Singapore International Commercial Court Rules 2021

Status:

Current version
as at 27 Jul 2024

Confidentiality, etc. (O. 16, r. 9)

9.—(1) The Court may, on the application of a party, make any of the following orders:

(a)	an order that the case be heard in private;
(b)	an order that no person must reveal or publish any information or document relating to the case;
(c)	an order that the Court file be sealed,

with or without exceptions or conditions, including any directions on what information relating to the proceedings may be published.

(2) In deciding whether to make an order under paragraph (1), the Court may have regard to —

(a)	whether the case is an offshore case; and
(b)	any agreement between the parties on the making of such an order.

(3) An application under paragraph (1) must be supported by a witness statement exhibiting any agreement between the applicant and any other party on the matters under paragraph (2).

(4) The parties must notify the Registrar of an order made under paragraph (1) (including any exceptions, conditions and directions), and the order takes effect on the date the Registrar is so notified.

(5) Paragraph (4) does not affect any obligation imposed on a party by an order made under paragraph (1).

(6) Where the Court file is sealed, no person other than a party may inspect the file, unless the permission of the Court is obtained.

(7) An application for permission under paragraph (6) must be served on all parties, and any party who wishes to oppose the application may file a witness statement within 7 days after being served the application.

(8) The Court may, on the application of a party, at any time vary or set aside an order under paragraph (1).

(9) The Court’s decision whether to make, vary or set aside an order under paragraph (1) is final for the purposes of section 29(a) of the Supreme Court of Judicature Act.

(10) Despite any order under paragraph (1), but subject to paragraphs (11) and (12), the Court must direct that a judgment made by the Court may be published in law reports and professional publications if the Court considers the judgment to be of major legal interest.

(11) A party may, at any time before the Court delivers its judgment, inform the Court of any matter that the party wishes to remain confidential (including the fact that the party was involved in the proceedings).

(12) Without limiting the Court’s power under Order 20, Rule 13, where the Court considers that there are any matters which a party reasonably wishes to remain confidential, the Court must —

(a)	give directions for those matters to be concealed in publishing the judgment of the Court; or
(b)	if it is not possible or practicable for the judgment of the Court to be published without revealing those matters, give directions for the judgment not to be published for 10 years after the date of the judgment, or such shorter period as the Court may order.

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