7. Pending Court or Arbitration Proceedings
Pending Court or Arbitration Proceedings
This page provides information on what you should do if you have pending Court or arbitration proceedings against you for issues related to your Notice of Negotiation/Notice of Revision.
If you qualify for the relief of renegotiation, and you have served a Notice of Negotiation on the other party, the other party is prohibited from taking certain legal and enforcement actions (e.g. commencing court or arbitration proceedings) against you, in relation your failure to perform any obligation due to be performed from the date of service of the Notice of Negotiation (“subsequent failure”).
If you qualify for relief under the Repayment Scheme for hire-purchase and equipment rental contracts and you have served a Notice of Revision on your financing or leasing company, your financing/ leasing company is prohibited from taking certain legal and enforcement actions (e.g. commencing court or arbitration proceedings) against you, in respect of your failure to pay any outstanding amounts due on or after 1 February 2020 to the date before the date of the Notice of Revision (“accrued arrears”).
The following procedures may be applicable to you if you have served or been served with a Notice of Negotiation or Notice of Revision:
Lodging a Memorandum of Notice of Negotiation / Notice of Revision
Withdrawal of the Notice of Negotiation /Notice for Adjustment /Notice for Compensation /Notice of Objection to Notice of Revision
Submitting a Notification of Status of Proceedings before Adjustment Relief Assessor
Lodging a Memorandum of Notice of Negotiation / Notice of Revision ↩
Where:
-
You have served a Notice of Negotiation or Notice of Revision on the relevant parties; and
-
Either:
a. There are any pending court or arbitral proceedings in relation to the subsequent failure (as defined above) at the time when you served the Notice of Negotiation, or in relation to the accrued arrears (as defined above) at the time when you served the Notice of Revision; or
b. such proceedings are commenced after you have served the Notice of Negotiation or Notice of Revision,
you may file a Memorandum of Notice of Negotiation /Notice of Revision to the relevant court or arbitral tribunal for the purpose of obtaining a stay or dismissal of the proceedings.
You may find out more information on how to file a Memorandum of Notice of Negotiation/Notice of Revision at the following websites:
- For proceedings before the High Court, please visit the Supreme Court’s website
- For proceedings before a District Court, Magistrate’s Court or the Small Claims Tribunals, please visit the State Courts’ website.
Withdrawal of the Notice of Negotiation /Notice for Adjustment /Notice for Compensation /Notice of Objection to Notice of Revision ↩
There are four circumstances in which you have to update the court or arbitration tribunal of the withdrawal of a Notice, namely:
No. | Circumstances in which the court or arbitration tribunal has to be updated on the withdrawal of a Notice |
1 | Where: – You had previously lodged a Notice of Negotiation with the court or arbitral tribunal; and – You have withdrawn that Notice of Negotiation by serving a Notice of Withdrawal on the relevant parties. |
2 | Where: – You, or the other party to the contract, had previously lodged a Notice of Negotiation with the court or arbitral tribunal; – You subsequently lodged a Notice for Adjustment with the adjustment relief Registrar (“Registrar”) and served the Notice for Adjustment on the relevant parties; – You have withdrawn that Notice for Adjustment by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties, and – The Notice for Adjustment that you withdrew is the only Notice for Adjustment which was lodged, or the last Notice for Adjustment to be withdrawn. |
3 | Where: – The other party to the contract had previously lodged a Notice of Negotiation with the court or arbitral tribunal; – No Notice of Objection or no Notice for Adjustment have been served and lodged; – You had previously lodged a Notice for Compensation with the Registrar and served the Notice for Compensation on the relevant parties; and – You have withdrawn that Notice for Compensation by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties. |
4 | Where: – The other party to the contract has previously lodged a Notice of Revision with the court or arbitral tribunal; – You subsequently lodged a Notice of Objection to Notice of Revision with the Registrar and served the Notice of Objection to Notice of Revision on the relevant parties; and – You have withdrawn that Notice of Objection to Notice of Revision by lodging the Notice of Withdrawal with the Registrar and serving the Notice of Withdrawal on the relevant parties. |
If you are in any of the four circumstances above, you must file a Memorandum of Service of Withdrawal of Notice of Negotiation /Notice for Adjustment / Notice for Compensation /Notice of Objection to Notice of Revision* with the court or arbitration tribunal within 4 working days after the date of the Notice of Withdrawal on the relevant parties.
You may find out more information on how to file a Memorandum of Notice of Negotiation/Notice of Revision at the following websites:
- For proceedings before the High Court, please visit the Supreme Court’s website
- For proceedings before a District Court, Magistrate’s Court or the Small Claims Tribunals, please visit the State Courts’ website.
Submitting a Notification of Status of Proceedings before Adjustment Relief Assessor ↩
There are three circumstances in which you have to update the court or arbitration tribunal of the status of proceedings before the adjustment relief Assessor (“Assessor”), namely:
No. | Circumstances in which the court or arbitration tribunal has to be updated of the status of proceedings before the Asessor |
1 | Where: – You, or the other party to the contract, had previously lodged a Notice of Negotiation or Notice of Revision with the court or arbitral tribunal; – You have served and lodged with the adjustment relief Registrar (“Registrar”) any of the following Notices: (a) Notice of Objection to a Notice of Negotiation; (b) Notice for Adjustment; (c) Notice for Compensation; or (d) Notice of Objection to a Notice of Revision, and – The Registrar has appointed one or more Assessors to make a determination or determinations under section 65(2) or section 66 of the Act. |
2 | Where: – You have lodged a Notice of Objection to a Notice of Negotiation; and – Either: (a) The Registrar has refused to accept the Notice of Objection to a Notice of Negotiation, or (b) You have withdrawn the Notice of Objection to a Notice of Negotiation; and – The Registrar has appointed one or more Assessors to make a determination on the rights and obligations of the parties and their assignees. |
3 | Where: – You had previously lodged a Notice of Negotiation or Notice of Revision with the court or arbitral tribunal; – The proceedings for an Assessor’s determination have concluded, either because: (a) The Assessor has made all the determinations required to be made; or (b) The Registrar has determined that no Assessor needs to be appointed to make a determination on the rights and obligations of the parties and their assignees under section 65(2) of the Act. |
If you are in any of the three circumstances above, you must submit a Notification of Status of Proceedings before Adjustment Relief Assessor to the court or arbitral tribunal within 2 working days after the date the Registrar sends the notice of appointment of the Assessor, or after the conclusion of proceedings before the Assessor.
You may find out more information on how to file a Memorandum of Notice of Negotiation/Notice of Revision at the following websites:
- For proceedings before the High Court, please visit the Supreme Court’s website
- For proceedings before a District Court, Magistrate’s Court or the Small Claims Tribunals, please visit the State Courts’ website.