Key Steps in the Part 8 Proceedings
Before applying for relief under Part 8 of the Act
We strongly encourage all individuals and businesses to discuss any differences amicably between themselves and make best efforts to arrive at a mutually acceptable solution. You should only make an application for relief (“Application”) under Part 8 of the COVID-19 (Temporary Measures) Act (the “Act”) if you are unable to come to an amicable settlement with the other party or parties to the affected contract.
Please note that there cannot be concurrent proceedings in any other dispute resolution fora, which relate to the subject of your Application. Therefore, a Part 8 Application must be made before the following:
The commencement of court or arbitral proceedings in relation to the subject of the Part 8 Application.
The making of an adjudication application under the Building and Construction Industry Security of Payment Act (“SOPA”) in relation to the subject of the Part 8 Application.
The end of 2 months after the end of the prescribed period (i.e., before 31 May 2021).
The Registrar will reject any Application made after the commencement of court or arbitral proceedings, or after the making of an adjudication application under SOPA.
Frequently asked questions
Relief under Part 8 of the Act is applicable in the following thee situations. Further details are set out in the FAQs linked below:
Please note that the Assessor’s determination of the Part 8 Application (“Part 8 Determination”) is final and binding. There is no appeal from the Part 8 Determination.
Step 1: Applicant applies for relief under Part 8 of the Act
Any person who wishes to apply for relief under Part 8 (the “Applicant(s)” ) must submit an Application to the Registrar that is accompanied by:
- a copy of the affected contract; or
- if there is no written contract, a description of how the affected contract was made and the relevant terms of the affected contract; and
- all supporting documents which the Applicant wishes the Assessor to consider. (If the Applicant fails to submit sufficient supporting material, the Assessor may not be satisfied that relief should be granted.)
An Application can be submitted at no cost.
To submit the Application to the Registrar using the electronic system:
It is important that you use the correct link to submit the Application. Otherwise, the Application may be rejected.
In some instances, you may not be able to use CorpPass on behalf of a business, e.g. if the landlord is a REIT. In such instances, you may use the CorpPass or the SingPass of your duly authorized representative (e.g. the CorpPass of the duly authorised property manager of a REIT).
By submitting an Application, you agree:
- To keep any information or documents disclosed by the other party or parties for the purposes of the Application, or any matters discussed during the proceedings before the Assessor, confidential, and will not disclose any such information, documents or matters to any third parties.
- That the Registry may, collect, use, or disclose, any information or document that has been submitted with the Application including but not limited to any information under Part A of the Application. Such information or document may be disclosed to another public agency or third party (including officers, contractors, and agents thereof) insofar as it is required for the administration of the relief under Part 8 of the Act, or ascertaining compliance with any law, regulation, or guideline.
To register for a SingPass or CorpPass, please visit https://www.singpass.gov.sg or https://www.corppass.gov.sg, respectively.
Step 2: Registrar Reviews Part 8 Application
The Registrar will review the Application, and if it is in order, send to the Applicant:
An acknowledgement of receipt of the Application; and
A Response form or link to the Response form that the Respondent (i.e., the other party or parties to the contract) must submit to the Registrar.
Step 3: Applicant Serves Documents on Respondent
Within 2 working days after receiving the documents from the Registrar in Step 2, the Applicant must serve a copy of the Application together with the documents received from the Registrar in Step 2, on all the following Recipients:
- The other party or parties to the affected contract (the “Respondent”); and
- The guarantor or surety (if any) for the other party or parties to the affected contract
Please effect service of the documents using the methods listed here.
Step 4: Applicant Submits Declaration of Service
The Applicant must submit to the Registrar a Declaration of Service within 2 working days of completing Step 3. This is to show that the Applicant has served the documents on the other party or parties to the contract.
To submit the Declaration of Service using the electronic system:
- Please use this link (CorpPass) if you are applying for relief on behalf of a business entity.
- Please use this link (SingPass) if you are applying for relief in your own capacity.
Step 5: Respondent Submits Response
The Respondent must submit its Response to the Registrar within 5 working days after it is served with the documents in Step 3. The Respondent must also serve the Response on the following Recipient(s), where applicable:
- The Applicant;
- Every other party or parties to the affected contract; and
- Any guarantor or surety for the party or parties to the affected contract.
Submission and service by the electronic system
To submit and serve the Response using the electronic system (if you have an email address and the email address(es) of the Recipient(s)):
Please use this link (CorpPass), if you are submitting a Response on behalf of a business entity.
Please use this link (SingPass), if you are submitting a Response in your own capacity.
Submission and service by other modes if you are unable to use the electronic system
If you are unable to submit and serve the Response using the electronic system, please download the Response using this form and:
- Send the form to the Registrar by way of email as provided in the acknowledgement of receipt of application which was served on you (you should cite the Application No. in your email request); and
- Serve the form on the Recipient(s) using the other modes of service
Please note that if you are a Respondent, and you fail to submit a Response, the Assessor may proceed to make a determination on the Application, which will be final and binding on you.
Step 6: Registrar Sets Appointment for Hearing
If the Registrar is satisfied that Steps 3, 4 and 5 has been duly completed, the Registrar will send the Applicant and Respondent an email which sets out the following matters:
A notice of the appointment of an Assessor to determine the Application; and
A notice of the date and place for the hearing, if applicable.
Please note that the Registrar may proceed to fix a hearing if a Response has not been filed within the relevant period in Step 5.
Step 7: Assessor Conducts Hearing and Makes Determination
The hearing will generally be conducted by way of an exchange of emails. The Assessor may request for clarifications or further documents by email.
If the Assessor is of the opinion that the interest of justice would be better served by an online or physical hearing:
Online hearings will be conducted via Webex.
Physical hearings will be held at the State Courts Towers (1 Havelock Square, Singapore 059724) or other venue as advised by the Registrar.
Please note that for online or physical hearings:
An Assessor may permit a party to be accompanied by an interpreter at the hearing. The party will be responsible for procuring an interpreter at its own cost and expense.
Unless otherwise stated, no party may be represented by an advocate and solicitor at the proceedings.
If a party to a determination is absent from the hearing, the Assessor may dismiss the application or proceed to make a determination on the case.
If the party had a good reason for being absent, he may make an application to set aside the dismissal or determination made in his absence. See Application to Set Aside a Dismissal or Determination.
Step 8: Registrar Informs Applicant and Respondent of Assessor’s Determination
After the Assessor has made a determination, the Registrar will write to inform all parties of the outcome.
There is no appeal against an Assessor’s determination, which is final and binding on all parties to the Application.
The Registrar may publish the facts of the case, as well as any arguments made, and the determination that was issued. If so, appropriate redactions will be made such that personal data is not disclosed.