Factsheet on Supreme Court of Judicature (Amendment) Bill 2017

06 NOV 2017

6 Nov 2017 Posted in Press releases

The Bill amends the Supreme Court of Judicature Act to:

  • Make clear that the Singapore International Commercial Court (“SICC”) has jurisdiction to hear any proceedings relating to international commercial arbitration that the High Court may hear; and

  • Remove the procedure for “pre-action certification” applications to the SICC.

Singapore International Commercial Court

  • Singapore is a premier hub for international commercial dispute resolution. We offer a full suite of dispute resolution services – arbitration, mediation, litigation.

  • The SICC was established in January 2015 as a division of the Singapore High Court. It caters to the needs of the international commercial community, which includes targeting cases which would not otherwise be heard in Singapore, such as cross-border commercial disputes governed by foreign law.

    • The SICC enhances Singapore’s status as a leading forum of legal services and commercial dispute resolution.

    • To address the needs of international parties and differentiate it from other courts, the SICC offers innovative features, such as a diverse panel of local and international judges, as well as more flexible procedural rules. For example, parties may by consent apply for the application of non-Singapore rules of evidence that they are familiar with to their proceedings before the SICC.

Clarification on the SICC’s Jurisdiction

  • Presently, section 18D of the Supreme Court of Judicature Act (SCJA) which sets out the SICC’s jurisdiction does not make explicit mention that the SICC has jurisdiction to hear proceedings relating to international commercial arbitration that the High Court may hear under the International Arbitration Act (IAA).

  • The present amendments make clear that the intention is for the SICC, as a division of the High Court, to also be able to hear matters relating to the IAA, such as cases where the High Court exercises its supervisory jurisdiction over international arbitrations seated in Singapore.

  • The amendment clarifies beyond doubt that proceedings under the IAA relating to international commercial arbitration can be heard by the SICC, and therefore can benefit from the SICC’s expertise among its international judges who come from both civil law and common law jurisdictions.

  • In terms of legal representation for matters under the IAA, there will be no change to the status quo, i.e., only Singapore lawyers from Singapore law practices can appear in matters under the IAA, whether in the High Court or in the SICC.

Pre-Action Certification Procedure

  • Currently, a party intending to commence an action in the SICC, or who may be a party to an action commenced in the SICC, may apply for a pre-action certificate to certify, for example, that the claims in an intended action are of an international and commercial nature. Following feedback from users that the pre-action certification procedure is of limited utility, it will be removed.

Last updated on 12 Jun 2018