Bill to establish SICC International Committee passed

28 November 2024

On 12 November 2024, the Singapore International Commercial Court (International Committee) Bill (“Bill”) was passed in Parliament. The Bill establishes an International Committee of the Singapore International Commercial Court (“International Committee”), which will hear prescribed appeals of international commercial disputes from prescribed foreign jurisdictions.

Established in 2015, the Singapore International Commercial Court (“SICC”) is designed to handle transnational and cross-border commercial disputes. Through the establishment of the International Committee and the transnational appeal mechanism set out in the Bill, Singapore seeks to enhance its offerings as a leading international centre for dispute resolution that are responsive and attuned to evolving commercial needs. This will enhance opportunities for the development of jurisprudence beyond Singapore and create opportunities for more cross-border legal work thereby boosting the Singapore legal sector.

A summary of the key features of the International Committee is set out below.

  • Structure and constitution: The International Committee will be a standalone body hearing prescribed civil appeals of an international and commercial nature from prescribed foreign courts. The International Committee will not be a court of Singapore, nor will it exercise the judicial power of Singapore. Proceedings before the International Committee will take place in Singapore. The International Committee’s bench will consist of permanent members drawn from the Judges of the Supreme Court and International Judges of the SICC, and ad hoc members drawn from the foreign court of appeal origin.
  • Jurisdiction: Particulars of each collaboration agreement with a foreign jurisdiction will be set out in regulations made under the Bill. The Minister for Law will be empowered to make regulations pertaining to (i) the type of cases that can be appealed to the International Committee from a prescribed foreign jurisdiction, (ii) the powers of the International Committee, and
    (iii) ancillary matters, such as the appointment of ad hoc members and composition of the International Committee panel.
  • Legal representation: For parity with the SICC, Singapore advocates and solicitors can appear before the International Committee. The SICC registration model for foreign lawyers and law experts will be extended to apply to the International Committee. Those who have registered to appear before the SICC are allowed to also appear before the International Committee.
  • Enforcement: For enforcement by the courts of Singapore, a judgment or order of the International Committee will be treated as a judgment or order of a court of that foreign jurisdiction from which the appeal arose. This means the International Committee’s judgments will be enforceable in accordance with the mechanisms applicable to that jurisdiction. For example, if that jurisdiction is party to the Convention on Choice of Court Agreements, enforcement in accordance with the Choice of Court Agreements Act 2016 is available.
  • Finality: To ensure finality, a decision of the International Committee may not be appealed to, or reviewed by, any court in Singapore.

First collaboration arrangement under the Bill’s framework

As Singapore’s first collaboration arrangement under the Bill’s framework, Singapore and Bahrain signed a Treaty on 20 March 2024 for Bahrain to establish the Bahrain International Commercial Court (“BICC”), and for Singapore to designate a body to hear appeals from the BICC. The International Committee will be the body to hear these appeals. Details of the collaboration, such as the type of cases that may be heard on appeal by the International Committee, will be set out in regulations made under the Bill.

Reference materials

The following materials are available on Singapore Statutes Online sso.agc.gov.sg and the Ministry of Law website www.mlaw.gov.sg: