SYSTECH SOLICITORS LEGAL UPDATE

the international panel of judges, thereby reinforcing
the commercial focus of the court that will help to
ensure a timely resolution.
The SICC will offer great flexibility, hearing cases
governed by both Singapore and foreign law, with
the court taking judicial notice of the foreign law 3 .
Cases that involve foreign law will allow the court
to make an order allowing any question of foreign
law to be determined on the basis of submissions
by both parties, which is a simpler process than the
usual basis of proof.
Foreign lawyers will be able to make representation
in the SICC as long as it is an “offshore” case, i.e.
there is no substantial connection to Singapore or
Singapore law, and they are registered with the SICC
under the Legal Profession Act 4 . A foreign lawyer
with more than 5 years of court or tribunal advocacy
experience can apply for a full registration, otherwise
a restricted registration is available. A foreign lawyer
who is granted restricted registration may still
appear in relevant proceedings and provide advice,
but may not plead in the relevant proceedings or
represent any party. The registration is done through
a simple process of submitting a completed form
and an affidavit attesting to his/her good standing 5 .
The application can be processed within 14 days for
a fee of SGD 300 (£150/USD$220). This eases the
process of international litigation, ensuring the same
lawyer can see his client through the entire dispute
resolution without worries about jurisdiction.
Enforceability
The international nature of the court comes in handy
where it may be more appropriate to coerce parties
in a multi-party dispute to a certain jurisdiction,
and still have the decision be fully effective for
enforcement in other jurisdictions.
The reach of the binding decision is a cause of
great concern, but judges have alleviated them,
with Justice Vivian Ramsey (UK) expressing that
“international enforceability is rarely resisted because
both parties comply it as a contractual agreement
to have the dispute resolved either in the Court or by
arbitration” 6 .
Courts outside of Singapore are also keen to uphold
the SICC’s authority, where Australian courts have
ruled to freeze a Perth-based company’s shares
pending the decision of the SICC. Furthermore, there
are reciprocal enforcements of Commonwealth
judgments in most states in India and Australia, and
in Malaysia, England and Hong Kong, providing
assurance to those who are concerned about
enforceability.
Impact on construction law practice
With international construction dispute resolution
experiencing a rapid shift of workload from the
West to the Middle East and Asia, and specifically
South East Asia, the construction industry can
greatly benefit from the presence of the SICC, which
provides the option of a more cost-effective litigation
avenue when dealing with disputes.
Arbitration is sometimes preferred over litigation
in construction disputes because of a perceived
neutrality, as local parties are seen to have an
advantage in court. Furthermore, detailed technical
issues that become points of legal arguments are
seen to be better decided by arbitrators who may
have the competency and experience to tackle
complex construction disputes, rather than judges
who may also deal with other areas of law. These
concerns can arguably be mitigated by the SICC,
which as an international court affirms it as a neutral
third party venue, and where judges may be better
equipped to deal with complex issues and be
mindful of the parties’ commercial concerns.
On a larger perspective, the SICC also helps
to develop the legal landscape of the industry
due to the transparency of litigation. Arbitration’s
confidential nature poses a problem whereby the
private resolution of disputes, unlike a public court
process, does not help to develop the set rules and
guidelines that provides a basis for the construction
industry. Litigation, and especially an authority on
the international level, will be able to form case
precedence and help to build the framework that
the international construction industry can operate
within.
Experts have predicted that with the renown of
the London Commercial Court and the Dubai
International Finance Centre’s Court, and the lively
activity of arbitration in Singapore, the SICC is poised
to serve the region and the industry well.
3
http://www.lawgazette.com.sg/2014-11/1177.htm
4
Legal Profession Act s. 36P
5
Rules 5 and 6 of the Legal Profession (Foreign Representation in SICC) Rules 2014
6
n 2
24
www.systech-int.com