| Citation and commencement (O. 1, r. 1) |
| 1. These Rules are the Singapore International Commercial Court Rules 2021 and come into operation on 1 April 2022. |
| Application of Rules (O. 1, r. 2) |
2.—(1) These Rules apply to —| (a) | every case commenced in the Court on or after 1 April 2022 (unless the case is transferred out of the Court); | | (b) | every case commenced in the General Division on or after 1 April 2022 and transferred from the General Division to the Court; | | (c) | any proceedings (either upon application or on the General Division’s own motion) for the transfer of a case from the General Division to the Court, where the case is commenced on or after 1 April 2022; | | (d) | every appeal to the Court of Appeal, filed on or after 1 April 2022, from a judgment or an order of the Court; and | | (e) | every originating application to the Court of Appeal, filed on or after 1 April 2022, in relation to a judgment or an order of the Court. |
(2) If all parties concerned consent in writing, these Rules apply with necessary modifications to —| (a) | every case commenced in the Court before 1 April 2022; | | (b) | every case commenced in the General Division or the High Court (as the case may be) before 1 April 2022 and transferred from the General Division to the Court at any time; | | (ba) | any proceedings (either upon application or on the General Division’s own motion) for the transfer of a case relating to corporate insolvency, restructuring or dissolution from the General Division to the Court, where the case is commenced on or after 30 July 2020 but before 1 April 2022; [S 754/2022 wef 01/10/2022] | | (c) | every appeal to the Court of Appeal, filed before 1 April 2022, from a judgment or an order of the Court; and | | (d) | every originating application to the Court of Appeal, filed before 1 April 2022, in relation to a judgment or an order of the Court. |
|
| (3) Unless otherwise provided in these Rules or ordered by the Court, the domestic Rules of Court do not apply to the matters set out in paragraph (1). |
| (4) Despite paragraphs (1) and (2), the domestic Rules of Court apply to every case transferred from the Court to the General Division on or after 1 April 2022. |
| (5) For the purposes of paragraph (2)(ba), the parties concerned are every plaintiff or applicant in the case, every defendant or respondent (if any) in the case, and every third party or subsequent party (if any) in the case. [S 754/2022 wef 01/10/2022] |
|
| General Principles (O. 1, r. 3) |
3.—(1) In interpreting any provision and exercising any power under these Rules, the Court seeks to achieve the following General Principles:| (a) | the expeditious and efficient administration of justice according to law; | | (b) | procedural flexibility; | | (c) | fair, impartial and practical processes; | | (d) | procedures compatible with and responsive to the needs and realities of international commerce. |
| (2) All parties must assist the Court and conduct their cases in a manner which will go towards achieving the General Principles. |
|
4. In these Rules, unless the context otherwise requires —| “action” means an action mentioned in section 18D(1) of the Supreme Court of Judicature Act and, where the context requires, includes any proceedings mentioned in section 18D(2), (3) and (4) of that Act; |
| “attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court; |
| “claimant” includes a party in the position of a claimant in a counterclaim; |
| “contempt of court” means contempt of court under the Administration of Justice (Protection) Act 2016 and includes, subject to section 8 of that Act, contempt of court under the common law; |
| “corporation” has the meaning given by section 4(1) of the Companies Act; |
“counsel” means —| (a) | an advocate and solicitor; | | (b) | a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act; or | | (c) | a full registration foreign lawyer; |
|
| “Court” means the Singapore International Commercial Court, or a judge thereof, whether sitting in open court or in chambers, and includes a judge sitting in the Court of Appeal or the Court of Appeal where appropriate, and in cases where he or she is empowered to act, a Registrar, but this provision does not affect any Rules which define or regulate the jurisdiction of the Registrar; |
| “defendant” includes a party in the position of a defendant in a counterclaim; |
| “domestic Rules of Court” means the Rules of Court, including practice directions issued by the Registrar under the Rules of Court, which are applicable to relevant proceedings in the High Court, the General Division or the Court of Appeal arising therefrom, as the case may be; |
| “entity” means any body of persons, whether incorporated or unincorporated; |
| “expert” has the meaning given by Order 14, Rule 1(1); |
| “foreign lawyer” has the meaning given by section 2(1) of the Legal Profession Act; |
| “Form” means a form prescribed under these Rules; |
| “full registration foreign lawyer” means a registered foreign lawyer who is granted full registration under section 36P of the Legal Profession Act; |
| “General Division” and “High Court”, in these Rules (other than in Order 2, Rule 2(1) and (2)), do not include the Singapore International Commercial Court; |
| “Judge” means a judge sitting in the Singapore International Commercial Court, and includes, in cases where he or she is empowered to act, a Registrar; |
| “law expert” has the meaning given by section 36O(1) of the Legal Profession Act; |
| “non‑court day” means a Saturday, Sunday or public holiday in Singapore; |
| “non‑party” means any person who is not a party in the action and includes a person who participates in it because of a statutory duty or because he or she may be affected by the Court’s decision in the action; |
| “memorial” includes a Memorial, Counter‑Memorial, Reply Memorial and Rejoinder Memorial as contemplated in Order 8; |
| “offshore case” has the meaning given by Order 3, Rule 3; |
| “offshore case declaration” means a declaration made under Order 3, Rule 5 that a case is an offshore case; |
| “ordinary service” means service effected in accordance with Order 5, Rule 3; |
| “personal service” means service effected in accordance with Order 5, Rule 2; |
“place of business” has the meaning given by —| (a) | Order 23A, Rule 1, in the case of any proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature; or | | (b) | Order 2, Rule 1(4), in any other case; |
[S 754/2022 wef 01/10/2022] |
| “pleading” includes the Statement of Claim, Defence, Defence and Counterclaim, Reply, Reply to Defence and Counterclaim, further and better particulars, and any further pleading filed under Order 6, Rule 8; |
| “registered foreign lawyer” means a foreign lawyer registered under section 36P of the Legal Profession Act; |
| “registered law expert” means a law expert registered under section 36PA of the Legal Profession Act; |
| “Registrar” has the meaning given by section 2 of the Supreme Court of Judicature Act; |
| “restricted registration foreign lawyer” means a registered foreign lawyer who is granted restricted registration under section 36P of the Legal Profession Act; |
| “sign” and “seal” by a Judge, Registrar or any other officer of the Supreme Court include signing and sealing by electronic or other means; |
| “summons” means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties; |
| “summons without notice” means an application to the Court in relation to an action or appeal which does not need to be served on any other party or non‑party; |
| “Supreme Court” has the meaning given by section 2(1) of the Interpretation Act; |
| “third party” means a party brought into the action by the defendant pursuant to Order 10, Rule 10, and “subsequent party” and further parties have similar meanings; |
| “third-party funding contract” means a third‑party funding contract (as defined in section 5B of the Civil Law Act) entered into on or after 28 June 2021; |
| “Third‑Party Funder” means a Third‑Party Funder (as defined in section 5B of the Civil Law Act) under a contract mentioned in the definition of “third‑party funding contract”; |
| “witness statement” means a written statement signed by a person which contains the evidence which that person would have otherwise given orally; |
| “working day” means any day other than a non‑court day in Singapore; |
| “written jurisdiction agreement” has the meaning given by Order 2, Rule 1(7); |
| “written law” has the meaning given by section 2(1) of the Interpretation Act. |
|
5.—(1) Where any expression of time occurs in these Rules, or in any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in Singapore, namely, 8 hours in advance of Coordinated Universal Time.| (2) In these Rules, the Interpretation Act does not apply to the calculation of time. |
| (3) The word “month” means a calendar month unless the context otherwise requires. |
| (4) Where an act is required to be done within a specified period after or from a specified date, the period begins on the day immediately after that date. |
| (5) Where an act is required to be done within or not less than a specified period before a specified date, the period ends on the day immediately before that date. |
| (6) Where an act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date. |
| (7) Where an act is required to be done by a specified date, the act must be done before the expiry of 11.59 p.m. of that date. |
| (8) If the period in question is 6 days or less, any day that is a non‑court day is to be excluded in the calculation of time. |
| (9) Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a non‑court day, the act is in time if done on the next day, not being a non‑court day. |
| (10) Unless otherwise provided by these Rules or any written law, or unless the Court orders otherwise, the period within which a person is required or permitted to file, serve or amend any pleading or other document may be extended by the written consent of all parties concerned without an order of the Court, provided that the person must notify the Court of such extension in writing within one working day after obtaining such consent. |
|
| Mode of application (O. 1, r. 6) |
| 6. Unless otherwise stipulated by these Rules or directed by the Court, a party seeking an order or a direction pursuant to these Rules must apply by way of a summons supported by a witness statement. |
| Language of documents (O. 1, r. 7) |
7.—(1) All documents filed or used in the Court must be in the English language.| (2) Unless otherwise provided by these Rules or any written law, a document which is not in the English language must be accompanied by a translation in the English language provided by a person competent to do so. |
|
| Use of foreign documents under Apostille Convention or Civil Procedure Convention (O. 1, r. 8) |
8.—(1) Despite anything in these Rules, the following documents may be received, filed or used in the Court:| (a) | a foreign public document with an apostille placed on or attached to it; | | (b) | a document or a translation of the document that has been drawn up or certified, and duly sealed, by a court or other competent authority of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for the dispensation of the authentication of such documents. |
(2) In this Rule —| “apostille” means a Convention certificate as defined by section 10 of the Apostille Act 2020; |
| “foreign public document” has the meaning given by section 6 of the Apostille Act 2020. |
|
|
9.—(1) The Forms set out in these Rules must be used with such variations as the circumstances require.| (2) The Forms may be varied by practice directions. |
| (3) Where a Form states “Seal of the Court”, a document in that Form must bear the seal of the Court. |
|
|
| Constitution of Court and Court of Appeal (O. 1, r. 10) |
10.—(1) Subject to any written law, all proceedings in the Court must be heard by one Judge or 3 Judges.(2) Proceedings in the Court must be heard by 3 Judges if —| (a) | the parties so agree, unless the Chief Justice directs otherwise; or | | (b) | the Chief Justice so directs. |
|
| (3) Despite paragraph (2), any one of the 3 Judges appointed for any proceedings under that paragraph may hear any interlocutory application or case management conference in those proceedings. |
(4) Subject to sections 50, 54 and 58 of the Supreme Court of Judicature Act, proceedings in the Court of Appeal in an appeal from the Court must be heard by 5 judges sitting in the Court of Appeal if —| (a) | the parties so agree, unless the Chief Justice directs otherwise; or | | (b) | the Chief Justice so directs. |
|
|
| General powers of Court (O. 1, r. 11) |
11.—(1) Despite any provision of these Rules but subject to paragraph (2), the Court may, if it considers that doing so is necessary or desirable for the just, expeditious and economical disposal of any proceedings in the Court —| (a) | make such order as the Court considers just and appropriate; or | | (b) | set aside, amend or supplement any of the following:| (i) | any order made under sub‑paragraph (a); | | (ii) | any order amended under this sub‑paragraph; | | (iii) | any supplementary order made under this sub‑paragraph. |
|
| (2) Where any provision of these Rules makes the exercise of a power by the Court conditional on a party agreeing or consenting to the exercise of that power by the Court, paragraph (1) does not authorise the Court to exercise that power without the agreement or consent of that party. |
| (3) Where there is no express provision in these Rules or any other written law on any matter, the Court may do whatever it considers necessary or desirable for the just, expeditious and economical disposal of any proceedings in the Court. In doing so, the Court may apply the domestic Rules of Court with such necessary modifications as the context requires. |
| (4) The Court may extend or shorten the period within which a person is required or permitted by these Rules or by any judgment, order or direction, to do any act in any proceedings. |
| (5) Unless these Rules otherwise provide, the Court may extend the period referred to in paragraph (4) whether the application for extension is made before or after the end of that period. |
(6) Subject to paragraph (7), where there is non-compliance with the provisions in these Rules, any written law, the Court’s orders or directions or any practice directions, the Court may exercise all or any of these powers —| (a) | waive the non‑compliance; | | (b) | accept part of a document and reject the part that is in non‑compliance; | | (c) | disallow or reject the filing or use of any document; | | (d) | refuse to hear any matter or dismiss it without a hearing; | | (e) | dismiss, stay or set aside any proceedings and give the appropriate judgment or order even though the non‑compliance could be compensated by costs; or | | (f) | make costs orders or any other orders that are appropriate. |
|
| (7) Where the non‑compliance is in respect of any written law other than these Rules, the Court may waive the non‑compliance only if the written law allows such waiver. |
| (8) The powers of the Court under this Rule are without prejudice to any other powers of the Court under any written law. |
| (9) The Court may give directions by letter or by electronic or other means. |
|
| Claim for declaration without other relief (O. 1, r. 12) |
| 12. The Court may make a declaratory judgment or order whether or not any other relief is sought. |
|
| THE REGISTRY AND ADMINISTRATION |
| Jurisdiction and powers of Registrar (O. 1, r. 13) |
13.—(1) Subject to any written law and directions by the Chief Justice, the Registrar has the jurisdiction and powers of a Judge sitting in chambers and must hear all matters in chambers only.| (2) The Registrar may refer any matter to a Judge, who may hear the matter referred to him or her or refer it back to the Registrar with directions. |
|
| Practice directions (O. 1, r. 14) |
| 14. The Registrar may issue practice directions or guidelines relating to proceedings to which these Rules apply. |
| Registry records (O. 1, r. 15) |
15.—(1) The Registry must maintain such Court records and other documents that are required by any written law or which the Registrar considers appropriate.| (2) The Registry may collect, use or disclose such data which the Registrar considers appropriate. |
| (3) The method of collection, the storage and the period of storage of Court records, documents and data is in the discretion of the Registrar. |
(4) The Registrar may allow any person to search for, inspect and take a copy of any document filed in the Court in any action if that person —| (a) | shows a valid interest in the document in question; and | | (b) | pays the prescribed fee. |
|
| (5) The Registrar may redact any document in the interests of justice before a person searches for, inspects or takes a copy of the document. |
| (6) Documents filed in the Court in any action and the Registry’s records must not be taken out of the Registry without the Registrar’s permission. |
| (7) Unless ordered otherwise, documents filed in the Court must be typewritten and printed and must comply with any applicable provision in these Rules or any practice directions (as the case may be), relating to quality and dimensions of paper, font size, print quality, margins, copies and any other requirements. |
(8) The Registrar may authorise a person to provide a service that enables a subscriber of that service —| (a) | to search such information relating to Court records and other documents mentioned in paragraph (1) as the Registrar may determine; and | | (b) | to search for, inspect and take a copy of any such documents filed in the Registry as the Registrar may determine. |
|
| (9) The person authorised to provide the service mentioned in paragraph (8) must pay to the Registrar such fees for that service to have access to the information and documents mentioned in paragraph (8)(a) and (b), as may be agreed between the Registrar and that person. |
(10) Despite paragraph (4), a subscriber of the service mentioned in paragraph (8) is entitled, at any time when that service is in operation —| (a) | to search the information mentioned in paragraph (8)(a), without paying the prescribed fee mentioned in paragraph (4) and without obtaining the permission of the Registrar; and | | (b) | to search for, inspect and take a copy of any document mentioned in paragraph (8)(b), without paying the prescribed fee mentioned in paragraph (4) and without obtaining the permission of the Registrar. |
|
|
|
|
