A Bill to establish an International Committee under the Singapore International Commercial Court (SICC) has been introduced for its first reading in Singapore’s Parliament on 14 October 2024. The Bill aims to strengthen Singapore’s position as a global hub for international dispute resolution by providing a specialised forum to handle civil appeals from foreign jurisdictions.
The Singapore International Commercial Court, a division of the General Division of the High Court and part of Singapore’s Supreme Court, was initially set up to adjudicate transnational commercial disputes. This new development would see the establishment of an International Committee to extend its role further, allowing the SICC to hear and decide appeals from prescribed foreign jurisdictions. The proposed International Committee would offer businesses a trusted avenue for resolving cross-border disputes, especially in commercial cases, as Singapore seeks to bolster its standing as a leading centre for international legal arbitration.
Key provisions of the Bill include the establishment of the International Committee as an independent body to deal with appeals and related proceedings. It also lays out the process for cases from foreign jurisdictions to be referred to the International Committee. The Bill highlights that the members of this committee would include both Judges of the Singapore Supreme Court and International Judges from the SICC, as well as ad hoc members drawn from the foreign courts referring the appeals.
Under the new framework, the International Committee would hear civil appeals that involve significant transnational commercial issues. The Bill allows Singapore’s Minister for Law to set out specific regulations for appeals, including the types of cases eligible to be referred from foreign jurisdictions. This framework will strengthen cross-border legal cooperation and ensure efficient handling of international commercial disputes.
The legislation follows a bilateral agreement between Singapore and Bahrain, signed in March 2024, which set the stage for the creation of the Bahrain International Commercial Court. The Bill introduces mechanisms that would allow decisions made by the International Committee to be enforced as though they were judgments made in the jurisdiction from which the case originated. This will ensure that rulings have full legal effect in the referring foreign country.
Singapore’s legal professionals and foreign lawyers, already accredited to appear before the SICC, will be eligible to represent clients in the new International Committee. The move is expected to improve access to international legal expertise and provide a platform for swift, impartial resolutions to complex disputes.
Anna Lim, a commercial law expert, commented on the Bill, stating: “This legislation marks a significant milestone in Singapore’s efforts to consolidate its role as a top-tier dispute resolution centre globally. With international commercial cases becoming increasingly complex, having a dedicated body that deals with appeals from foreign courts reinforces Singapore’s reputation for providing fair and efficient legal solutions.”
The new International Committee would also have the authority to issue final decisions, with no further appeals allowed, ensuring a swift resolution for businesses. Singapore’s move is being watched closely as it could serve as a model for other nations looking to develop transnational legal frameworks for commercial disputes.
