Parliament tables new committee for appeals, proceedings from foreign jurisdictions
The new committee, if formed, will not be part of the Singapore judiciary
SINGAPORE is proposing to create a separate entity that will hear civil appeals and other related proceedings from prescribed foreign jurisdictions, under a new Bill that was tabled in Parliament on Monday (Oct 14).
If passed, the International Committee of the Singapore International Commercial Court (SICC) will provide parties with a transnational commercial dispute resolution option to hear their cases and appeals, said the Ministry of Law and Singapore Courts in a joint statement. It will not be part of the Singapore judiciary.
Setting up the committee will further enhance the Republic’s offerings as an international dispute resolution hub, they added.
The Bill follows the signing of a bilateral treaty between Singapore and the Bahrain government on Mar 20 to collaborate on the establishment of the Bahrain International Commercial Court.
Under the collaboration, a new appeal mechanism was established to allow appeal cases from the Bahrain International Commercial Court to the SICC.
The SICC was established in 2015 to provide foreign parties with more options to resolve cross-border commercial disputes. For instance, parties can more easily appoint foreign lawyers if they bring their dispute to the SICC.
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The SICC is a division of the Singapore High Court. It is designed to adjudicate transnational commercial disputes and has jurisdiction to hear and try actions that are international and commercial in nature.
Key features
The members of the international committee will comprise Supreme Court judges, international judges from the SICC and “ad hoc members” from the court of the foreign jurisdiction that is referring an appeal to the committee.
The Minister for Law will be empowered to make regulations in relation to appeals from a foreign court to the international committee, including prescribing the types of cases that can be appealed from foreign jurisdictions.
Singapore advocates and solicitors, foreign lawyers and law experts who have been registered to appear before the SICC can also appear before the international committee.
Judgments of the international committee will be treated as foreign judgments and orders, and all decisions by the committee are final.
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