Terms & Conditions

In these Terms and Conditions, the following terms carry the meanings set out below unless the context requires otherwise:

"Batik Partners" / "We" / "Us" / "Our"

Refers to Batik Partners, a dispute resolution practice registered and operating in Singapore, with offices at 20 Cecil Street, #15-04, Plus, Singapore 049705.

"Client" / "You" / "Your"

Refers to any individual, company, partnership, or other legal entity that engages Batik Partners for services or accesses our website and related materials.

"Services"

Refers to commercial mediation, arbitration representation, negotiation facilitation, and any ancillary advisory activities provided by Batik Partners.

"Agreement"

Refers to the engagement letter or service agreement, together with these Terms and Conditions, forming the entire arrangement between Batik Partners and the Client.

"Content"

Refers to all written submissions, documents, statements, and materials provided by either party in connection with any engagement.

"Applicable Law"

Refers to the laws of the Republic of Singapore, including the Mediation Act 2017, the International Arbitration Act 1994 (Cap. 143A), and the Legal Profession Act 1966 (Cap. 161), as amended from time to time.

By submitting an enquiry, signing an engagement letter, or otherwise instructing Batik Partners to act on your behalf, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

These Terms apply to all interactions with Batik Partners, including initial consultations, formal engagements, and any subsequent communications or services.

Eligibility: To engage Batik Partners, you must be at least 18 years of age and possess the legal capacity to enter into a binding agreement under Singapore law. Corporate clients must be duly incorporated or registered entities acting through an authorised representative.

If you are engaging on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not have such authority, you should not proceed with the engagement.

Batik Partners provides the following categories of dispute resolution services:

• Commercial Mediation Services: Structured facilitation of mediation sessions for commercial disputes, including pre-mediation consultation, preparation of position statements, conduct of sessions, and drafting of settlement agreements where resolution is reached.
• Arbitration Representation & Advisory: Legal representation in domestic and international arbitration proceedings administered by SIAC, ICC, HKIAC, and other recognised institutions, from filing through to post-award enforcement matters.
• Negotiation & Settlement Facilitation: Advisory and facilitation for parties seeking to resolve disputes through direct negotiation, including strategy preparation, settlement proposal drafting, and session attendance.

Service availability is subject to practitioner capacity, conflict checks, and the nature of the matter. Batik Partners reserves the right to decline instructions at its reasonable discretion without being required to provide reasons.

Nothing in these Terms or on our website constitutes legal advice. Specific advice is provided only once a formal engagement letter has been signed.

A formal engagement commences upon the signing of an engagement letter issued by Batik Partners. An initial consultation or enquiry does not constitute a formal engagement and does not create any advisory relationship.

Where written instructions are required, they must be provided clearly and in a timely manner. Batik Partners will act only on instructions provided by the Client or an authorised representative. Instructions that appear ambiguous or incomplete may be queried before action is taken.

The scope of each engagement is defined in the corresponding engagement letter. Any material change to the scope will be confirmed in writing before additional work proceeds.

To enable effective service delivery, Clients are expected to:

• Provide accurate, complete, and timely information relevant to the matter.
• Disclose all material facts, including facts that may be adverse to the Client's position.
• Respond promptly to requests for instructions, information, or documentation.
• Attend scheduled meetings and sessions unless prevented by exceptional circumstances.
• Not engage in conduct that is misleading, dishonest, or prejudicial to any process.
• Settle invoices within the agreed payment terms.

Batik Partners shall not be responsible for delays or adverse outcomes arising from the Client's failure to fulfil these responsibilities.

Prohibited Conduct

Clients must not use Batik Partners' services in connection with any activity that is unlawful under Singapore law, intended to prejudice the rights of any party, or that constitutes an abuse of any dispute resolution process. Instructions that appear to pursue such purposes will be declined, and the engagement may be terminated in accordance with Section 11.

Fees for services are as set out in the engagement letter or as otherwise agreed in writing. Indicative rates published on our website are starting figures and the actual fee will depend on the nature and complexity of the matter.

Fees are quoted and payable in Singapore Dollars (SGD). Payment is due within fourteen (14) calendar days of the date of the invoice unless a different term is specified in writing.

Batik Partners may request a deposit or retainer prior to commencing work. The amount and conditions will be stated in the engagement letter.

Disbursements

Any filing fees, institutional charges (e.g., SIAC, ICC, HKIAC), travel costs, translation fees, or other third-party disbursements incurred in connection with an engagement will be charged to the Client separately and at cost, unless otherwise agreed.

Late Payment

Overdue amounts will accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower, calculated from the due date until the date of actual payment. Batik Partners reserves the right to suspend services in the event of material non-payment.

Refunds

Fees for work already performed are not refundable. Where an engagement is terminated before completion, Batik Partners will issue a final invoice for all work completed and disbursements incurred to the date of termination. Any retainer amount held in excess of this will be returned to the Client within 21 days.

Batik Partners treats all information shared in the context of an engagement as confidential. We will not disclose such information to third parties without the Client's consent, except where disclosure is required by law, by a court order, or by the rules of a regulatory or institutional body with jurisdiction over us.

Communications made during mediation sessions are confidential in accordance with the Mediation Act 2017 (Singapore). Nothing said or produced during a mediation may be used in subsequent proceedings without the agreement of all parties, subject to the statutory exceptions provided in that Act.

Clients are equally expected to treat confidential information relating to Batik Partners' processes, practitioner assessments, and internal procedures as confidential and not to disclose them without consent.

All materials, templates, methodologies, and written work product prepared by Batik Partners in the course of an engagement remain the intellectual property of Batik Partners unless expressly transferred in writing.

Clients are granted a non-exclusive, non-transferable licence to use deliverables (such as settlement agreements, position statement templates, and procedural guides) solely for the purpose of the engagement for which they were prepared.

The content of our website, including text, design elements, and documentation, is the property of Batik Partners. It may not be reproduced, distributed, or modified without our written consent.

Documents submitted by Clients in connection with an engagement remain the property of the Client. Batik Partners will retain copies only for the period required by applicable professional and regulatory obligations.

Dispute resolution processes, including mediation, arbitration, and negotiation, do not produce predetermined outcomes. Batik Partners does not represent that any particular result will be achieved. The quality and thoroughness of our work does not determine the ultimate outcome of any dispute, which depends on multiple factors beyond our control.

Information provided on our website is for general guidance only and does not constitute legal advice. Each dispute has its own facts and circumstances, and any general information should not be applied to a specific situation without professional assessment.

We are not responsible for the conduct, statements, or decisions of other parties in any dispute resolution process, or for the actions of any arbitral institution, court, or enforcement authority.

To the extent permitted by law, Batik Partners' total aggregate liability to a Client for any claim arising out of or in connection with an engagement shall not exceed the total fees paid by that Client in respect of the specific matter to which the claim relates, in the twelve (12) months preceding the event giving rise to the claim.

Batik Partners shall not be liable for any indirect, consequential, special, or punitive loss or damage, including but not limited to loss of profit, loss of business opportunity, or reputational harm, even if we were advised of the possibility of such loss.

These limitations do not apply in cases of fraud, wilful misconduct, or where a limitation is prohibited by law.

Force Majeure

Batik Partners shall not be in breach of these Terms, and shall incur no liability, for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of government, natural disasters, pandemic conditions, or infrastructure failures.

By the Client: A Client may terminate an engagement by giving written notice to Batik Partners. Upon termination, the Client remains responsible for all fees accrued and disbursements incurred up to the effective date of termination.

By Batik Partners: We may terminate an engagement by giving reasonable written notice where:

• The Client fails to pay fees within the agreed terms after a reminder has been issued;
• A conflict of interest arises that cannot reasonably be managed;
• The Client provides materially misleading information or withholds relevant facts;
• Continuing the engagement would place us in breach of our professional obligations or applicable law.

Effect of Termination: Upon termination, Batik Partners will return all Client documents and materials in our possession upon request, subject to any lien for unpaid fees. Provisions relating to confidentiality, intellectual property, liability, and payment survive termination.

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Singapore.

If a dispute arises between a Client and Batik Partners, the parties will first attempt to resolve it through good faith discussion between the relevant representatives. If the matter is not resolved within 30 days of written notice, either party may refer the dispute to the Singapore Mediation Centre (SMC) for mediation.

If the dispute remains unresolved following mediation, or if either party declines mediation, the parties submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.

Entire Agreement: These Terms, together with the engagement letter, constitute the entire agreement between the parties in respect of the relevant engagement and supersede all prior representations, discussions, or understandings.

Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver: No failure or delay by Batik Partners in exercising any right under these Terms shall constitute a waiver of that right, nor shall a single exercise of any right preclude further exercise of that or any other right.

Assignment: Clients may not assign their rights or obligations under these Terms without our prior written consent. Batik Partners may assign or transfer its rights and obligations to a successor entity upon written notice to the Client.

Notices: Notices under these Terms must be in writing and may be delivered by email to the address on record, or by post to the registered business address of the respective party.

Third Parties: These Terms do not confer any rights on third parties. The Contracts (Rights of Third Parties) Act 2001 (Singapore) does not apply to these Terms.

Batik Partners may update these Terms from time to time to reflect changes in our services, operational practices, or applicable law. The revised Terms will be published on our website with the updated effective date.

For ongoing engagements, we will notify Clients of any material change by email prior to the change taking effect. Continued engagement following notification constitutes acceptance of the revised Terms.

We encourage Clients to review these Terms periodically. The version in effect at the time of a specific engagement will govern that engagement, unless both parties agree otherwise in writing.