Published on:
17 Mar 2025
3
min read
Rene Terp; https://www.pexels.com/photo/man-s-holding-swords-clip-art-25755/.
To recap:
a) CSS is suing TORG and its CEO in Singapore;
b) TORG and its CEO applied to the Singapore Court to halt the lawsuit, in favour of a Court in the United States; and
c) TORG and its CEO did not succeed, and will have to continue to defend themselves in the Singapore Courts.
Below, I suggest some learning points, for those of us who do cross-border commerce.
--
1️⃣ Consider carefully where to start a lawsuit.
CSS is incorporated in Singapore. So it was not illogical for TORG to sue in Singapore.
But the location of the defendant is but one of many factors that go into the decision of where a lawsuit should be commenced. These factors include:
a) whether there is an applicable jurisdiction clause;
b) the governing law of the dispute;
c) where the parties are located;
d) where the parties' assets are located;
e) where the act(s) complained of took place;
f) where witnesses are located;
and the list goes on.
So - by all means, if you have a dispute with a party in Singapore, consult a lawyer in Singapore.²
But don't forget to ask this question:
"Apart from Singapore, where else can I sue? And what are the pros and cons of suing in Singapore, versus elsewhere?"
A lawyer who is worth their salt shouldn't feel offended by this question.³
And asking this question could save you from starting a claim in the wrong jurisdiction - which can wind up being an expensive mistake.
2️⃣ Be prepared to fight a procedural battle - even before addressing the substantive merits.
Even if you have chosen the right country to sue in, be prepared for your opponent to object to the jurisdiction of those Courts.
And that's because:
a) there is often a difference of opinion as to where the dispute should be heard, which the Court will need to adjudicate on; and
b) sometimes, it's a tactical move, especially if they are better-resourced than you and think that they can win a war of attrition.
There isn't much you can do about this, I'm afraid - after all, it is their prerogative to fight you tooth and nail if they wish to.
But there's something to be said about being forewarned and forearmed, in terms of:
a) being able to budget an appropriate amount of resources and time;
b) engaging the right lawyers who are experienced with and equipped to fight such skirmishes; and
c) being able to conduct a more accurate pre-litigation cost-benefit analysis.
3️⃣ Consider whether a lawsuit is even the most appropriate option for achieving your goals.
I won't sugarcoat it: suing is expensive and takes time.
So consider whether you really have to sue...
...or whether you have alternatives.
For example, if a competitor has been badmouthing you to your customer, would it make more sense to focus on strengthening your relationship with the customer?
You know your business far better than me. You decide.⁴
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ Part 1: https://www.linkedin.com/posts/khelvin-xu_footnotes-defamation-conflicts-activity-7302209936711720961-QRCn/
² I mean obviously I'm biased when I say this. Guilty as charged.
³ Because - and let's get real about this - a lawyer who wants your business might be incentivised to encourage you to sue in their jurisdiction, so that they can handle more of the brief (and invoice accordingly). But I hope that your lawyer is sufficiently professional, and puts your interests at the forefront, such that they point you towards what is in your best interests objectively and without being influenced by their billing targets.⁵
⁴ Again, I know it's a little counter-intuitive for a disputes lawyer like me to suggest that you don't always have to sue. But it's about thinking about the tradeoffs - after all, every act carries a price, whether monetary or otherwise.
⁵ Also, for what it's worth, I don't have a billing target. Ah, the joys of self-employment.