International Commercial Courts: The Singapore Experience

Melbourne Journal of International Law, Vol. 18, No. 2, 2017

U of Melbourne Legal Studies Research Paper No. 776

41 Pages Posted: 8 Jan 2018 Last revised: 16 May 2018

See all articles by Andrew Godwin

Andrew Godwin

Melbourne Law School

Ian Ramsay

Melbourne Law School - University of Melbourne

Miranda Webster

University of Melbourne - Law School

Date Written: December 31, 2017

Abstract

The last decade or so has seen the emergence of international commercial courts in four jurisdictions: the Dubai International Financial Centre ('DIFC') Courts in the DIFC, the Qatar International Court in the Qatar Financial Centre, the Abu Dhabi Global Market ('ADGM') Courts in the ADGM and the Singapore International Commercial Court ('SICC') in Singapore. Described as courts that are ‘particularly attuned to the needs and realities of international commerce’, these courts are inspired in part by the London Commercial Court and have some unique features when compared with domestic courts. For example, their judicial bench includes judges from various foreign jurisdictions. In addition, their rules and procedures cater to commercial disputes involving foreign litigants and transnational and cross-border disputes that often have little or no connection to the state within which the court is situated. Further, foreign lawyers have greater rights of audience than in traditional domestic courts with the result that, in some cases, the parties, counsel and judges all come from different jurisdictions. Given the experience of these courts to date and the likelihood that further international commercial courts will be established, it is both useful and timely to examine key issues concerning their institutional design and perceived benefits. This paper uses the SICC as the case study for an examination of these key issues.

Keywords: international commercial courts; international dispute resolution; litigation; cross-border disputes; Singapore International Commercial Court; SICC; DIFC Courts; Civil and Commercial Court of the Qatar Financial Centre; Qatar International Court

Suggested Citation

Godwin, Andrew and Ramsay, Ian and Webster, Miranda, International Commercial Courts: The Singapore Experience (December 31, 2017). Melbourne Journal of International Law, Vol. 18, No. 2, 2017; U of Melbourne Legal Studies Research Paper No. 776. Available at SSRN: https://ssrn.com/abstract=3095059

Andrew Godwin

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

Ian Ramsay (Contact Author)

Melbourne Law School - University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 5332 (Phone)

HOME PAGE: http://law.unimelb.edu.au/about/staff/ian-ramsay

Miranda Webster

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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