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.

Parties named in the title of documents

Where a party to any proceedings in the SICC first files a document in such proceedings, he or she is to state his or her identification number in accordance with the Electronic Filing System data entry fields for identification number.

Parties not named in the title of the documents

Where a party to any proceedings in the SICC first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, the identification number of the party should be provided in accordance with the Electronic Filing System data entry fields for identification number.

Identification numbers for non-parties

If any person (living or dead), any entity or any property is the subject matter of any proceedings, or is affected by any proceedings, but is not a party thereto, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must  provide the identification number of such person, entity or property in accordance with the Electronic Filing System data entry fields for identification number. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he or she may state “(ID No. Not Known)”.

Special cases

The following directions shall apply in addition to the above:

• Where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, the above paragraphs apply to the deceased person as if he were a party; and
• Where more than one identification number applies to any party, person, entity or property, the identification numbers shall be stated in any convenient order.

Identification numbers

When entering the identification number in the Electronic Filing Service, the full identification number, including the letters before and after the number should be entered.

Guidelines for the selection of identification numbers

The following guidelines should be followed in deciding on the appropriate identification number:

• Natural person with Singapore identity card: For a natural person who is a Singapore citizen or permanent resident, the identification number shall be the number of the identity card issued under the National Registration Act. The 7-digit number as well as the letters at the front and end should be stated. For example, “(NRIC No. S1234567A)”.
• Natural person with Foreign Identification Number (FIN): For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act, but has been assigned a FIN under the Immigration Regulations, the identification number shall be the FIN. The number should be preceded by the prefix “FIN No.”.
• Natural person – birth certificate or passport number: For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act or assigned a FIN under the Immigration Regulations, the identification number shall be the birth certificate or passport number. The number should be preceded by either of the following, as appropriate: “(Issuing country) BC No.” or “(Issuing country) PP No.”.
• Natural person – other numbers: For a natural person who is not a Singapore citizen or permanent resident, and has not been assigned a FIN under the Immigration Regulations and does not have a birth certificate or passport number, the identification number shall be the number of any identification document he may possess. Both the number as well as some descriptive words which will enable the nature of the number given and the authority issuing the identification document to be ascertained should be stated. For example, “Japanese Identification Card No.”.
• Deceased person: For a deceased natural person, the identification number shall be as set out in the above sub-paragraphs. However, if such numbers are not available, the identification number shall be the death registration number under the Registration of Births and Deaths Rules or the equivalent foreign provisions, where the death is registered abroad. The number as well as the following words should be stated: “(Country or place of registration of death) Death Reg. No.”.
• Company registered under the Companies Act: For a company registered under the Companies Act, the identification number is the Unique Entity Number (UEN).
• Company registered outside Singapore: For a company registered outside Singapore which is not registered under the Companies Act, the identification number is the registration number of the company in the country of registration.
• Business registered under the Business Registration Act: For a body registered under the Business Registration Act, the identification number is the UEN number.
• Limitation Liability Partnership registered under the Limited Liability Partnerships Act: For a limited liability partnership registered under the Limited Liability Partnerships Act 2005, the identification number is the UEN number.
• Other bodies and associations: For any other body or association, whether incorporated or otherwise, which does not fall within the foregoing sub-paragraphs, the identification number is any unique number assigned to the body or association by any authority. Both the number as well as some descriptive words which will enable the nature of the number given and the authority assigning the number to be ascertained should be stated. For example, “Singapore Trade Union Reg. No. 123 A”.
• Ship or vessel: For a ship or vessel, the identification number is the registration number assigned by the port of registry. If no such registration number is available, the identification number assigned by the International Maritime Organisation (IMO) or the number of the licence granted by any authority shall be the identification number.
• No identification numbers exist: Where the appropriate identification numbers prescribed by the above sub-paragraphs do not exist, the following words should be stated immediately below or after the name of the party, person, entity or property concerned: “(No ID No. exists)”.

Inability to furnish identification number at the time of filing a document

If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required, the party may indicate “(ID Not Known)” at the time of filing. However, when the necessary identification numbers have been obtained, the party will have to furnish the necessary identification numbers to the SICC Registry.

Meaning of document

For the avoidance of doubt, the words “document” and “documents” when used in these directions include all originating processes filed in the SICC.

Non-compliance

Any document which does not comply with these directions may be rejected for filing by the SICC Registry.

Where it is necessary to include endorsements on any document, the paragraphs below will apply.

Endorsements are normally made on originating processes and other documents to show renewal, amendments and authorisation for service of the document in question, among other things. Such endorsements on originating processes and other documents do not require the Registrar’s signature as they are made pursuant to either an order of Court or the Singapore International Commercial Court Rules 2021.

For documents that are filed through the Electronic Filing Service as electronic forms composed online:

• Counsel should select the appropriate endorsement, and check the accuracy of the electronic form in the preview stage before filing the originating process or other document. The acceptance by the SICC Registry of electronic forms composed online does not affect the regularity or otherwise of any endorsements on the document.
• Where endorsements can be made prior to the filing or issuance of a document, those endorsements shall be incorporated into the document before the document is filed or issued.
• Where endorsements must be made on a document which has already been filed or issued, a fresh copy of the document containing the relevant endorsements shall be prepared, and the document must be re-filed or re-issued, as the case may be. An example of this would be renewals of writs of summons.

The party making a request (“Requesting Party”) for service out of jurisdiction under Article 3 of the Hague Service Convention (“Hague Service Convention”) is to download the current  version of the Model Form which is set out on the Internet website for the Hague Service Convention at https://www.hcch.net/en/instruments/conventions/specialised-sections/service.

The Requesting Party is to complete Part 1 and Part 3 of the Model Form and file the Model Form on eLitigation as “Other Supporting Documents” which is to be re-named as “Hague Service Convention Model Forms”.

The Requesting Party is to then file the “Request for Service of Document Out of Singapore” (“SOD Form”) which is to be completed as follows:

• Under “Name of document to be served” the solicitor or foreign lawyer is to list:
  • The documents which are to be served, as listed in Part 1 of the Model Form.
  • The “Hague Service Convention Model Forms” as referred to in the first paragraph above (filed using “Other Supporting Documents” and re-named accordingly).
• To tick the checkbox “the government of (where the government is willing to effect service)” and amend the name of the accordingly.

After the SOD Form has been filed, the Requesting Party is to file a “Other Hearing Related Request” to enclose a letter which is to state that:

• The request for service out of Singapore is made under Article 3 of the Hague Service Convention pursuant to Order 5 rule 8A of the Singapore International Commercial Court Rules 2021 (“SICC Rules 2021”).
• The Requesting Party’s counsel or Requesting Party undertakes to be responsible personally for all expenses incurred by the Supreme Court in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Supreme Court, whether before or after the service, pay those expenses and to produce a receipt for the payment to the proper officer in the Supreme Court.

The Requesting Party will receive correspondence from the Court with information on the next steps.

Singapore law practices are to file, serve, deliver or otherwise convey all documents to the Registrar in all proceedings using the Electronic Filing Service.

Full Registration Foreign Lawyers granted full access to the Electronic Filing Service are to file, serve, deliver or otherwise convey all documents to the Registrar using the Electronic Filing Service.

Full Registration Foreign Lawyers who are nominated by foreign law practices as authorised users are to file, serve, deliver or otherwise convey all documents to the Registrar using the Electronic Filing Service.

Where it is impracticable for a Full Registration Foreign Lawyer to file, serve, deliver or otherwise convey documents to the Registrar using the Electronic Filing Service, a request for assistance to record such documents in the Electronic Filing Service may be made to the Registrar.

Where the request for assistance is made, the documents may be sent or made accessible to the Registrar:

• by electronic mail;
• by personal delivery or courier to the SICC Registry of CD-ROM(s) or DVD-ROM(s) containing soft copies of the documents in Portable Document Format (PDF). Parties should note that the CD-ROM(s) or DVD-ROM(s) that is provided will be retained by the SICC Registry as part of the record of the case; or
• by uploading soft copies of the documents in Portable Document Format (PDF) in online folders designated by the SICC Registry for such purposes. Full Registration Foreign Lawyers are required to make prior arrangements with the SICC Registry for access to such online folders before this option may be utilised.

The documents sent or made accessible by Full Registration Foreign Lawyers to the Registrar will be recorded by the SICC Registry in the SICC’s electronic case file using the Electronic Filing Service only after the requisite filing fees are received by the SICC Registry. The Registrar may deduct such fees from the party’s deposit where the party has maintained a deposit with the SICC Registry.

The SICC Registry will provide assistance only during the operating hours of the SICC Registry. Further, parties are put on notice that it may take up to one working day after the requisite filing fees are received by the SICC Registry or after the documents have been sent or made accessible to the Registrar, whichever is later, for the documents to be recorded by the SICC Registry in the SICC’s electronic case file.

The act of sending or making accessible documents to the Registrar does not constitute the filing or service of the documents. Such documents will be deemed filed only when the documents are recorded by the SICC Registry in the SICC’s electronic case file using the Electronic Filing Service. The SICC Registry will not assist in effecting service of documents. Parties are reminded that they must comply with any requirement to serve documents as provided in the Singapore International Commercial Court Rules 2021 or directed by the SICC.

The party requesting the assistance of the Registrar to record documents in the SICC’s electronic case file using the Electronic Filing Service remains fully responsible for complying with any timeline or requirement that exists for the filing or service of such documents. The party should factor in time that will be required for processing such requests. 

Parties are reminded not to transmit voluminous documents by electronic mail and should instead use the other transmission methods set out above for such documents. In any event, parties must ensure that the size of each electronic mail sent to the SICC Registry does not exceed 20 MB.

For the avoidance of doubt, section 13 of the Electronic Transactions Act shall apply for the determination of the time and place of despatch and receipt of documents sent or made accessible to the Registrar. For the purpose of section 13(2) of the Electronic Transactions Act, the Registrar designates:

• the electronic address SUPCT_SICC_REGISTRY@judiciary.gov.sg in respect of documents sent by electronic mail; and
• in respect of documents sent by uploading soft copies of the documents in Portable Document Format (PDF), the electronic address shall be the uniform resource locater (URL) of the online folder that has been designated by the SICC Registry for such purpose.

Summonses that are filed using the Electronic Filing Service will be routed to the inbox of the applicant’s counsel’s Electronic Filing Service account after acceptance for filing by the SICC.

Summonses that are filed via a request madeto the Registrar for assistance to record such documents in the Electronic Filing Service will be returned to the applicant or his counsel by electronic mail to the electronic mail address set out in the administrative details contained in the electroniccase file unless counsel or parties request another mode of delivery.

In the event that documents cannot be filed, delivered or otherwise conveyed to the Registrar through the Electronic Filing Service or by a request to the Registrar for assistance to record such documents in the Electronic Filing Service, counsel and law firms may file documents through the Lawnet & CrimsonLogic Service Bureau (“Service Bureau”), whose addresses, contact details and operating hours may be found on the eLitigation website at https://www.elitigation.sg. Litigants in person may also file documents through the Service Bureau.

If a document which is to be filed, served, delivered or otherwise conveyed using the Electronic Filing Service cannot be converted in whole or in part into an electronic format for any reason, the hard copy of the document must be filed at the SICC Registry.

If the SICC receives a document which the filing party says cannot be converted in whole or in part into an electronic format, and it can discern no good reason why the document cannot be wholly converted into an electronic format, the documentmay be rejected.

Every page of a document must be paginated so that the pagination on the actual document corresponds with the pagination of the Portable Document Format (PDF) document in the electronic case file.

In relation to affidavits or witness statements filed and used in proceedings in the SICC, every page of the affidavit or witness statement (including separators and exhibits, if any) shall be paginated consecutively, and the page number shall be inserted at the centre top of the page.

Every page of the exhibits to any affidavit or witness statement, including cover pages, dividing sheets or separators between exhibits, shall be consecutively numbered at the top right hand corner of each page, followingfrom the page numbers of the affidavit or witness statement (i.e. the first page of the exhibits shall take the number following the last page of the main text). The page number of the affidavit or witness statement must correspond to the page numberin the Portable Document Format (PDF) version that is filed through the Electronic Filing Service.

The following limits apply to the filing of documents using the Electronic Filing Service:

• the total number of documents in a single submission cannot exceed 99;
• the total number of pages in a single document cannot exceed 9,999; and
• the size of a single transmission cannot exceed 500 mega-bytes.

The limits described above will apply to filing both online through the Electronic Filing Service and the Service Bureau, as well as to documents recorded in the SICC’s case file using the Electronic Filing Service.

The resolution for scanning, unless otherwise directed by the court, shall be no more than 300 DPI.

In the event that any counsel wishes to file documents which exceed the limits specified above, he should inform the Registrar at least 14 calendardays before the intended filing date. The SICC Registry may issue directions on how the documents should be filed at a hearing or by way of correspondence.

The Registrar may, at his discretion, request hard copies of any document filed electronically. Upon such request, the filing party or his counsel shall furnish hard copies of the relevant documents at the venue specified by the Registrar:

• within the specified time frame; or
• within 5 working days of the request, if no time frame is specified.

The Registrar may also direct that any document be filed in hard copy instead of using the Electronic Filing Service for such period or periods as the Registrar thinks fit.

Parties are reminded that they must, at all times, ensure that the information stored in the front end system of the Electronic Filing Service is up-to-date and free from errors as the same information will be reproduced in the electronic forms that are generated by the Electronic Filing Service.

Counsel having the conduct of any cause or matter may delegate the task of filing originating processes and documents in the SICC to an assistant or a suitably experienced law clerk or secretary, provided always that counsel must personally satisfy himself as to the accuracy and completeness of the information submitted to the SICC, and must personally bear responsibility for any errors or deficiencies.

In particular, counsel should ensure the following:

• that the title of the action generated using the Electronic Filing Service is accurate and correct; and
• where an action is commenced, that either (a) at least one nature of claim is selected that adequately represents the subject matter of the action, and/or (b) the relevant legislation under which the action is brought is provided.

Documents submitted or filed through the Electronic Filing Service

Care must be taken to enter correct, complete and accurate information into the electronic form in the Electronic Filing System. If the information entered into the electronic form and the actual document differ, the document may be rejected by the SICC.

Documents submitted, filed or transmitted through any other modes

Similarly, care must be taken to ensure that correct, complete and accurate information is contained in any documents submitted, filed or transmitted to the SICC Registry through any other modes accepted. If the information contained in these documents differs from the information in the electronic case file, the document may be rejected by the SICC.

Effect of acceptance of a document for filing by the SICC

The acceptance of a document for filing by the SICC does not mean that there are no errors in the document, or that the contents of the document have been approved. The SICC may direct, at any time, that an amended document be filed to address any errors in the document.

Back-dating

In the event that any document is rejected through no fault of the party submitting the document, counsel may re-file the document with a request that the date and time of filing or issuance, as the case may be, be back-dated toan earlier date and time.

General

For the purposes of the following paragraphs:

• “personal data” has the same meaning as defined in the Personal Data Protection Act 2012; and
• “data subject” means a person whose personal data appears in any document filed in the SICC Registry, or in any electronic cause book or register maintained by the SICC Registry.

Consent to collection, use or disclosure of personal data

Consent to the collection, use or disclosure of personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar need not be obtained.

The Registrar may compile and maintain electronic cause books and registers by extracting information, including personal data, contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar.

Access to personal data

Personal data contained in documents filed with, served on, delivered or otherwise conveyed to the Registrar: A data subject who wishes to access his personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar must comply with the applicable provisions in the Singapore International Commercial Court Rules 2021 and the SICC Procedural Guide relating to the access to and inspection of case files. A data subject is not entitled to request information about the ways in which his personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar has been used or disclosed.

Personal data contained in electronic cause books and registers maintained by the SICC Registry: A data subject who wishes to access his personal data contained in any electronic cause book or register must conduct a search through the Electronic Filing Service or at a Service Bureau and must pay the fees prescribed in Order 26 to the Singapore International Commercial Court Rules 2021. A data subject is not entitled to request information about the ways in which his personal data contained in any electronic cause book or register has been used or disclosed.

A data subject who wishes to correct any error or omission in his personal data in any document filed in the SICC Registry must comply with the applicable provisions in the Singapore International Commercial Court Rules 2021 and the SICC Procedural Guide relating to the amendment of the relevant document.

A data subject who wishes to correct any error or omission of his personal data in any electronic cause book or register maintained by the SICC Registry must comply with the following procedure:

• The request to correct the error or omission must be made in writing by the data subject or by his counsel, together with the reason for the requested correction. The request must clearly identify the record and the personal data to be corrected;
• If the data subject is not represented, his identity card or passport number should also be included in the request and a copy of his identity card or passport should be provided; and
• The following documents should accompany the request:
  • recent copy of the record identifying the error or omission; and
  • supporting document(s) to substantiate the proposed correction.

Where a correction is made pursuant to a request, any information that is licensed for use under Order 1 rule 15 of the Singapore International Commercial Court Rules 2021 will be updated accordingly with the corrected personal data.

Where monies are sought to be paid into the SICC pursuant to a judgment or order of the SICC, a copy of the judgment or order must be referenced in the draft direction to the Accountant-General for payment in and submitted to the SICC Registry for approval.

Where monies are sought to be paid out of the SICC pursuant to a judgment or order of the SICC, a copy of the judgment or order, or of the written consent attached to the draft direction to the Accountant-General for payment out, must be submitted to the SICC Registry for approval.

Each draft direction for payment into or payment out of the SICC shall contain amounts in a single currency. Where monies in different currencies are to be paid into or out of the SICC, separate draft directions must be prepared for each currency in which payment is to be made.

Any deposit to be furnished to the SICC must be by direct interbank payment or telegraphic transfer into the SICC’s nominated account, which details are as follows:

The Registrar may refuse to administer proceedings in the SICC or in an appeal from the SICC, whether in respect of the proceedings entirely or in respect of the party in default, if any fee or deposit payable for the proceedings is not paid.

The direct interbank payment or telegraphic transfer should indicate the name of the party who is furnishing the deposit to the SICC and the relevant case number (where available), to facilitate the identification of the incoming bank transfer payment to the corresponding party and/or case.

The SICC Registry will make available to each party statements of such amounts standing to its credit in its deposit via the Electronic Filing Service. Where a party to the proceedings is not a subscriber to the Electronic Filing Service, such statement will be furnished upon request to the party by e-mail sent to the party’s e-mail address indicated in the electronic case file. Parties and counsel are therefore reminded to ensure that the administrative details contained in the electronic case file in the Electronic Filing Service are kept up-to-date.

After the conclusion of each case, the SICC Registry will render a final statement to each party of its deposit together with a Return of Deposit form. Upon receipt of such final statement, each party with a credit in its deposit shall select its preferred option for the return of its deposit and return the Return of Deposit Form to the SICC Registry.

After the expiry of 30 calendar days from the date of receipt of the Return of Deposit Form, the SICC Registry will return such amounts standing to the credit of that party in the manner selected in the Return of Deposit Form, less any amounts that may be reasonably incurred by reason of the mode of payment selected.

If within 30 calendar days from the date of the final statement, the Return of Deposit form is not returned, or no option for the return of the party’s deposit is selected, the SICC Registry will determine the manner in which such amounts standing to the credit of that party is to be returned and will return such amounts accordingly.

Implementation of the electronic system for the payment of fees

All deposits, fees and charges not paid using the Electronic Filing Service must be paid by electronic means.

Modes of electronic payment

Payment through electronic means includes payment effected by wire transfer (e.g. SWIFT), Interbank GIRO (IBG), NETS, Cashcards and selected credit cards.

Save that payments of fees for the purposes of becoming a Registered Foreign Lawyer or a Registered Law Expert may be made using selected credit cards through an online payment portal, payment through NETS, Cashcards and selected credit cards may only be effected at the Supreme Court cashier’s counter.

For Singapore law practices and law firms with a presence in Singapore, payment by IBG would be the most appropriate mode of electronic payment. A law firm using IBG will authorise the Supreme Court to deduct the fees from its bank account upon lodgement of the prescribed lodgement form. The law firm will receive detailed reports on its IBG payments to facilitate accounting and help with bank reconciliation.

Scope of electronic payment

The electronic payment covers all fees, including court fees, hearing fees (whether the hearing is held in the SICC, by teleconference or video conference) and all other fees and charges for services or otherwise that may be payable to the SICC in relation to proceedings in the SICC.

Registrar’s discretion

The Registrar may, in any case, waive the requirements for payment to be effected by electronic means, on such terms and conditions as the Registrar deems fit.