Annual Report 2022

Strengthening Partnerships

7th Judicial Seminar On Commercial Litigation
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7TH JUDICIAL SEMINAR ON COMMERCIAL LITIGATION

The Supreme Court of Singapore hosted the Seventh Judicial Seminar on Commercial Litigation on 24 and 25 February 2022. Convened by the judiciaries of the Hong Kong Special Administrative Region, New South Wales and Singapore, the seminar also featured representatives from Australia, Brunei Darussalam, China, India, Japan, Malaysia, New Zealand and South Korea. Close to 70 participants attended this closed-door event, which was conducted virtually for the first time.

Over the two days, chief justices, judges and senior judicial representatives from the participating judiciaries discussed various aspects of commercial litigation, and shared their legal expertise and experiences. The seminar opened with remarks by Chief Justice Sundaresh Menon, after which there was an active exchange of in-depth views and best practices to enhance international commercial dispute resolution and strengthen cooperation between courts in cross-border matters.

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The virtual seminar covered topics of critical importance to the future of commercial dispute resolution.

The judges and senior judicial representatives contributed many useful insights during the seven sessions that covered topics relating to:

SUBSTANTIVE COMMERCIAL LAW

  • Recent developments relating to penalty clauses and restraint of trade in common law jurisdictions.
  • How the doctrine of transnational issue estoppel may usefully minimise the re-litigation of issues across different courts.
  • Current issues and developments in the law concerning challenges brought to arbitral awards.

CASE AND COURT MANAGEMENT ISSUES

  • Recent civil procedural innovations, and lessons and experiences in the use of technology for trials during the pandemic.
  • The pressing problem of complexification in commercial disputes, particularly in construction disputes.
  • The establishment and leveraging of court-to-court communication protocols in transnational commercial litigation.
  • Possible uses of artificial intelligence and other technology enablers to enhance judicial decision-making and the administration of justice.
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