1. SINGAPORE INTERNATIONAL COMMERCIAL COURT (SICC)
COMBAR LECTURE
SINGAPORE INTERNATIONAL COMMERCIAL COURT (SICC)
Jurisdiction and Procedures
Sir Bernard Eder – 16 November 2015

2. Singapore to provide a neutral venue in Asia for dispute resolution
Rationale for the SICC
Continued growth of trade, business, investment, and finance in Asia
Increasing number and complexity of cross border disputes
Demand for effective dispute resolution services
Singapore to provide a neutral venue in Asia for dispute resolution “
The careful thinking involved in the establishment of the SICC reflects Singapore’s commitment to establishing itself as an international hotspot for cross-border litigation in Asia.
Global Arbitration Review (17 July 2015) ”

3. The SICC A court for cross-border commercial disputes,
including those governed by foreign law
A court for foreign parties,
particularly those in Asia.
A court for parties who prefer to have their disputes resolved in court. 3

4. International commercial disputes
Key Features of the SICC
Open proceedings
Attractive to parties who prefer/require:
Transparency of open proceedings.
Availability of appeal.
Avoiding party-appointed tribunals.
The ability to join third parties.
Representation
Specialist Judges
International commercial disputes
Procedure
Enforceability
Jurisdiction

5. Key Features of the SICC
Specialist Judges
Key Features of the SICC

6. Key Features of the SICC
Specialist Judges
Key Features of the SICC

7. SICC Website: www.sicc.gov.sg
Access to model clauses
Access to Rules of Court, Practice Directions and User Guides
Information on registration of foreign lawyers
Filing a case

8. www.sicc.gov.org SICC Rules of Court
The Supreme Court of Judicature Act (Cap 322) sets out the constitution and powers of the Supreme Court of Singapore of which the SICC is part.
SICC Rules of Court
Proceedings in the SICC are governed by the Rules of Court (Cap 322, R5) as modified by Order 110 which prescries procedures for SICC proceedings and appeals from the SICC
SICC Practice Directions & User Guides
In addition, the SICC has its own Practice Directions and User Guides:
The PDs set out procedural guidelines for all proceedings in the SICC
The User Guides provide guidance on certain features of SICC proceedings viz (i) Jurisdiction of the SICC; (ii) Commencing an action in the SICC; (iii) Foreign representation; and (iv) Pre-action certificates.
Jurisdiction 8

9. SICC Practice Directions
Set out procedural guidelines for all proceedings in the SICC.
Part I : Scope and application
Part II : General matters
Part III : Constitution of the Court and Court of Appeal
Part IV : Representation
Part V : Offshore case
Part VI : Pre-action certificate
Part VII : Fees
Part VIII : Electronic filing and use of technology facilities
Part IX : Commencement, transfer and cessation of proceedings in the Court
Part X : Originating processes and documents
Part XI : Service
Part XII : Case management
Part XIII : Expert witnesses
Part XIV : Requests for production of documents
Part XV : Confidentiality in proceedings before the Court
Part XVI : Conduct of hearings
Part XVII : Interlocutory applications (including applications for injunctions)
Part XVIII : Evidence for trial
Part XIX : Trials and other hearings
Part XX : Judgments and orders
Part XXI : Enforcement of judgments and orders
Part XXII : Appeals
Part XXIII : Costs

10. SICC JURISDICTION Basic jurisdictional requirements: O.110 r.7
Claims are of an “international and commercial nature”: see O.110 r.1(2)
Submission to jurisdiction under a written jurisdiction agreement; and
Parties do not seek any relief in the form of, or connected with, a prerogative order.
May decline to assume jurisdiction if it is not appropriate for the action to be heard in the SICC: O.110 r.8
Has jurisdiction over cases transferred to the SICC: O.110 r.12 10

11. Definition of “international” claim: O.110 r.2(2)(a):
Jurisdiction 11

12. Definition of “commercial” claim: O.110 r.2(2)(b):
Jurisdiction 12

13. JOINDER OF THIRD PARTIES: O.110 r.9
Other parties can be joined to an action even if:
- Claims in relation to such other parties are not of an international and commercial nature; or
- Such other parties have not submitted to the SICC’s jurisdiction (this does not apply if the party sought to be joined is a State or sovereign of a State).
This is provided that (O.110 r.9(b)):
- Claims in relation to such other parties do not include any relief in the form of, or connected with, a prerogative order; and
- Such claims are “appropriate” to be heard in the SICC.

14. Open Proceedings
CONFIDENTIALITY ? – O.110 r.30
SICC proceedings are conducted either in open court or in camera.
Parties may apply for proceedings to be confidential and Court file sealed.
In so deciding, Court may have regard to whether the case is an offshore case and whether there is any agreement for confidentiality between the parties. 14

15. Disclosure & Interrogatories O.110 rr.14-22
No general discovery
Rather (similar to IBA):
- Each party must disclose documents on which it relies: O.110 r.14
- Other party may then serve request to produce documents: r.15
- There is then a procedure enabling party to “object” to further production: r.16
- On application, Court may order further production: r.17
- In addition, there is a procedure for service of interrogatories: r.22

16. Evidence: rr.23-24

17. Foreign Law rr
Court has power to order any question of law to be determined on the basis of submissions instead of proof: r.25(1)
Before making such order, Court must be satisfied that all parties are or will be represented by Counsel who are competent to submit on the relevant question of law of each party.
There are also detailed ancillary rules.

18. REPRESENTATION See generally:
In summary:
Legal Profession Act Part IVB s.36P (Cap 161) grants certain rights of audience to registered foreign lawyers.
There are two main types of “registration” ie.
“full registration”
“restricted registration”

19. FULL REGISTRATION – s.36P(1)
NB: “relevant proceedings” and “relevant appeal” are both defined terms (see s.36O) meaning any proceedings or appeal as may be prescribed – see below.

20. RESTRICTED REGISTRATION – s.36P(2)
NB as before: “relevant proceedings” and “relevant appeal” are both defined terms (see s.36O) meaning any proceedings or appeal as may be prescribed – see below.

21. The relevant rules are contained in Legal Profession (Foreign Representation in Singapore International Commercial Court) Rules 2014 (the “Rules”)
rofession_Foreign_Representation in_Singapore_International_Commercial_Court_Rules _2014.pdf

22. S.3(1) of the Rules defines “relevant appeal”

23. S.3(2) of the Rules defines “relevant proceedings”

24. “Relevant proceedings” (cont’d)

25. Pre-certification: O.110 rr 39-44
NB: Two modes of applying, through:
Administrative process by submitting a joint request.
Judicial process by submitting a single-party application.
Optional and may be subsequently set aside under O.110 r.44.

26. Definition of “off-shore case”: 0110.r1(1)
NB: see also: rr 34-37

27. Application process for registration as a foreign lawyer
Registration process set out in the Rules Part 2 sections 4-12
See generally:

28. Qualifications/requirements for “full registration: Rules s.4(1)

29. Qualifications/requirements for restricted registration: Rules s.4(2)

30. COSTS
Costs are at the discretion of the Court, which has the full power to determine by whom and to what extent the costs are to be paid.
Costs are generally to be borne by the unsuccessful party, who shall pay the reasonable costs of the application or proceedings to the successful party.
Costs orders made will more likely reflect the investment of commercial parties in the litigation process.
Matters that the Court may take into account are set out in the SICC Practice Directions, including the conduct of the parties, value of the claim, complexity of the subject matter, skill, expertise and specialised knowledge required, novelty of the issues raised, and time and effort expended.

31. ENFORCEABILITY
Widely enforceable in common law and even some civil law jurisdictions.
Means of enforcement:
Bilateral arrangements.
Action on judgment debt.
Legislative and contractual provisions.
Hague Convention on Choice of Court Agreements:
Entering into force on 1 Oct 2015.
Current State Parties: Mexico and EU (except Denmark).
States which have signed but not yet ratified: US and Singapore.

32. SICC Transfer Cases
BCBC Singapore Pte Ltd & Anor v PT Bayan Resources TBK & Anor.
Involves business interests in Australia, Indonesia and Singapore, and a large-scale industrial project relating to extraction and upgrading of coal.
Includes a claim of about US$750m and a counterclaim of about US$59m.
Telemedia Pacific Group Limited & Anor v Yuanta Asset Management International Limited & Anor.
Involves foreign individuals and their respective British Virgin Islands companies relating to breaches of agreements for the raising of funds and investments.
Includes a claim of about S$14m and further damages representing the value of shares and a counterclaim of about S$13m.

33. THE END 33