On 14 October 2024, the Ministry of Law (“MinLaw“) introduced the Singapore International Commercial Court (International Committee) Bill (“Bill“) for First Reading in Parliament. The Bill was introduced for Second Reading in Parliament and passed on 12 November 2024.
The Bill seeks to establish an International Committee (“IC“) of the Singapore International Commercial Court (“SICC“) to hear prescribed civil appeals and related proceedings from prescribed foreign jurisdictions, thereby enhancing Singapore’s offerings as an international dispute resolution hub with a transnational commercial dispute resolution option for such cases and appeals.
The Bill follows the signing of a bilateral Treaty between the Government of Singapore and the Government of the Kingdom of Bahrain on 20 March 2024 to establish: (i) a new Bahrain International Commercial Court (“BICC“); and (ii) a designated body in Singapore to hear appeals from BICC to SICC, thereby providing parties with a transnational commercial dispute resolution option and opportunities for the development of commercial jurisprudence.
The key features of the Bill are as follows:
- Structure. The IC will be established as a standalone body to hear prescribed appeals and related proceedings from prescribed foreign jurisdictions.
- Constitution. The IC members will comprise: (i) Judges of the Supreme Court; (ii) International Judges in SICC; and (iii) ad hocmembers drawn from the court of the foreign jurisdiction that is referring the appeal to the IC.
- Jurisdiction. The Minister for Law will be empowered to make regulations in relation to appeals from a foreign court to the IC, including prescribing the types of cases that can be appealed from the foreign jurisdiction to the IC.
- Representation. Singapore advocates and solicitors, foreign lawyers and law experts who have been registered to appear before SICC can appear before the IC.
- Enforcement. A judgment or order of the IC will be treated as a judgment or order of the court of that foreign jurisdiction which the appeal arose from.
- Finality. A decision of the IC is final and may not be appealed to or reviewed by any court.
Click on the following links for more information (available on the MinLaw website at www.mlaw.gov.sg):
- MinLaw Press Release titled “Enhancing Singapore’s Offerings as an International Dispute Resolution Hub with the Singapore International Commercial Court (International Committee) Bill”
- MinLaw Press Release titled “Singapore and Bahrain Sign Bilateral Treaty on Appeals from the Bahrain International Commercial Court”
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