Cryptoassets and Civil Procedure Law (Singapore edition) (PDF Only)

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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 publication also discusses the enforcement or recognition of Singapore court judgments by the courts of foreign jurisdictions.
This publication 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 publication 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