ABLI-SAL Cryptoasset Series – Cryptoassets and Civil Procedure Law (Singapore edition)

ABLI-SAL Cryptoasset Series – Cryptoassets and Civil Procedure Law (Singapore edition)

Authors:
Wendy Lin, Partner, Commercial & Corporate Disputes, WongPartnership LLP, Singapore
Jiamin Leow, Partner, Commercial & Corporate Disputes, WongPatnership LLP, Singapore
Mark Fisher, Deputy Executive Director, Asian Business Law Institute, Singapore

Asian Business Law Institute and Singapore Academy of Law

January 2023

Please contact info@abli.asia for queries relating to this publication. There is no hardcopy available.  

Cryptoassets and Civil Procedure Law (Singapore edition) examines how Singapore’s civil procedure law responds to the advent of cryptoassets.

Civil procedure law is the body of rules that the courts follow when adjudicating civil lawsuits. These rules govern how legal proceedings are commenced in Singapore, when and how notice of those proceedings must be given, the orders that the Singapore courts can grant, how those orders can be enforced and so on.

Given the borderless nature of cryptoassets, this Guide also discusses the enforcement or recognition of Singapore court judgments by the courts of foreign jurisdictions.

This Guide is divided into 13 parts. Each part is dedicated to a problem that a party to a civil proceeding before the Singapore courts may face. The solution provided by Singapore’s civil procedure law is discussed, as well as an analysis of how well that solution responds to the advent of cryptoassets.

This Guide has 105 pages. It is structured so that you do not need to read it from top to bottom. You can simply read the part dedicated to the problem in which you are interested.

Table of Contents

Ascertaining the identity and location of an unknown wrongdoer

Understanding the problem

Understanding Norwich Pharmacal orders

Norwich Pharmacal orders and cryptoasset disputes

References

Notifying a Singapore wrongdoer of legal proceedings commenced against it

Understanding the problem

Understanding substituted service

Substituted service and cryptoasset disputes

References

Notifying a foreign wrongdoer of legal proceedings commenced against it

Understanding the problem

Understanding service out of Singapore

Service out of Singapore and cryptoasset disputes

References

Locating a claimant’s misappropriated property

Understanding the problem

Understanding Bankers Trust orders

Bankers Trust orders and cryptoasset disputes

References

Ensuring the wrongdoer does not deal with, dispose of, dissipate or diminish the value of the claimant’s property

Understanding the problem

Understanding proprietary injunctions

Proprietary injunctions and cryptoasset disputes

References

Ensuring the wrongdoer can satisfy a judgment debt owed to the claimant

Understanding the problem

Understanding freezing injunctions

Freezing injunctions and cryptoasset disputes

References

Ensuring that legal costs can be recovered from an unsuccessful claimant

Understanding the problem

Understanding security for costs

Security for costs and cryptoasset disputes

References

Obtaining a judgment against an absent defendant

Understanding the problem

Understanding default judgments

Default judgments and cryptoasset disputes

References

Determining the nature and extent of a judgment debtor’s assets

Understanding the problem

Understanding orders for examination of an enforcement respondent

Orders for examination of an enforcement respondent and cryptoasset disputes

References

Enforcing a Singapore judgment against a judgment debtor’s Singapore assets

Understanding the problem

Understanding enforcement orders for seizure and sale of property

Understanding enforcement orders for attachment of a debt

References

Enforcing a Singapore judgment against the judgment debtor’s foreign assets

Understanding the problem

Understanding the enforcement of Singapore money judgments abroad

Cross-border enforcement of Singapore money cryptoasset judgments

References

Enforcing a Singapore non-money judgment against the wrongdoer in Singapore

Understanding the problem

Understanding enforcement orders for delivery or possession of property

Enforcement orders for delivery or possession of property and cryptoasset disputes

References

Enforcing a Singapore non-money judgment against the wrongdoer in a foreign jurisdiction

Understanding the problem

Understand the enforcement of Singapore non-money judgments abroad

Cross-border enforcement of Singapore non-money cryptoasset judgments

References

This publication is produced under ABLI's cryptoasset in Asia project with Dr Jason Allen as the Project Lead.