SICC Proceedings in General

The SICC Procedural Guide provides information on the procedures of the SICC.

The latest version of the SICC Procedural Guide that deals with the procedures under the Singapore International Commercial Court Rules 2021 has been issued.

Click here to view the SICC Procedural Guide.

The SICC User Guides provide some guidance on certain features of SICC proceedings such as:

Note 1: Jurisdiction

Note 2: Commencing an Action

Note 3: Foreign Representation

Note 4: Disapplication of Singapore Evidence Law

Note 5: Injunctions Prohibiting Disposal of Assets

Note 6: Remote Hearings

Note 7: Enforcement of SICC Judgments

Note 8: Corporate Insolvency, Restructuring and Dissolution Proceedings

Note 9: Alternative Dispute Resolution

Click here (PDF, 718 KB)to view the SICC User Guides that deal with SICC proceedings under the Singapore International Commercial Court Rules 2021.

Click here (PDF, 374 KB) to view the typical procedure of an SICC action

The Singapore International Commercial Court Rules 2021 apply to:

• Every case commenced in the SICC on or after 1 April 2022, unless the case is transferred out of the SICC;
• Every case commenced in the General Division of the High Court on or after 1 April 2022 and transferred from the General Division of the High Court to the SICC;
• Any proceedings (either upon application or on the General Division of the High Court’s own motion) for the transfer of a case from the General Division of the High Court to the SICC, where the case is commenced on or after 1 April 2022;
• Every appeal to the Court of Appeal, filed on or after 1 April 2022, from a judgment or an order of the SICC; and
• Every originating application to the Court of Appeal, made on or after 1 April 2022, in relation to a judgment or an order of the SICC.

If all parties concerned consent in writing, the Singapore International Commercial Court Rules 2021 apply with necessary modifications to:

• Every case commenced in the SICC before 1 April 2022;
• Every case commenced in the General Division of the High Court or the High Court (as the case may be) before 1 April 2022 and transferred from the General Division of the High Court to the SICC at any time;
• Every appeal to the Court of Appeal, filed before 1 April 2022, from a judgment or an order of the SICC; and
• Every originating application to the Court of Appeal, filed before 1 April 2022, in relation to a judgment or an order of the SICC.

Please refer to Order 1 rule 2 of the Singapore International Commercial Court Rules 2021 on the applicability of the Singapore International Commercial Court Rules 2021.

There is a single mode of commencement for SICC proceedings, which is by filing an Originating Application. Unless otherwise provided in the Singapore International Commercial Court Rules 2021, the SICC will order that a contested claim or counterclaim be decided by one of the following adjudication tracks: pleadings, statements, or memorials.

The SICC is not bound to apply any rule of evidence under Singapore law (including rules contained in the Evidence Act 1893 and common law) in such cases and to such extent as the Singapore International Commercial Court Rules 2021 may provide. The SICC may apply other rules of evidence (whether such rules are found in foreign law or otherwise) if an order is made on an application of party pursuant to Order 13 Rule 15 of the Singapore International Commercial Court Rules 2021.

In line with the international character of the SICC, pursuant to Order 16 Rule 8 of the Singapore International Commercial Court Rules 2021 the SICC may, on the application of a party, order that any question of foreign law be determined on the basis of oral and/or written submissions instead of proof.

This section provides guidance as to when a party should make an application to the Court of Appeal as opposed to file an appeal against the decision of the SICC.

Where an application may be made either to the SICC or to the Court of Appeal, and the application is first made to the SICC pursuant to s 57 of the Supreme Court of Judicature Act 1969:

(a) If the application is refused by the SICC, and the applicant still wishes to obtain the relief sought in the refused application, the applicant should make an application to the Court of Appeal for the same relief, instead of filing an appeal to the Court of Appeal; and

(b) in any event, any party who wishes to vary or discharge any direction or order made by the SICC on the application should likewise make an application to the Court of Appeal to vary or discharge that direction or order, instead of filing an appeal to the Court of Appeal.

Except as provided above, any party who is dissatisfied with a decision of the SICC may file an appeal to the Court of Appeal against that decision in accordance with the relevant provisions of the Supreme Court of Judicature Act 1969 and the applicable rules of civil procedure.

For proceedings governed by the Singapore International Commercial Court Rules 2021, the above information may also be found in Section 15.5 of the applicable SICC Procedural Guide.

For proceedings governed by Order 110 of the Rules of Court (Cap. 322, R 5, 2014 Rev. Ed.), the above information may also be found in paragraph 142A of the SICC Practice Directions and Section 13.7 of the applicable SICC Procedural Guide.

The Judges of the SICC generally sit from 10.00am to 1.00pm and from 2.30pm to 5.00pm on weekdays.

The Registrars of the SICC generally sit from 9.00am to 1.00pm and from 2.30pm to 5.00pm on weekdays.

Urgent applications during office hours

There may be occasions when applications for interim injunctions or interim preservation of subject matter of proceedings, evidence and assets to satisfy judgments need to be heard on an urgent basis. To request the urgent hearing of such applications, the applicant may attend before the Registrar on duty during the SICC’s operating hours regarding the fixing of a suitable hearing date or for directions. Alternatively, the applicant may contact the SICC Registry to arrange for a teleconference or video conference with the Registrar on duty.

Before the applicant attends before the Registrar on duty to request an urgent hearing before a Judge of any application, the applicant should complete (as far as possible) and file the Form of Request for Urgent Hearing before Judge (“Urgent Hearing Form”). A copy of the Urgent Hearing Form should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of the Urgent Hearing Form would or might defeat the purpose of the application.

The applicant should prepare skeletal submissions for the urgent hearing before the Judge, and file the skeletal submissions at the same time as the Urgent Hearing Form. A copy of the skeletal submissions should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of the skeletal submissions would or might defeat the purpose of the application. If the skeletal submissions are not filed, the applicant should inform the Registrar on duty whether the skeletal submissions will be filed and served by the time of the urgent hearing before the Judge.

If, due to urgency, the applicant is unable to file or serve the Urgent Hearing Form and/or the skeletal submissions before attending before the Registrar on duty, the applicant should provide a copy each of the Urgent Hearing Form and the skeletal submissions to each respondent to the application when the parties attend before the Registrar. Each such copy of the Urgent Hearing Form or the skeletal submissions must be a hard copy, if the parties attend before the Registrar on duty physically, or in soft copy, if the parties attend before the Registrar on duty by live video or live television link. Thereafter, the Urgent Hearing Form and the skeletal submissions should be filed as soon as possible and, in any event, no later than the next working day after the attendance before the Registrar on duty, unless the SICC directs otherwise. If any respondent does not attend before the Registrar on duty, the Urgent Hearing Form and the skeletal submissions should be served on that respondent as soon as possible after the hearing before the Registrar, and, in any event, before the urgent hearing before the Judge, unless the SICC directs otherwise.

In cases of extreme urgency where the applicant is unable to comply with the requirement to file or provide a copy of the skeletal submissions by the time of the urgent hearing before the Judge, the applicant should inform the Registrar on duty of the applicant’s intention to seek a dispensation of that requirement at the hearing before the Judge, and provide supporting reasons for the dispensation.

The applicant’s skeletal submissions should contain the following:

• the relevant facts;
• the applicable law;
• the reason(s) for requesting an urgent hearing; and
• a summary of arguments.

The applicant’s skeletal submissions should be in the following format:

• all pages should be paginated;
• the skeletal submissions should not exceed 10 pages (excluding the cover page and backing page);
• the minimum font size to be used is Times New Roman 12 or its equivalent;
• the print of every page must be double spaced; and
• every page must have a margin on all 4 sides, each of at least 35 mm in width.

Urgent applications after office hours, on weekends and public holidays

When an urgent application for interim injunctions or interim preservation of subject matter of proceedings, evidence and assets to satisfy judgments arises on a weekend or on a public holiday, the applicant should contact the Registrar on duty at (+65) 6332 4351 or (+65) 6332 4352. The Registrar will only arrange for the hearing of applications which the Registrar considers are so urgent that they cannot be heard the next working day.

Before contacting the Registrar on duty, all the necessary papers required for the application must be prepared together with the appropriate draft orders of Court and forwarded by way of an email to this address SUPCT_SICC_REGISTRY@judiciary.gov.sg.

Hearings of urgent applications (interlocutory or otherwise) may be conducted through teleconference or video conference if directed by the Judge hearing the application. Each party shall make its own arrangements to procure the necessary telecommunications facilities or services in order to participate in the teleconference or video conference. Each party shall be responsible for ensuring that it joins the teleconference or video conference at the designated date and time. Costs reasonably incurred in participating in such teleconference or video conference may, subject to the discretion of the SICC as to costs, be claimable as disbursements in the cause or matter.

Urgent hearing

Subject to the directions of the SICC, counsel may appear before the Judge for an urgent hearing with paper documents or using electronic documents which are electronically transmitted to the Judge (e.g. electronic mail or online file sharing) even before the filing of the relevant documents using the Electronic Filing Service or the alternative means set out under Order 27 rule 12(4) of the Singapore International Commercial Court Rules 2021.

Counsel so appearing must give an undertaking to file all the documents used at the hearing using the Electronic Filing Service or the alternative means set out in Order 27 rule 12(4) of the Singapore International Commercial Court Rules 2021 by the next working day after the hearing.

Interim injunctions are usually sought to preserve certain rights pending the full adjudication of a dispute. Examples of injunctive relief include search orders and freezing orders.

An application for the grant of an injunction or search order may be made by a party at any time after the commencement of proceedings in the SICC: see Order 18 rule 1(1) of the Singapore International Commercial Court Rules 2021. An application must be made by way of a summons supported by an affidavit and where the case is one of urgency, the application can be made by a summons without notice supported by an affidavit: see Order 18 rules 1(2) - (5) of the Singapore International Commercial Court Rules 2021. See also Order 13 rule 3(2)(b) of the Singapore International Commercial Court Rules 2021 on the use of affidavits instead of witness statements in this instance, and Order 13 rule 11 of the Singapore International Commercial Court Rules 2021 on the formalities relating to the giving of evidence by affidavit.

An injunction application may, on the request of the applicant and in appropriate circumstances, be heard on an urgent basis: see Order 18 rule 1 of the Singapore International Commercial Court Rules 2021 and Annex D to the SICC Procedural Guide. The hearing of an injunction application may be conducted through teleconference or video conference as the Judge hearing the application may direct: see Appendix C of the Singapore International Commercial Court Rules 2021 at paragraph 11.

The respondent to an application without notice, especially where the application seeks injunctive relief, should be invited to attend at the hearing of the application. Any party applying for an injunction without notice must give notice of the application to the other concerned parties prior to the hearing. The notice may be given by way of email, facsimile transmission or telex, or, in cases of extreme urgency, orally by telephone. Except in cases of extreme urgency or with the leave of the SICC, the party shall give a minimum of two hours’ notice to the other parties before the hearing. The notice should inform the other parties of the date, time and place fixed for the hearing of the application and the nature of the relief sought. If possible, a copy of the originating process, the summons without notice and witness statement(s) should be given to each of the other parties in draft form as soon as they are ready to be filed in SICC.

Notice to the other parties, or some of them, need not be given if doing so would or might defeat the purpose of the application.

In all cases where a party approaches the SICC on a without notice basis, that party must consider its duty to make full and frank disclosure to the SICC and the potential consequences of material non-disclosure. Parties should also bear in mind their continuing duty to make full and frank disclosure of all disclosable matters that arise or occur to the party after the grant of relief.

At the hearing of the summons without notice, in the event that some or all of the other parties are not present r represented, the applicant’s counsel should inform the SICC of:

• The attempts that were made to notify the other parties or their counsel of the making of the application;
• What documents were given to the other parties or their counsel and when these documents were given; and
• Whether the other parties or their counsel consent to the application being heard without their presence.

The above need not be followed if the giving of the notice to the other parties, or some of them, would or might defeat the purpose of the summons without notice.

All summons without notice for injunctions and search orders must be supported by an affidavit containing the following information under clearly defined headings:

• Reason(s) the application is taken out on a without notice basis, including whether the applicant believes that there is a risk of dissipation of assets, destruction of evidence or any other prejudicial conduct;
• Urgency of the application (if applicable), including whether there is any particular event that may trigger the dissipation of assets, destruction of evidence or any other prejudicial conduct;
• Factual basis for the application, including the basis of any belief that there will be dissipation of assets, destruction of evidence or any other prejudicial conduct, whether there have been any past incidents of the opponent dissipating assets, destroying evidence or engaging in any other prejudicial conduct, and whether there is any evidence of dishonesty or bad faith of the opponent;
• Factual basis for any reasonable defences that may be relied on by the opponent;
• Whether the applicant is aware of any issues relating to jurisdiction, forum non conveniens or service out of jurisdiction, and if so, whether any application relating to these issues has been or will be made;
• An undertaking to pay for losses that may be caused to the opponent or other persons by the granting of the orders sought, stating what assets are available to meet that undertaking and to whom the assets belong; and
• Any other material facts which the SICC should be aware of.

The applicant must prepare skeletal submissions on the points to be raised at the hearing of the summons without notice. At the hearing, the applicant shall give a copy of the skeletal submissions to the SICC and to any opponent present. As soon as possible after the hearing, the applicant shall file the skeletal submissions in SICC.

The SICC may also require the applicant to prepare a note of the hearing setting out the salient points and arguments canvassed before the SICC and may order such a note to be served together with the court documents on any opponent who is not present at the hearing or within a reasonable time after the service of the court documents.

Please refer to Section 11.4 of the SICC Procedural Guide for more information on injunctions and search orders. In addition, (a) more information on freezing orders can be found at Forms 30 and 31 of the Singapore International Commercial Court Rules 2021, and Note 5 of the User Guides; and (b) more information on search orders can be found at Form 32 of the Singapore International Commercial Court Rules 2021.

The general rule is that hearings in chambers in civil proceedings are private in nature, and that members of the public are not entitled to attend such hearings. However, the SICC may, in its discretion, permit interested parties (e.g. instructing solicitors, foreign legal counsel and parties to the matter) to attend hearings in chambers. In exercising its discretion, the SICC may consider a broad range of factors including: (a) the interest that the person seeking permission has in the matter before the SICC; (b) the interests of the litigants; (c) the reasons for which such permission is sought; and (d) the SICC’s interest in preserving and upholding its authority and dignity.

Hearings may be conducted through teleconference or video conference if directed by the Court hearing the matter. For more information on the conduct of hearings through teleconference or video conference, see paragraphs 11 to 13 of Appendix C of the Singapore International Commercial Court Rules 2021.

A party who wishes to apply to the SICC for a hearing to be conducted via teleconference or video conference should submit a request to the SICC Registry at least 7 working days before the date of the hearing, and only after seeking the consent of all the other parties in the SICC proceeding. If the parties are unable to agree, the parties’ respective positions should be set out in the request. The request may be submitted to the SICC Registry in one of the following ways:

• By online submission through the Electronic Filing Service; or
• By way of email forwarded to SUPCT_SICC_REGISTRY@judiciary.gov.sg

Subject to approval by the SICC, parties may utilise presentation slides to assist in the conduct of trial and other hearings (other than proceedings before the Court of Appeal). Presentation slides may be projected in the courtroom or Chambers at the appropriate time (e.g. during oral submissions, in the course of examination of witnesses etc.). Presentation slides shall comply with the following standards:

Typeface

A clear typeface such as Arial or Times New Roman should be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours

There should be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds

Animation of slides or elements within a slide should be avoided. Similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos

Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.

Subject to approval by the Court of Appeal, the above paragraphs on the use of presentation slides for trial also apply to proceedings before the Court of Appeal.