A Transnational Appeal Mechanism – Conflict of Laws

Written by Yip Man (Professor of Legislation, Yong Pung How Faculty of Legislation, Singapore Administration College)

To bolster Singapore’s place as a global dispute decision hub, the Singapore Worldwide Business Court docket (Worldwide Committee) Invoice (the Worldwide Committee Invoice)[1] was launched in Parliament on 14 October 2024 to determine the Worldwide Committee of the Singapore Worldwide Business Court docket (the SICC), a standalone physique, to listen to prescribed civil appeals and associated proceedings from prescribed overseas jurisdictions.[2] The institution of this transnational enchantment mechanism adopted the signing of a bilateral treaty between the Authorities of Singapore and the Authorities of the Kingdom of Bahrain on 20 March 2024. This treaty involved collaboration between the 2 jurisdictions on two key issues: 1) the institution of the Bahrain Worldwide Business Court docket (the BICC); and a couple of) the establishing of a mechanism for appeals from the BICC to be heard by the SICC.[3] The remit of the Worldwide Committee of the SICC isn’t restricted to appeals from the BICC. Preparations between Singapore and different overseas jurisdictions could also be made for appeals on sure class of civil judgments from a court docket of the originating overseas jurisdiction to mislead Singapore.

A standalone physique

The Worldwide Committee Invoice makes clear that the Worldwide Committee, when established, is not going to be a court docket of Singapore. Nor will it train the judicial energy of Singapore. Nevertheless, the Worldwide Committee will leverage ‘the shut relationship with the SICC’, as an example, the Worldwide Committee proceedings will happen in Singapore and it could use the assets and services of the Supreme Court docket of Singapore.[4]

Structure

The Worldwide Committee will comprise the Chief Justice (who shall be the President of the Committee), the Judges, Judicial Commissioners and Senior Judges of the Supreme Court docket of Singapore, the Worldwide Judges of the SICC, in addition to advert hoc members drawn from the court docket of the jurisdiction from which the enchantment arose.[5]

Jurisdiction and Powers

The place preparations have been made between Singapore and a overseas jurisdiction for appeals on sure civil issues to mislead Singapore, jurisdiction rules might be promulgated to provide impact to those preparations (together with what jurisdiction and powers the Worldwide Committee may have) and designate the Worldwide Committee because the appellate physique to listen to these appeals.[6] In different phrases, the Invoice envisages and permits for various collaborative preparations to be entered into between Singapore and completely different overseas jurisdictions.[7] The contents of the jurisdictional rules “might be topic to inter-governmental negotiations”.[8] The Worldwide Committee has jurisdiction to resolve any query about its personal jurisdiction.[9]

 Hearings and Process  

Save for opposite provision within the jurisdiction rules or related procedural guidelines, the Worldwide Committee will sit in public.[10]  The Chief Justice could make guidelines to control the process and observe to be adopted by the Worldwide Committee and the registry, together with issues regarding: documents-based hearings; for the Worldwide Committee to take a seat in non-public; prices; the means by which information could also be proved and the way in which through which factual, exert or opinion proof could also be adduced for the proceedings, and so forth.[11]

Authorized Illustration

Singapore attorneys and overseas attorneys and authorized consultants registered to seem earlier than the SICC can also seem earlier than the Worldwide Committee. The SICC mannequin of registration for overseas attorneys and regulation consultants might be prolonged to use to the Worldwide Committee. Amendments to the Authorized Skilled Act 1966 might be made to provide impact the aforesaid preparations.[12]

Enforcement of orders and judgments of the Worldwide Committee

A judgment or order of the Worldwide Committee on an enchantment from a court docket of a overseas jurisdiction is taken into account a overseas judgment or order from that overseas jurisdiction.[13] Enforcement of the judgment or order in Singapore will observe the present guidelines or mechanisms relevant to that jurisdiction,[14] until the judgment or order doesn’t have impact beneath the regulation of that overseas jurisdiction.[15]

Finality of Determination

To make sure finality, a call of the Worldwide Committee is “closing and is probably not appealed or reviewed by any court docket”.[16]

The Worldwide Committee of the SICC is predicted to be launched very quickly. That it’s not a Singapore court docket, and matched with the truth that overseas judges may very well be appointed to listen to the proceedings, strengthens the positioning of the Worldwide Committee as a really worldwide (Singapore-based) dispute decision mechanism.

[1]  https://sso.agc.gov.sg/Payments-Supp/36-2024/Printed/20241014?DocDate=20241014

[2] https://www.mlaw.gov.sg/enhancing-singapore-s-offerings-as-an-international-dispute-resolution-hub-with-the-sicc-ic-bill/

[3] https://www.mlaw.gov.sg/information/press-releases/singapore-bahrain-sign-treaty-on-appeals-from-bicc/

[4] https://www.mlaw.gov.sg/second-reading-speech-by-minister-of-state-murali-pillai-on-sicc-bill/

[5] The Worldwide Committee Invoice, part 4.

[6] The Worldwide Committee Invoice, part 6.

[7] https://www.mlaw.gov.sg/second-reading-speech-by-minister-of-state-murali-pillai-on-sicc-bill/ paragraph 35.

[8] https://www.mlaw.gov.sg/second-reading-speech-by-minister-of-state-murali-pillai-on-sicc-bill/ paragraph 25.

[9] The Worldwide Committee Invoice, part 7(2).

[10] The Worldwide Committee Invoice, part 8(2).

[11] The Worldwide Committee Invoice, part 10(2).

[12] The Worldwide Committee Invoice, part 14.

[13] The Worldwide Committee Invoice, part 13(1)(a).

[14] The Worldwide Committee Invoice, part 13(1)(b).

[15] The Worldwide Committee Invoice, part 13(2).

[16] The Worldwide Committee Invoice, part 12. See additionally https://www.mlaw.gov.sg/second-reading-speech-by-minister-of-state-murali-pillai-on-sicc-bill/, paragraph 28 (it’s made clear that the choice of the Worldwide Committee is probably not reviewed by “any court docket in Singapore”).