Singapore International Commercial Court
The idea to create the SICC to grow the legal services sector and to expand the scope for the internationalisation and export of Singapore law was first mooted by The Honourable Chief Justice Sundaresh Menon at the Opening of Legal Year 2013. Soon thereafter on 13 May 2013, a committee co-chaired by then Senior Minister of State for Law and Education, Indranee Rajah SC, then Judge of Appeal VK Rajah and other eminent international and local lawyers and legal experts was officially constituted to study the viability of developing a framework for the establishment of the SICC.
The Report of the Singapore International Commercial Court Committee was released on 29 November 2013. The government welcomed the recommendations of the Committee and took it into consideration. Shortly thereafter, a public consultation on the report was conducted between 3 December 2013 and 31 January 2014. The framework for the establishment of the SICC was finalised in the fourth quarter of 2014, and the SICC was officially launched on 5 January 2015.
Singapore is widely recognised as the leading arbitration hub in Asia and the preferred base for international law firms as well as corporate counsel of multi-national corporations (MNCs) within Southeast Asia and South Asia. Building on the success of Singapore’s arbitration sector, the SICC seeks to further boost Singapore’s value as a leading forum for legal services and international commercial dispute resolution, offering litigants the option of having their disputes adjudicated by a panel of experienced judges comprising specialist commercial judges from Singapore and international judges from both civil law and common law traditions.
Parties can take advantage of a well-designed court-based mechanism which will enable them to avoid one or more of the following problems often encountered in international arbitration:
(a) over-formalisation of, delay in, and rising costs of arbitration;
(b) concerns about the legitimacy of and ethical issues in arbitration;
(c) the lack of consistency of decisions and absence of developed jurisprudence;
(d) the absence of appeals; and
(e) the inability to join third parties to the arbitration.
Given the growing prominence of Asia as a choice destination for foreign trade and investment, Singapore’s strategic geographical location together with its well-developed and respected legal system and legal infrastructure makes it well placed to become the Asian dispute resolution hub to cater to the growth in cross-border, multi-jurisdictional disputes in Asia and beyond.
The SICC serves as a companion rather than a competitor to arbitration as it seeks to provide parties in transnational business with one more option among a suite of viable alternatives to resolve transnational commercial disputes. It enhances Singapore’s share of the global legal services pie without compromising Singapore’s success as a seat of international arbitration as well as the international recognition and acclaim enjoyed by the Singapore International Arbitration Centre (SIAC).
Source:
www.sicc.gov.sg
The jurisdiction of the Singapore International Commercial Court is governed by section 18D of the Supreme Court of Judicature Act (Cap 322) read with Order 110 Rule 7 of the Rules of Court.
The SICC has jurisdiction to hear and try an action if
(a) The claim in the action is of an international commercial nature;
(b) The parties to the action have submitted to the SICC’s jurisdiction under a written jurisdiction agreement; and
(c) The parties to the action do not seek any relief in the form of, or connected with, a prerogative order (including a mandatory order, a prohibiting order, a quashing order or an order for review of detention).
Location and Facilities
The Supreme Court is located at 1 Supreme Court Lane, Singapore 178879. The building is situated up north from the Singapore River within the heart of Singapore’s Colonial District.
The nine-storey building spans 77,609 square meters and has chambers and civil, criminal and appeal courts. At the top of the building is a disc-like structure which houses the court of appeal.
The Supreme Court building also houses the Supreme Court Library.
Source:
www.supremecourt.gov.sg
History of Supreme Court Building
Prior to 2005, the Supreme Court was formerly housed within the Old Supreme Court Building which was built between 1937 and 1939. Located at St Andrew’s Road, the building was originally constructed to house just four courts. Due to an increasing workload, 12 additional courtrooms were constructed in the adjacent City Hall Building in 1986.The Old Supreme Court Building was gazetted as a national monument in 1992. It was vacated in 2005 with the opening of the current Supreme Court building, situated directly behind the Old Supreme Court. The building has since been restored, and, together with the adjacent City Hall building, now houses the National Gallery Singapore, a visual arts museum.
The current Supreme Court Building has been the seat of Singapore’s highest court since mid-2005. The building was officially opened by President S.R. Nathan in 2006.
Hierarchical Structure
The Court of Appeal has been Singapore’s court of final appeal since 8 April 1994, when appeals to the Judicial Committee of the Privy Council were abolished.
The Chief Justice sits in the Court of Appeal together with the Judges of Appeal. A Judge, Senior Judge, International Judge or Judicial Commissioner may sit in the Court of Appeal on such occasion as the Chief Justice requires.
The High Court consists of the Chief Justice and the Judges of the High Court. A Judge of Appeal, Senior Judge or Judicial Commissioner may sit in the High Court on such occassion as the Chief Justice requires. An International Judge may sit in the SICC division of the High Court on such occasion as the Chief Justice requires.
The Supreme Court Registry is headed by the Registrar of the Supreme Court, who is assisted by the Deputy Registrar, Senior Assistant Registrars and Assistant Registrars who perform judicial functions. Certain civil proceedings in the High Court, which are heard in chambers, are dealt with by the Registrars.
Source:
www.supremecourt.gov.sg
Jurisdiction
The High Court hears both criminal and civil cases as a court of first instance. The High Court also hears appeals from the decisions of District Courts and Magistrate’s Courts in civil and crimial cases, and decides points of law reserved in special cases submitted by a District Court or Magistrate’s Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all courts in any civil or criminal matter.
With a few limited exceptions, the High Court has jurisdiction to hear and try any action where the defendant is served with a writ or other originating process in Singapore, or outside Singapore in the circumstances authorised by the Rules of Court, or where the defendant submits to the jurisdiction of the High Court.
Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000. For probate matters, a case is brought to the High Court only if the value of the deceased’s estate is more than $3 million or if the case involves the resealing of a foreign grant. The High Court also hears ancillary matters in family proceedings involving assets of $1.5 million or more.
The following matters are also exclusively heard by the High Court:
(a) Admiralty matters;
(b) Company winding-up proceedings;
(c) Bankruptcy proceedings; and
(d) Applications for the admission of advocates and solicitors.
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds 10 years.
Since January 2015, High Court has also comprised an additional division in the form of the Singapore International Commercial Court (“SICC”).The SICC hears transnational commercial disputes.
The jurisdiction of the SICC is governed by section 18D of the Supreme Court of Judicature Act (Cap 322) read with Order 110 Rule 7 of the Rules of Court.
The SICC has jurisdiction to hear and try an action if:
(a) The claim in the action is of an international commercial nature;
(b) The parties to the action have submitted to the SICC’s jurisdiction under a written jurisdiction agreement; and
(c) The parties to the action do not seek any relief in the form of, or connected with, a prerogative order (including a mandatory order, a prohibiting order, a quashing order or an order for review of detention).
The Court of Appeal generally hears appeals against the decisions of the High Court in both civil and criminal matters.
The civil jurisdiction of the Court of Appeal generally consists of appeals from judgments or orders of the High Court, whether such judgments or orders are made in the exercise of the High Court’s original or appellate jurisdiction.
The criminal jurisdiction of the Court of Appeal generally consists of appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction.
Constitution
The Supreme Court of Judicature Act (Cap 322) (“SCJA”) sets out the constitution and powers of the Supreme Court. Section 3 of the SCJA provides:
The Supreme Court shall be a superior court of record and shall consist of
(a) the High Court, which shall exercise original and appellate civil and criminal jurisdiction; and
(b) the Court of Appeal, which shall exercise appellate civil and criminal jurisdiction.