TECHNOLOGY, INFRASTRUCTURE AND
CONSTRUCTION LIST |
| Application and definitions (O. 28, r. 1) |
1.—(1) This Order applies to —| (a) | every case that is placed in the TIC List under Rule 3; and | | (b) | any proceedings under Rule 3 for the placement of a case in the TIC List. |
(2) To avoid doubt —| (a) | this Order does not apply to any case placed in the Legacy TIC List; and | | (b) | Part XXIV of the Legacy Practice Directions continue to apply to every case placed in the Legacy TIC List. |
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(3) In this Order, unless the context otherwise requires —| “Legacy Practice Directions” means the Singapore International Commercial Court Practice Directions issued by the Registrar under Order 110, Rule 54 of the Rules of Court as in force immediately before 1 April 2022; |
| “Legacy TIC List” means the Technology, Infrastructure and Construction List of the Court established under Part XXIV of the Legacy Practice Directions; |
| “TIC Judge” means any Judge who is appointed by the Chief Justice to hear a case placed in the TIC List or the Legacy TIC List; |
| “TIC List” means the Technology, Infrastructure and Construction List of the Court established under Rule 3. |
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2.—(1) In this Order, “TIC Claim” means a claim in relation to which the following requirements are met:| (a) | the Court has jurisdiction to hear and try the case in which the claim is made; | | (b) | the claim involves technically complex issues or questions; | | (c) | it is desirable for the case in which the claim is made to be placed in the TIC List. |
(2) For the purposes of paragraph (1)(c), the following matters are to be taken into account when assessing whether it is desirable for a case in which a claim is made to be placed in the TIC List:| (a) | whether the placing of the case in the TIC List —| (i) | is warranted by the financial value of the claim or the complexity of the claim, or both; or | | (ii) | will assist in the disposal of the claim; |
| | (b) | the effect that placing the case in the TIC List would have on the likely costs of the proceedings, the speed with which the matter can be resolved, and any other questions of convenience to the parties. |
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(3) Despite paragraph (2), for the purposes of paragraph (1)(c), it is desirable for a case in which a claim is made to be placed in the TIC List if the claim is, or relates to, any of the following matters:| (a) | any building or other construction dispute; | | (b) | any engineering dispute; | | (c) | any claim by or against any engineer, architect, surveyor, accountant or other specialised adviser relating to any service provided by the engineer, architect, surveyor, accountant or specialised adviser, as the case may be; | | (d) | any claim relating to the design, supply or installation of any computer, any computer software or any related network system; | | (e) | any claim relating to the quality of any goods sold or hired, or any work done, material supplied or service rendered, for any technology, infrastructure or construction project; | | (f) | any challenge to a decision of an arbitrator in any construction or engineering dispute (including any application for leave to appeal against any such decision, and any appeal against any such decision). |
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PROCEDURE FOR PLACING CASE IN
TECHNOLOGY, INFRASTRUCTURE AND
CONSTRUCTION LIST |
| Placement in TIC List (O. 28, r. 3) |
3.—(1) A case in which a TIC Claim is made may be placed in the TIC List if —| (a) | the case is commenced in the Court in accordance with paragraph (2); or | | (b) | the Court, on its own motion or on the application of a party, places the case in the TIC List in accordance with paragraph (3). |
(2) A case in which a TIC Claim is made may be placed in the TIC List when the case is commenced in the Court, if —| (a) | each party to the case has submitted to the jurisdiction of the Court under a written jurisdiction agreement; and | | (b) | either of the following applies:| (i) | each party to the case has agreed in writing that the case is to be placed in the TIC List; | | (ii) | the claimant indicates in the Originating Application that the case is to be placed in the TIC List. |
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| (3) The Court may, on its own motion or on the application of a party, order that a case commenced in the Court, or transferred from the General Division to the Court, be placed in the TIC List, if a TIC Claim has been made in the case. |
| (4) An order under paragraph (3) may be made when a case is transferred from the General Division to the Court under Order 2, Rule 4. |
| (5) Where there ceases to be any TIC Claim made in a case placed in the TIC List under paragraph (2) or (3), the case may be transferred out of the TIC List by the Court on its own motion or on the application of a party. |
| (6) Every case placed in the TIC List will be dealt with by one TIC Judge or, where Order 1, Rule 10(2) applies, by a Court consisting of 3 Judges who will be assigned taking into account the nature, circumstances and requirements of the case. |
| (7) If 2 or more parties have agreed in writing to apply a relevant pre-action protocol to any dispute between them involving a TIC Claim or any particular dispute between them involving a TIC Claim, then where any of those parties wishes to commence in the Court, or to have placed in the TIC List, a case concerning any such dispute or that particular dispute (as the case may be), the terms of that protocol will apply. |
| (8) In paragraph (7), “relevant pre‑action protocol” means the protocol set out in Appendix D or a version of that protocol containing such modifications as may be agreed in writing by the parties. |
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| General matters concerning expert evidence (O. 28, r. 4) |
4.—(1) Subject to paragraphs (2) and (3), Order 14 applies to every case placed in the TIC List under Rule 3.| (2) Where there is any inconsistency between this Order and Order 14, the provisions of this Order prevail. |
| (3) The Court may make any order in relation to expert evidence in addition to, or in place of, any requirement under this Order or Order 14. |
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| Parties to seek permission for expert evidence (O. 28, r. 5) |
5.—(1) If any party intends to adduce expert evidence, that party must seek the permission of the Court under Order 14, Rule 2(1), at the earliest opportunity, to do so.| (2) Before seeking the Court’s permission under Order 14, Rule 2(1), a party must answer questions 25 to 27 of the Case Management Plan filed under Order 9, Rule 4(2)(c). |
| (3) To avoid doubt, Order 14, Rule 3 applies where the Court has granted permission for the adducing of expert evidence, unless the Court directs otherwise. |
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| Joint statement and joint report by experts (O. 28, r. 6) |
6.—(1) Where 2 or more experts are appointed to give evidence on a matter, the Court may direct the experts to produce a joint statement setting out the issues on which they agree and the issues on which they disagree, accompanied by a brief statement of the reasons for their disagreement.| (2) The Court may direct the experts to produce a joint report, signed by all of the experts in accordance with Order 14, Rule 4, on the issues on which the experts agree, and to produce an individual report by each expert only on the issues on which the experts disagree. |
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| Court may convene case management conference with experts (O. 28, r. 7) |
| 7. Without affecting Order 14, Rule 5, the Court may convene a case management conference at any time the Court thinks appropriate, to be attended by such of the experts as are directed by the Court, and by the parties or their counsel or both, as provided for under Order 9, Rule 2(1). |
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| Witness statements (containing evidence-in-chief) to be filed before document disclosure (O. 28, r. 8) |
8.—(1) Where a case is to be decided under the pleadings adjudication track, the Court may, after pleadings have been filed and served but before any documents are produced under Order 12, order each party to file and serve the witness statements (containing the evidence‑in‑chief) of all or some of that party’s witnesses.| (2) In deciding whether to make an order under paragraph (1), the Court must consider whether there are any circumstances necessitating the earlier production of documents. |
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| Presentation of parties’ cases using Scott Schedules (O. 28, r. 9) |
9.—(1) The Court may direct the parties to submit a Scott Schedule instead of, or in addition to, tendering a list of issues or written submissions (including opening statements or closing submissions).| (2) In this Rule, “Scott Schedule” means a table in which are set out each issue to be determined by the Court, and each party’s case or submissions on that issue (including, where applicable, the evidence relied on). |
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| SIMPLIFIED ADJUDICATION PROCESS |
| Simplified adjudication process protocol (O. 28, r. 10) |
10.—(1) If each party to a case placed in the TIC List (which is to be decided by the pleadings adjudication track) has agreed in writing, before the witness statements of evidence‑in‑chief for the case are filed and served, to apply a simplified adjudication process protocol to the case, then, unless the Court directs otherwise, the simplified adjudication process protocol will apply to the case.| (2) The parties to a case placed in the TIC List must indicate, in the Case Management Plan filed under Order 9, Rule 4(2)(c), whether there is any agreement in writing between the parties to apply a simplified adjudication process protocol to the case. |
(3) Where the parties to a case have agreed in writing to apply a simplified adjudication process protocol to the case —| (a) | the parties must inform the Court of the agreement without delay; | | (b) | each party must arrange for the forms for the information required to apply the protocol to be completed and signed by the counsel for that party or, if that party acts in person, by that party; and | | (c) | the parties must file the signed forms mentioned in sub‑paragraph (b). |
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| (4) After the signed forms mentioned in paragraph (3)(b) are filed, those forms must not be amended, except in exceptional circumstances and with the permission of the Court. |
(5) Where a simplified adjudication process protocol applies to a case under paragraph (1), the Court may do either or both of the following to facilitate the just, expeditious and economic disposal of the case:| (a) | with the consent of the parties, modify the protocol or any provision of the protocol; | | (b) | give such further directions consistent with the protocol as the Court sees fit to supplement the protocol. |
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| (6) In this Rule, “simplified adjudication process protocol” means the protocol set out in Appendix E or a version of that protocol containing such modifications as may be agreed in writing by the parties. |
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| ALTERNATIVE DISPUTE RESOLUTION |
| Alternative dispute resolution (O. 28, r. 11) |
11.—(1) Each party to a case placed in the TIC List must consider the use of alternative dispute resolution.| (2) To avoid doubt, Order 9, Rules 3(c) and 5 apply to a case placed in the TIC List. |
| (3) To avoid doubt, the parties to a case placed in the TIC List must answer questions 41 and 42 of the Case Management Plan filed under Order 9, Rule 4(2)(c). |
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