
LITIGATION
In the litigation and dispute resolution practices, lawyers primarily assist clients in resolving disputes, usually with a commercial aspect. Dispute resolution practices in large firms deal with high-value and complex commercial disputes, often of a cross-jurisdictional nature. Disputes can concern anything from unfulfilled contractual terms to infringement of intellectual property rights, construction or energy project claims, and private equity or financial work.
Lawyers are tasked with advising claimants as to whether they have a valid claim; and defendants as to whether they should settle or fight a claim made against them in court. Apart from gathering evidence and witnesses to support the client’s position, a good litigator also has to develop winning case strategies. Many young litigators will spend a large amount of time sifting through various documents, and copying them in order to present to the court and all other parties with a bundle of evidence. Where there is an unsatisfactory correspondence with the other party, lawyers will have to issue court proceedings or commence alternative dispute resolution. They will then have to attend trials, arbitration and mediation with their clients.
Trainee workloads would depend on the type of firm and the type of clients represented. It is unlikely that a trainee will be given individual responsibility on a huge international banking dispute, though a trainee may have the chance to go to court during his or her training contract. Firms that deal with smaller claims would expect a trainee to deal with all aspects of a case, which include drafting correspondence, attendance on calls, legal research, interim court applications, meetings with clients, settlement negotiations and bundling. Working under pressure is essential since you will often be facing impending deadlines. As litigators need to express themselves succinctly and precisely, a good introduction to this would be participating in a moot or a mock-trial organised by your law school.
Where disputes are not settled via negotiation, they will either be brought to court litigation or settled through arbitration or mediation. In commercial contracts, disputes are usually concluded through arbitration, which involves a private court. On the other hand, mediation is often achieved through structured negotiations between the parties and overseen by an independent mediator.
For many years, London has been the preferred seat of international litigation and arbitration. However, Singapore has also started establishing its dominance in the disputes sector. The Singapore International Arbitration Centre (SIAC) was set up in 1991 and it comprises of an English-speaking commercial court. The SIAC Court of Arbitration consists of 17 arbitration practitioners from various parts of the world, and SIAC arbitration awards have been enforced in many countries.