SYSTECH SOLICITORS LEGAL UPDATE

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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
Summary While arbitration as an alternative dispute resolution method has been increasingly popular, there are many areas in which this method alone cannot adequately serve the needs of the construction industry. Arguably the most important benefit of the SICC will be the ability to provide parties the opportunity to “tailor processes to serve particular needs” 7 . The SICC places great emphasis on its international and commercial nature, attempting to save time and eliminate practical procedural issues by allowing foreign lawyers representation in the court, while also being able to tackle issues of foreign law. Its neutral venue provides a great advantage for parties doing business in the region, and will provide flexibility in “catering to the ever-growing market for international commercial dispute resolution in Asia” 8 , filling the gap to “provide an internationally accepted dispute resolution procedural framework … in accordance with substantive principles in international commercial law” 9 . The SICC now poises business-friendly Singapore as a one-stop dispute resolution hub where parties have the luxury of options to best resolve their issues quickly and prevent unnecessary costs, and its success and efficiency are eagerly awaited. 7 iThomas J Stipanowich, “Arbitration: The Choice is Yours” (2010) 3(1) Jams Global Construction Solutions 7 8 Duane Morris and Selvam, “Singapore International Commercial Court” (Press Centre) 9 n5 www.systech-int.com 25
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Page 3 and 4: CONTENTS 4 7 10 13 16 19 22 26 John
Page 5 and 6: The first question to ask is: is re
Page 7 and 8: CLIENT’S GUIDE TO ENFORCING ARBIT
Page 9 and 10: virtually any matter can be argued
Page 11 and 12: It is a fairly common scenario in t
Page 13 and 14: CHERRY PICKING IN ADJUDICATION Phil
Page 15 and 16: from the responding party from sums
Page 17 and 18: When it comes to construction and s
Page 19 and 20: PROTECTING COMMERCIALLY VALUABLE IN
Page 21 and 22: can be fiercely negotiated and rang
Page 23: The SICC confirms Singapore as a Di
Page 27 and 28: The question as to whether the Sing
Page 29 and 30: Systech Solicitors offers a truly u

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