7. Part III of the principal Act is amended by inserting, immediately after section 18, the following sub‑heading and sections:“Singapore International Commercial Court |
Singapore International Commercial Court |
18A. There shall be a division of the High Court known as the Singapore International Commercial Court. |
President of Singapore International Commercial Court |
18B.—(1) The Chief Justice may appoint a Judge of Appeal, a Judge of the High Court, a Senior Judge of the Supreme Court or an International Judge of the Supreme Court to be the President of the Singapore International Commercial Court for such period as the Chief Justice may specify.(2) If no appointment is made under subsection (1), the Chief Justice shall be the President of the Singapore International Commercial Court. |
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Act to apply with modifications |
18C. Subject to sections 18D to 18M and 80(2A), the provisions of this Act shall apply to proceedings in the Singapore International Commercial Court as they apply to proceedings in the High Court exercising its original civil jurisdiction. |
Jurisdiction of Singapore International Commercial Court |
18D. The Singapore International Commercial Court shall have jurisdiction to hear and try any action that satisfies all of the following conditions:(a) | the action is international and commercial in nature; | (b) | the action is one that the High Court may hear and try in its original civil jurisdiction; | (c) | the action satisfies such other conditions as the Rules of Court may prescribe. |
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18E.—(1) A party intending to bring an action in the Singapore International Commercial Court may apply for a certificate stating all or any of the following matters:(a) | that the intended action is international and commercial in nature for the purposes of section 18D(a); | (b) | such other matters as the Rules of Court may prescribe. |
(2) An application under subsection (1) —(a) | shall be made by an originating process or such other process as the Rules of Court may prescribe; | (b) | shall be determined by a Judge or the Registrar; and | (c) | may be determined summarily or otherwise in accordance with such procedure as the Rules of Court may prescribe. |
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(3) A certificate issued under this section is conclusive as to the matters certified in such circumstances as the Rules of Court may prescribe. |
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Effect of jurisdiction agreement |
18F.—(1) Subject to subsection (2), the parties to an agreement to submit to the jurisdiction of the Singapore International Commercial Court shall be considered to have agreed —(a) | to submit to the exclusive jurisdiction of the Singapore International Commercial Court; | (b) | to carry out any judgment or order of the Singapore International Commercial Court without undue delay; and | (c) | to waive any recourse to any court or tribunal outside Singapore against any judgment or order of the Singapore International Commercial Court, and against the enforcement of such judgment or order, insofar as such recourse can be validly waived. |
(2) Subsection (1)(a), (b) and (c) applies only if there is no express provision to the contrary in the agreement. |
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Composition of Singapore International Commercial Court |
18G. Every proceeding in the Singapore International Commercial Court shall be heard and disposed of before a single Judge or 3 Judges. |
Provisions where Singapore International Commercial Court comprises 3 Judges |
18H.—(1) This section applies where a case in the Singapore International Commercial Court is heard before 3 Judges.(2) The Chief Justice shall appoint one of the Judges to preside. |
(3) The case shall be decided in accordance with the opinion of the majority of the Judges hearing the case. |
(4) Subject to subsection (5), a case shall be reheard if one or more of the Judges are unable to continue hearing the case for any reason. |
(5) Where one Judge is unable to continue hearing a case for any reason, the remaining 2 Judges may continue to hear and determine the case if the parties consent. |
(6) Where a case is heard by 2 Judges under subsection (5) —(a) | if the 2 Judges have the same opinion, the case shall be determined according to their opinion; or | (b) | if the 2 Judges have different opinions on any claim, counterclaim or application, the claim, counterclaim or application, as the case may be, shall be dismissed. |
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Powers of Singapore International Commercial Court, generally |
18I.—(1) The Singapore International Commercial Court may exercise such powers as the High Court may exercise in its original civil jurisdiction, except —(a) | the power under paragraph 1 of the First Schedule; and | (b) | any power that must be exercised through the Family Division of the High Court. |
(2) The Singapore International Commercial Court shall exercise its powers in accordance with the Rules of Court, and any other written law, relating to that Court or those powers. |
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18J.—(1) The Singapore International Commercial Court may transfer a case commenced in that Court to the High Court in accordance with the Rules of Court.(2) The High Court may transfer a case commenced in that Court to the Singapore International Commercial Court in accordance with the Rules of Court. |
(3) Where a case is transferred under subsection (1) or (2) —(a) | the court to which the case is transferred may permit any matter that has been adduced to remain in evidence, notwithstanding that different rules of evidence may apply in the court to which the case is transferred; and | (b) | the court transferring the case and the court to which the case is transferred may make any consequential order in accordance with the Rules of Court. |
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(4) In this section, “High Court” does not include the Singapore International Commercial Court. |
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Rules of evidence in certain cases |
18K.—(1) The Singapore International Commercial Court —(a) | shall not be bound to apply any rule of evidence under Singapore law in such cases and to such extent as the Rules of Court may provide; and | (b) | may, in those cases, apply other rules of evidence (whether such rules are found under any foreign law or otherwise) in accordance with the Rules of Court. |
(2) In subsection (1), “rule of evidence” includes any rule of law relating to privilege, or to the taking of evidence. |
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Determination of foreign law on submissions |
18L.—(1) The Singapore International Commercial Court may, in such cases as the Rules of Court may prescribe, order that any question of foreign law be determined on the basis of submissions instead of proof.(2) In determining any question of foreign law on the basis of submissions, the Singapore International Commercial Court may have regard to such matters as the Rules of Court may prescribe. |
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Representation by foreign lawyers |
18M. A party to a case in the Singapore International Commercial Court, or to an appeal from that Court, may in accordance with the Rules of Court be represented by a foreign lawyer who is registered in accordance with Part IVB of the Legal Profession Act (Cap. 161).”. |
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