Representation by Foreign Lawyers

A party to proceedings commenced in the SICC, and in appeals arising from such proceedings, may be represented by a foreign lawyer registered pursuant to section 36P of the Legal Profession Act 1966 and the provisions contained in the Legal Profession (Representation in Singapore International Commercial Court) Rules. Please refer to the Legal Profession Act 1966 and the Legal Profession (Representation in Singapore International Commercial Court) Rules for the precise situations where a party to SICC proceedings may be represented by a foreign lawyer.

A named Registered Foreign Lawyer or Registered Law Expert may make submissions on any question of foreign law on behalf of a party in accordance with the provisions under Order 16 rule 8 of the Singapore International Commercial Court Rules 2021.

In making an order that any question of foreign law arising in any cause or matter in the SICC be determined on the basis of submissions instead of proof, the SICC must be satisfied that each party is or will be represented by a counsel, Registered Foreign Lawyer or Registered Law Expert who is suitable and competent to submit on the relevant questions of foreign law. For this purpose, the SICC may require that party to provide evidence attesting the suitability of the counsel, Registered Foreign Lawyer or Registered Law Expert (including evidence of good standing), and may consider:

• The experience of the counsel, Restricted Registered Foreign Lawyer or Registered Law Expert in practising the foreign law or subject matter in question;
• The qualifications of the counsel, Restricted Registration Foreign Lawyer or Registered Law Expert in relation to the foreign law or the subject matter in question;
• The proficiency of the counsel, Restricted Registration Foreign Lawyer or Registered Law Expert in the language in which the foreign law in question is in; and
• The SICC's own competence in the foreign law or subject matter in question and proficiency in the language in which the foreign law in question is in.

Please refer to Note 3 of the SICC User Guides for more information on foreign representation.

Foreign law practices that are located in Singapore may apply to be registered under Order 28 rule 6 of the Rules of Court 2021 read with Order 27 rule 12(1) of the Singapore International Commercial Court Rules 2021 as users of the Electronic Filing Service for causes or matters filed in the SICC. The applicable procedures and requirements for registration as a user of the Electronic Filing Service are governed by O 27 rule 12 of the Singapore International Commercial Court Rules 2021.

Full Registration Foreign Lawyers may access the Electronic Filing Service in accordance with the provisions set out in O 27 rule 12 of the Singapore International Commercial Court Rules 2021.

A Full Registration Foreign Lawyer will be able to view the electronic case files of the cases in which the Full Registration Foreign Lawyer is appointed, and may request the access to be changed from view only access to enable online filing and service of documents. In order to do so, the Full Registration Foreign Lawyer will have to make an appointment to be personally present at the SICC Registry with original photo-identification. The following types of photo-identification are acceptable:

• valid passport or other travel document containing a recent photograph;
• driver's licence containing a recent photograph;
• identification card issued by the Full Registration Foreign Lawyer's home country or country of residence containing a recent photograph; and
• passes and visas administered by the Ministry of Manpower containing a recent photograph.

If a Full Registration Foreign Lawyer is not able to be personally present at the SICC Registry, he may make an appointment for verification through video conference with the photo-identification that was submitted by the Full Registration Foreign Lawyer in his application for registration. The Full Registration Foreign Lawyer shall make his own arrangements to procure the necessary telecommunications facilities or services in order to participate in the video conference. The Full Registration Foreign Lawyer shall be responsible for ensuring that he joins the video conference at the designated date and time.

Where it is impracticable for a Registered Foreign Lawyer who is granted full registration to file, serve, deliver or otherwise convey documents using eLitigation, a request for assistance to record such documents in eLitigation may be made to the Registrar.

The abovementioned requests may be submitted to the SICC Registry by way of email forwarded to SUPCT_SICC_REGISTRY@judiciary.gov.sg.