Legal Profession (Representation in Singapore International Commercial Court) Rules 2014

No. S 851

Legal Profession Act

(CHAPTER 161)

Legal Profession (Representation in Singapore International Commercial Court) Rules 2014

In exercise of the powers conferred by section 36Y of the Legal Profession Act, we, the Rules Committee, hereby make the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 and shall come into operation on 1 January 2015.

[S 696/2018 wef 01/11/2018]

Definitions

2. In these Rules, unless the context otherwise requires —

“appellate court” has the meaning given by section 36O(1) of the Act;

[S 755/2022 wef 01/10/2022]

“Code of Ethics” means the Code of Ethics set out in the First Schedule;

“conducting solicitor” means a solicitor appointed under section 36Q(7) or 36S(9)(c) or (10)(b) of the Act to conduct proceedings before a complaints committee;

“foreign registration authority” means a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore;

“Form” means a form set out, and so numbered, in the Second Schedule;

“full registration” means full registration under section 36P of the Act;

“offshore case” has the same meaning as in Order 3 of the Singapore International Commercial Court Rules 2021 (G.N. No. S 924/2021);

[S 218/2022 wef 01/04/2022]

“pertinent proceedings” means any relevant proceedings under rule 3(2)(e) that are not also relevant proceedings under rule 3(2)(b), (c) or (d);

[S 696/2018 wef 01/11/2018]

“preliminary proceedings” means any proceedings that are preliminary to any relevant appeal or relevant proceedings, as the case may be;

[S 218/2022 wef 01/04/2022]

“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Act, and includes, for the purposes of rule 38(2), a foreign lawyer whose registration under section 36P of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the foreign lawyer;

“registered law expert” means a law expert registered under section 36PA of the Act, and includes, for the purposes of rule 38(2), a law expert whose registration under section 36PA of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the law expert;

[S 696/2018 wef 01/11/2018]

“relevant appeal” and “relevant proceedings” have the same meanings as in section 36O(1) of the Act;

“restricted registration” means restricted registration under section 36P of the Act;

“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a complaints committee;

“secretary” means the secretary of a complaints committee appointed by the Chief Justice under section 36S(7) of the Act;

“Singapore International Commercial Court” has the same meaning as in section 36O(1) of the Act.

Definitions of “relevant appeal” and “relevant proceedings” in section 36O(1) of Act

3.—(1) For the purposes of the definition of “relevant appeal” in section 36O(1) of the Act, a relevant appeal is any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings.

[S 1041/2020 wef 02/01/2021]

[S 755/2022 wef 01/10/2022]

(2) For the purposes of the definition of “relevant proceedings” in section 36O(1) of the Act, the following proceedings in the Singapore International Commercial Court are relevant proceedings:

(a)

[Deleted by S 696/2018 wef 01/11/2018]

(b)

an offshore case;

(c)

an action —

(i)	which was treated pursuant to Order 3 of the Singapore International Commercial Court Rules 2021 as an offshore case, but which the Singapore International Commercial Court has decided is not, or is no longer an offshore case; and [S 218/2022 wef 01/04/2022]
(ii)	in which the Singapore International Commercial Court has allowed, under Order 3, Rule 7(4)(b) of the Singapore International Commercial Court Rules 2021, a party to continue to be represented by a registered foreign lawyer or by a solicitor registered under section 36E of the Act; [S 277/2015 wef 15/05/2015] [S 691/2015 wef 18/11/2015] [S 218/2022 wef 01/04/2022]

(ca)

any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

[S 755/2022 wef 01/10/2022]

(d)

an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —

(i)	contempt of the Singapore International Commercial Court committed in connection with any proceedings referred to in sub-paragraph (b), (c) or (ca); or [S 696/2018 wef 01/11/2018] [S 755/2022 wef 01/10/2022]
(ii)	contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any proceedings referred to in sub-paragraph (b), (c) or (ca); [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022] [S 218/2022 wef 01/04/2022]

(e)

an action in respect of which the Singapore International Commercial Court or the appellate court has made —

(i)	an order that a question of foreign law be determined on the basis of submissions instead of proof; and
(ii)	an order permitting a named registered foreign lawyer, a named registered law expert, or a named solicitor registered under section 36E of the Act, to make submissions on the question of foreign law on behalf of a party. [S 277/2015 wef 15/05/2015] [S 691/2015 wef 18/11/2015] [S 696/2018 wef 01/11/2018] [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

Relevant appeal, relevant proceedings and preliminary proceedings prescribed for purpose of section 36P(1A) of Act

3A.—(1) For the purpose of section 36P(1A) of the Act, a prescribed relevant appeal is any relevant appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings prescribed in paragraph (2).

(2) The following relevant proceedings in the Singapore International Commercial Court are prescribed for the purpose of section 36P(1A) of the Act:

(a)

any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

(b)

an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —

(i)	contempt of the Singapore International Commercial Court committed in connection with any relevant proceedings mentioned in sub-paragraph (a); or
(ii)	contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings mentioned in sub-paragraph (a).

(3) The following preliminary proceedings are prescribed for the purpose of section 36P(1A) of the Act:

(a)	any proceedings that are preliminary to any relevant appeal prescribed in paragraph (1);
(b)	any proceedings that are preliminary to any relevant proceedings prescribed in paragraph (2). [S 755/2022 wef 01/10/2022]

Prescribed factors for representation by foreign lawyer granted full registration in certain prescribed proceedings

3B. The following factors are prescribed for the purpose of section 36P(1B) of the Act:

(a)

the nature of the factual and legal issues involved in the relevant appeal, relevant proceedings or preliminary proceedings prescribed in rule 3A(1), (2) or (3) (as the case may be) (called in this rule the relevant proceedings);

(b)

the role of the foreign lawyer granted full registration in the relevant proceedings;

(c)

the extent of the international elements involved in the relevant proceedings, including —

(i)	the amount of assets or properties in one or more foreign countries;
(ii)	the obligations and liabilities that are governed by the laws of one or more foreign countries; and
(iii)	the governing law of the underlying agreement. [S 755/2022 wef 01/10/2022]

Made on 26 December 2014.

SUNDARESH MENON

Chief Justice.

V K RAJAH SC

Attorney-General.

BELINDA ANG SAW EAN

Judge.

TAY YONG KWANG

Judge.

QUENTIN LOH

Judge.

STEVEN CHONG

Judge.

VINODH COOMARASWAMY

Judge.

SEE KEE OON

Presiding Judge of the State Courts.

FOO TUAT YIEN

District Judge.

CAVINDER BULL SC

Advocate and Solicitor.

ANG CHENG HOCK SC

Advocate and Solicitor.

[RSCS R7/7 Vol. 15; AG/LLRD/SL/161/2013/2 Vol. 2]

(To be presented to Parliament under section 131 of the Legal Profession Act).

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