On 14 October 2024, the Singapore International Commercial Court (International Committee) Bill[1] (the “Bill”) was introduced in Parliament. The Bill is a timely development following the signing of a bilateral treaty between the Government of Singapore and the Government of Bahrain to establish a new Bahrain International Commercial Court (“BICC”) in Bahrain and a designated body in Singapore to hear appeals and related proceedings from the BICC.[2]
The Bill proposes to establish a new committee known as the “International Committee” of the Singapore International Commercial Court (“SICC”). The International Committee will function as a standalone body, separate from the Singapore judiciary,[3] and will hear appeals from prescribed foreign jurisdictions.[4]
Key Features of the Bill
The Bill proposes the following key features, as set out below: –
- Where arrangements are made between Singapore and a foreign jurisdiction for appeals from civil judgments by a court of that foreign jurisdiction to be heard in Singapore, the Bill empowers the Minister to make “jurisdiction regulations”[5] to provide a wide range of powers to the International Committee, including:
- the powers in disposing of an appeal or any related proceedings;[6]
- the application of foreign law [7]
- the provision that the International Committee is not bound by the law of Singapore relating to evidence [8]
- the power to stay the enforcement or execution of a judgement of a foreign court, and to make interim orders, while the judgement is under appeal to the International Committee [9] and
- the power to order costs.[10]
- The proceedings of the International Committee are public by default.[11]
- The decision of the International Committee is final and may not be appealed to or reviewed by any court.[12]
- For the purposes of enforcement by the Singapore courts, a judgment or order of the International Committee on an appeal from a court of a foreign jurisdiction is treated as a judgment or order of a court of the foreign jurisdiction.[13]
- Singapore advocates and solicitors, foreign lawyers and law experts who have been registered to appear before the SICC, can appear before the International Committee.[14]
Concluding Remarks
If the Bill is passed, the establishment of the International Committee will bolster Singapore’s position as a leading international dispute resolution hub by offering parties with an additional mechanism for dispute resolution: a public cross-border forum to resolve commercial disputes and hearing appeals.
It also represents a significant milestone following the signing of the bilateral treaty between Singapore and Bahrain to establish the BICC, by facilitating the hearing of appeals by the SICC from the BICC and providing parties with a transnational commercial dispute resolution option.
For further information contact:
Partner & Head, International Arbitration
Suressh@harryelias.com
+65 6361 9883
Associate
+65 6361 9365
[1] The Singapore International Commercial Court (International Committee) Bill (the “Bill”), https://sso.agc.gov.sg/Bills-Supp/36-2024/Published/20241014?DocDate=20241014
[2] See Ministry of Law website, “Singapore and Bahrain Sign Bilateral Treaty on Appeals from the Bahrain International Commercial Court”, 20 March 2024, accessed on 11 November 2024 at <https://www.mlaw.gov.sg/news/press-releases/singapore-bahrain-sign-treaty-on-appeals-from-bicc/>.
[3] The Bill, Art 3(2).
[4] See Ministry of Law website, “Enhancing Singapore’s Offerings as an International Dispute Resolution Hub with the Singapore International Commercial Court (International Committee) Bill”, 14 October 2024, accessed on 11 November 2024 at <https://www.mlaw.gov.sg/enhancing-singapore-s-offerings-as-an-international-dispute-resolution-hub-with-the-sicc-ic-bill/>.
[5] The Bill, Art 6(1).
[6] Id, Art 6(2)(c).
[7] Id, Art 6(2)(f).
[8] Id, Art 6(2)(g).
[9] Id, Art 6(2)(j).
[10] Id, Art 6(2)(k).
[11] Id, Art 8(2).
[12] Id, Art 12.
[13] Id, Art 13(1).
[14] Id, Art 14. See also Ministry of Law website, “Enhancing Singapore’s Offerings as an International Dispute Resolution Hub with the Singapore International Commercial Court (International Committee) Bill”, 14 October 2024, accessed on 11 November 2024 at <https://www.mlaw.gov.sg/enhancing-singapore-s-offerings-as-an-international-dispute-resolution-hub-with-the-sicc-ic-bill/>.