Model Clauses

The choice of SICC as a dispute resolution forum should ideally be made when contracts are negotiated and entered into. However, parties can enter into an agreement to submit to the jurisdiction of the SICC at any other time, such as after a dispute has arisen. Parties may, after having chosen the SICC as a dispute resolution forum, also agree to limit or exclude their rights of appeal against the SICC judgment.

Basic Jurisdiction Clauses

Submission to the jurisdiction of the Singapore International Commercial Court ("SICC") before a dispute arises

"Each party submits to the exclusive* jurisdiction of the Singapore International Commercial Court all disputes arising out of or in connection with the present contract, including any question relating to its existence, validity or termination."

*[Note: Parties should be aware that by changing this clause to a “non-exclusive” submission to the jurisdiction of the Singapore International Commercial Court, they may not be able to avail themselves of, amongst other benefits, the judgment recognition and enforcement framework provided by the Hague Convention on Choice of Court Agreements. If there is a written jurisdiction agreement between the parties to submit to the jurisdiction of the Singapore International Commercial Court, the Singapore International Commercial Court will not decline to assume jurisdiction in an action solely on the ground that the dispute between the parties is connected to a jurisdiction other than Singapore and this remains so regardless of whether such submission is exclusive or non-exclusive: see Order 2, Rule 3 read with Rule 1(7) of the Singapore International Commercial Court Rules 2021.] 

 

Submission to the jurisdiction after a dispute arises

"A dispute, controversy or claim having arisen between the parties concerning [define dispute] ("the Dispute"), each party hereby submits the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court."

 

Agreement that proceedings under International Arbitration Act 1994 be commenced before, and heard and adjudicated by, the Singapore International Commercial Court

"In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 [in relation to the arbitration]*, the parties agree: (a) to commence such proceedings before the Singapore International Commercial Court ("the SICC"); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC."

* The words in square brackets are to be inserted only in a case where the agreement forms a part of an arbitration clause.

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