Deminor Wiki - Singapore International Commercial Court
Read below for a definition of the term: "Singapore International Commercial Court".
What is the "Singapore International Commercial Court"?
The Singapore International Commercial Court (SICC) is a division of the Singapore Supreme Court, established to address high-value, cross-border commercial disputes. Founded in 2015, the SICC aims to position Singapore as a leading hub for international dispute resolution by offering an impartial, efficient, and innovative forum for resolving complex commercial cases. With its unique mix of common law principles and internationalized procedures, the SICC appeals to businesses and litigants from around the world.
Structure and Composition
The SICC operates as a specialized court within Singapore’s judicial system but differs in several respects from traditional courts. It includes:
- International Judges: The SICC is composed of both Singaporean judges and experienced international judges from various legal backgrounds, appointed based on their expertise in commercial law. This diversity enhances the court’s ability to handle cases involving multiple legal systems and international commercial practices.
- Panel System: Cases are typically heard by a panel of one or more judges, with the court selecting judges based on their expertise relative to the dispute.
- Administrative Support: The SICC is supported by the Registry of the Supreme Court, which oversees case management and administrative duties, ensuring efficient handling of proceedings.
Jurisdiction and Legal Competence
The SICC’s jurisdiction covers transnational commercial disputes that meet certain criteria, including:
- Choice of Court: Parties may agree to have their dispute resolved by the SICC, whether or not they have any connection to Singapore.
- Commercial Nature: The dispute must be commercial, typically involving areas such as international trade, finance, construction, intellectual property, and joint ventures.
- No Necessity for Singaporean Law: Unlike traditional Singapore courts, the SICC can apply foreign law and is open to expert evidence on foreign law, enabling it to adjudicate disputes that involve diverse legal systems.
The SICC offers flexible procedures, including options for confidentiality in appropriate cases, allowing businesses to maintain privacy in sensitive commercial matters. Additionally, parties are free to represent themselves or appoint foreign lawyers to appear before the SICC under certain conditions, further enhancing its appeal for international clients.
Procedure and Features
The SICC integrates international arbitration principles with traditional court procedures, offering an adaptable and streamlined process for resolving commercial disputes:
- Internationalized Procedures: The SICC uses procedures that align with international commercial practices, including simplified evidence rules and flexible case management.
- Expert Witnesses and Foreign Law: The court permits the use of expert witnesses on foreign law and allows parties to agree on which jurisdiction’s law should apply, making it highly adaptable for international cases.
- Case Management Conferences: Regular case management conferences ensure efficient scheduling and prevent unnecessary delays, aiming to deliver resolutions in a timely manner.
- Enforcement of Judgments: Judgments from the SICC are enforceable as judgments of the Singapore High Court, meaning they can be recognized and enforced in multiple jurisdictions under international agreements such as the Hague Convention on Choice of Court Agreements.
Advantages and Appeal
The SICC offers several advantages that make it an attractive venue for resolving international commercial disputes:
- Impartiality and Expertise: With a bench of experienced international and local judges, the SICC is regarded for its expertise in complex commercial matters.
- Flexible and International-Friendly Procedures: The court’s procedures allow flexibility in terms of legal representation, language use, and confidentiality, making it more accessible and user-friendly for international parties.
- Cost Efficiency and Speed: Compared to traditional litigation, the SICC provides a faster and often more cost-effective process, thanks to its streamlined procedures and dedicated case management.
Influence and Notable Cases
The SICC offers several advantages that make it an attractive venue for resolving international commercial disputes:
- Impartiality and Expertise: With a bench of experienced international and local judges, the SICC is regarded for its expertise in complex commercial matters.
- Flexible and International-Friendly Procedures: The court’s procedures allow flexibility in terms of legal representation, language use, and confidentiality, making it more accessible and user-friendly for international parties.
- Cost Efficiency and Speed: Compared to traditional litigation, the SICC provides a faster and often more cost-effective process, thanks to its streamlined procedures and dedicated case management.