Singapore International Commercial Court (SICC)

The Singapore International Commercial Court (SICC) is a division of the General Division of the High Court and part of the Supreme Court of Singapore. Enhancing Singapore’s international standing as a key legal and business hub in Asia, as well as a leading centre for international commercial dispute resolution, the SICC was established in 2015 as a trusted neutral forum to meet the growing demand for effective transnational dispute resolution through litigation due to Singapore’s strategic location within Asia and the reputation of its world-class judiciary known for efficiency, competence and integrity. The SICC will hear claims that are ‘international and commercial nature’. The Chief Justice of Singapore, Sundaresh Menon, has stated that the SICC has features that make it ‘particularly attuned to the needs and realities of international commerce’. The SICC bench comprises a diverse panel of eminent international and local judges who are experienced specialist commercial judges in their own right.  An important feature of the SICC is that it allows foreign lawyers to represent parties in certain circumstances, so long as they are registered with the Court and subject themselves to a Code of Ethics.

The SICC adopts international best practices for commercial disputes. Described as “arbitration in litigation”, the SICC combines the best practices of international arbitration with the substantive principles of international commercial law. Its procedures are flexible and may be tailored to suit parties’ preferences in several aspects. Yet, the SICC retains advantages of litigation like the availability of appeal and interim measures.  Published judgments with clear grounds of decision will also aid in future disputes of a similar nature.  And most vital in multi-party/multi-contract scenarios: the ability to join third and related parties. For such complex disputes, the SICC has established the Technology, Infrastructure and Construction List (TIC List) with various protocols and enhanced features for efficient resolution.

Finally, parties having their disputes adjudicated at the SICC will find that court fees are quite cost-effective.  Such fees are based on milestone basis up to time of hearing, plus per hearing day rather than being ad valorem. Being in tandem with international best practices, the SICC allows for third-party funding and conditional fee arrangements.  A Litigation-Mediation-Litigation Protocol has also been established with the Singapore International Mediation Centre in provide parties options for multi-tiered dispute resolution. The SICC is also a supervisory court for international arbitrations seated in Singapore, and hears matters arising from them, such as challenges to arbitral awards with applications for setting-aside.  In line with Singapore’s efforts to establish itself as a nodal jurisdiction for restructuring and insolvency, the SICC also hears cross-border insolvency matters.

In essence, the SICC gives parties a truly unique dispute resolution option – which has been described by some as “arbitration in litigation”, combining the best practices of international arbitration with the substantive principles of international commercial law.  The SICC’s ever-growing jurisprudence and landmark judgments have added much to its reputation as a major adjudication forum.