice Notes, which deal with each of the guides:

The guide answers

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Latest Dispute Resolution News

Court of Appeal confirms narrow scope for post-limitation substitution in wrong defendant cases (Adcamp LLP v Office Properties)

Dispute Resolution analysis: The Court of Appeal has held that CPR 19.6(3)(b) does not permit substitution of defendants after expiry of the relevant limitation period where substitution would change the essential facts necessary to establish liability against the substituted defendant. The respondents had issued proceedings against successor firms which acquired the alleged wrongdoer believing that any liabilities had been transferred. When it emerged (or was at least disputed) that liabilities had transferred, they sought to add or substitute the wrongdoer after limitation had expired. The Court of Appeal held that CPR 19.6(3)(b) was not engaged since the substitution would change the claim in substance, as an essential element of the case against the original defendants (the pleaded basis for the acquiring firms’ liability), would be replaced (by the primary liability claim). It was, in effect, a different claim against a different party. The Court of Appeal was clear that any perceived harshness this might cause claimants could not be mitigated by adopting a broad reading of CPR 19.6(3)(b). Rather, it considered that the source of the problem (if any) was caused by earlier, binding Court of Appeal authority confining the ‘mistake’ gateway in CPR 19.6(3)(a) to errors of name (misnomer) and not cases of mistaken identity/legal responsibility. Any solution, if required, would therefore be a matter for the Supreme Court.

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