Asia IP

The government of Singapore has taken a step towards settling international commercial disputes – including intellectual property disputes – through the proposed Singapore International Commercial Court (SICC).

“The SICC would be similar to the international commercial court in London, with a focus on commercial litigation with and beyond Asia,” says Andy Leck, the managing principal of Baker & McKenzie.Wong & Leow in Singapore.

Recommendations from a committee of judges, in-house counsel and practitioners from Singapore and other common law jurisdictions were submitted to the government on November 29, 2013. The report is available here.

The committee suggested that the SICC be a division of Singapore’s High Court and offer a panel of specialist commercial judges, including eminent international jurists. The SICC would here cases governed by both Singapore law and by foreign law, with the court taking judicial notice of the foreign law.

Cases would come to the SICC either by consent of the parties or through contractual agreement to use the court in disputes, says Leck. Cases could also be transferred from the Singapore High Court by the Chief Justice under the committee’s proposal.

The proposal also suggests that foreign counsel be allowed to appear in proceedings which have no substantial connection to Singapore, which could result in foreign law firms in Singapore being allowed to provide litigation services to clients for the first time.

Leck says the SICC might be especially welcome by parties who wish to avoid arbitration. “There are sceptics who frown on the feasibility of arbitration, whether because of the uncertainty of arbitral awards, the lack of availability of appeals or the lack of contractual relationship between the parties,” he said.

The Singapore government has stated that it welcomes the Committee’s recommendations, and has announced a consultation period for the committee’s report, which will close on January 31, 2014.