Making justice accessible to all, and removing barriers that stand in the way of guaranteeing people’s rights, is a necessary condition for a fair and equal society.
The Rules of Court 2021 (ROC 2021) came into operation on 1 April 2022. During the three-month transitional learning phase from 1 April to 30 June, the SG Courts adopted a more lenient approach towards dealing with non-compliance with the new rules, so as to allow litigants and lawyers more time to familiarise themselves with the changes. This included granting extensions of time for compliance with procedural requirements, and waivers or refunds of fees incurred, where appropriate.
Key officers, both judicial and operational, have been assigned to collate and review feedback and proposals from users regarding issues encountered in the implementation of ROC 2021. The Supreme Court and State Courts Registries established a Pro Tem Focus Group on ROC 2021 to facilitate an open channel of communication between the Courts and the Bar on the implementation of the new rules. These active and ongoing processes will be coordinated with proposals for refinements that may be implemented through amendments to ROC 2021 and the respective Practice Directions 2021.
In force since April 2022, the new Supreme Court of Judicature (Intellectual Property) Rules 2022 (SCJIPR) promise to enhance the resolution of intellectual property (IP) disputes in Singapore and make the IP dispute resolution system more accessible to individuals as well as small and medium enterprises. By consolidating the different rules relating to various IP claims found in a diverse range of subsidiary legislation, SCJIPR creates a useful, one-stop shop for IP litigants looking for the procedural rules applicable to their cases. In addition, it introduces a new optional Simplified Process track as a speedy and cost-proportionate alternative, thus ensuring enforcement of IP rights is not the preserve of the privileged.
A bespoke standalone set of procedural rules, the Singapore International Commercial Court (SICC) Rules 2021 are a gamechanger in the international dispute resolution landscape. They enhance the dispute resolution process in the SICC, with new procedures aimed at the expeditious and efficient administration of justice according to international commercial law, while providing for procedural flexibility through fair, impartial and practical processes. They contain novel features to streamline procedural steps and increase procedural flexibility. This ensures that the SICC remains progressive and has procedures compatible with, and responsive to, the fast-changing needs and realities of international commerce.
The SICC (Amendment No. 2) Rules 2022, which came into operation on 1 October 2022, introduce new processes in the SICC for cross-border corporate insolvency, restructuring and dissolution proceedings. These changes mark a positive development for Singapore with respect to the broader region’s restructuring and insolvency landscape. The SICC, with its robust framework for international dispute resolution, is well placed to further strengthen Singapore’s capability to serve as a preferred nodal jurisdiction in coordinating and dealing with cross-border restructuring and insolvency matters.