SICC Proceedings in General

Guides

SICC Procedural Guide

The SICC Procedural Guide provides information on the procedures of the SICC.

The latest version of the SICC Procedural Guide that deals with the procedures under the Singapore International Commercial Court Rules 2021 has been issued.

Click here to view the SICC Procedural Guide.

SICC User Guides

The SICC User Guides provide some guidance on certain features of SICC proceedings such as:

Note 1: Jurisdiction

Note 2: Commencing an Action

Note 3: Foreign Representation

Note 4: Disapplication of Singapore Evidence Law

Note 5: Injunctions Prohibiting Disposal of Assets

Note 6: Remote Hearings

Note 7: Enforcement of SICC Judgments

Note 8: Corporate Insolvency, Restructuring and Dissolution Proceedings

Click here to view the SICC User Guides that deal with SICC proceedings under the Singapore International Commercial Court Rules 2021.

Click here to view the typical procedure of an SICC action

SICC Proceedings Generally

Applicability of Singapore International Commercial Court Rules 2021

The Singapore International Commercial Court Rules 2021 apply to:

Every case commenced in the SICC on or after 1 April 2022, unless the case is transferred out of the SICC;
Every case commenced in the General Division of the High Court on or after 1 April 2022 and transferred from the General Division of the High Court to the SICC;
Any proceedings (either upon application or on the General Division of the High Court’s own motion) for the transfer of a case from the General Division of the High Court to the SICC, where the case is commenced on or after 1 April 2022;
Every appeal to the Court of Appeal, filed on or after 1 April 2022, from a judgment or an order of the SICC; and
Every originating application to the Court of Appeal, made on or after 1 April 2022, in relation to a judgment or an order of the SICC.

If all parties concerned consent in writing, the Singapore International Commercial Court Rules 2021 apply with necessary modifications to:

Every case commenced in the SICC before 1 April 2022;
Every case commenced in the General Division of the High Court or the High Court (as the case may be) before 1 April 2022 and transferred from the General Division of the High Court to the SICC at any time;
Every appeal to the Court of Appeal, filed before 1 April 2022, from a judgment or an order of the SICC; and
Every originating application to the Court of Appeal, filed before 1 April 2022, in relation to a judgment or an order of the SICC.

Please refer to Order 1 rule 2 of the Singapore International Commercial Court Rules 2021 on the applicability of the Singapore International Commercial Court Rules 2021.

Commencement of proceedings and adjudication tracks

There is a single mode of commencement for SICC proceedings, which is by filing an Originating Application. Unless otherwise provided in the Singapore International Commercial Court Rules 2021, the SICC will order that a contested claim or counterclaim be decided by one of the following adjudication tracks: pleadings, statements, or memorials.

Applicability of the Evidence Act 1893 in SICC proceedings

The SICC is not bound to apply any rule of evidence under Singapore law (including rules contained in the Evidence Act 1893 and common law) in such cases and to such extent as the Singapore International Commercial Court Rules 2021 may provide. The SICC may apply other rules of evidence (whether such rules are found in foreign law or otherwise) if an order is made on an application of party pursuant to Order 13 Rule 15 of the Singapore International Commercial Court Rules 2021.

Proof of foreign law in SICC proceedings

In line with the international character of the SICC, pursuant to Order 16 Rule 8 of the Singapore International Commercial Court Rules 2021 the SICC may, on the application of a party, order that any question of foreign law be determined on the basis of oral and/or written submissions instead of proof.

Making an application or filing an appeal to the Court of Appeal

This section provides guidance as to when a party should make an application to the Court of Appeal as opposed to file an appeal against the decision of the SICC.

Where an application may be made either to the SICC or to the Court of Appeal, and the application is first made to the SICC pursuant to s 57 of the Supreme Court of Judicature Act 1969:

(a) If the application is refused by the SICC, and the applicant still wishes to obtain the relief sought in the refused application, the applicant should make an application to the Court of Appeal for the same relief, instead of filing an appeal to the Court of Appeal; and

(b) in any event, any party who wishes to vary or discharge any direction or order made by the SICC on the application should likewise make an application to the Court of Appeal to vary or discharge that direction or order, instead of filing an appeal to the Court of Appeal.

Except as provided above, any party who is dissatisfied with a decision of the SICC may file an appeal to the Court of Appeal against that decision in accordance with the relevant provisions of the Supreme Court of Judicature Act 1969 and the applicable rules of civil procedure.

For proceedings governed by the Singapore International Commercial Court Rules 2021, the above information may also be found in Section 15.5 of the applicable SICC Procedural Guide.

For proceedings governed by Order 110 of the Rules of Court (Cap. 322, R 5, 2014 Rev. Ed.), the above information may also be found in paragraph 142A of the SICC Practice Directions and Section 13.7 of the applicable SICC Procedural Guide.