Editor’s Note: The Fourth Seminar of the International Commercial Expert Committee of the Supreme People’s Court and Reappointment (New appointment) Ceremony of Expert Members was held successfully on September 25, 2024. Over 40 experts from more than 20 countries and regions focused on the theme of the “Collaborative Dialogue, Diverse Integration, Peaceful Development” during the seminar. Extensive and in-depth discussions were held within the framework of four specific issues. The texts of speeches delivered by the members of expert committee and distinguished guests during the discussion session on Topic One International Experience and Chinese Practice of International Commercial Courts: Procedural Rules, Case Management, and Building Judicial Credibility Building would be posted on the CICC’s website.

Procedural Rules and Case Management: the Experience of the Singapore International Commercial Court

Justice Steven Chong

Judge of Appeal of the Supreme Court of Singapore

Judge of the Singapore International Commercial Cour

Chief Justice Zhang Jun, President of the Supreme People’s Court of the People’s Republic of China,

Judges and officials from the Supreme People’s Court of the People’s Republic of China,

Members of the International Commercial Expert Committee, and distinguished guests,

1. Thank you for the privilege of being re-appointed to the International Commercial Expert Committee (ICEC), and for the invitation to speak at the ICEC’s 4th Seminar. I regret that I am unable to join you in-person today, for what promises to be a highly enriching series of discussions.

2. When I spoke at the 2nd Seminar of the ICEC in 2020, I observed that the demand for international commercial dispute resolution has increased exponentially in recent years. I also suggested that the rise in international commercial courts came as a reaction to this rising demand. But why do disputing parties look to international commercial courts to resolve their disputes, when they could readily resort to alternatives such as arbitration? And how can international commercial courts continue to position themselves as an attractive fora for dispute resolution?

3.  I will suggest today that a key part of the answer lies in the fact that international commercial courts combine the best that both international arbitration and the courts have to offer. On the one hand, parties prize the flexibility of procedure and autonomy that have become the hallmarks of international arbitration and international dispute resolution more generally. On the other, parties desire an efficient and cost-effective process proportionate to the value of the dispute. The Singapore International Commercial Court or SICC was designed with these complementary aims in mind.   

4. Let me begin with the principle of flexibility. When a party commences a claim in the SICC, the Court will order that their claim be decided by one of three adjudication tracks: a Pleadings Track, Statements Track or Memorials Track. The Pleadings and Statements Track more closely resemble the procedures

in common law jurisdictions. Under the Pleadings Track, for example,  the claimant first files a Statement of Claim that identifies the material facts of its claim, before the defendant files a response in the form of a Defence. This process serves to distil the key issues and positions taken by the parties, without delving too deeply into the evidence. By contrast, the Memorials Track entails that parties file comprehensive memorials and counter-memorials, setting out in full detail the relevant facts and legal grounds or arguments. The Memorials Track takes some inspiration from procedures more commonly found in civil law jurisdictions. The SICC model thus offers parties an element of choice: parties can agree on a track most familiar to them, and the Court may have regard to such an agreement.   

5.  This flexibility is tempered by the robust and active role that the Court plays in managing the proceedings. For instance, while the Court may have regard to the parties’ agreement on track selection, the Court ultimately has discretion to decide and even modify the adjudication track to be applied in a case. This exercise of discretion is guided by a number of key principles, such as the need to ensure a fair and impartial process, and the use of procedures compatible with and responsive to the needs and realities of international commerce.   

6. And track selection is just the beginning. Judges are docketed to cases and are responsible for case management from commencement to conclusion. Case management conferences are held on a regular basis to facilitate the efficient resolution of disputes. Before a conference, parties are required to prepare and file case management bundles. These bundles serve as checklists that require parties to address their minds to every facet of their case – from interlocutory applications, to issues of foreign law and alternative dispute resolution. The checklists therefore serve to provide the judge with visibility over potential issues or problems, so that proactive steps can be taken to identify and address them.

7.  The points that I have outlined have become essential features of the SICC model, but the model is one that continues to evolve to meet the changing needs and expectations of parties in international commercial dispute resolution. In 2021,  for example, the SICC established a Technology, Infrastructure and Construction List to manage complex and technical disputes. We found that cross-border disputes were becoming more complex, whether in terms of the sheer volume of claims and the multiplicity of parties, or the technical and evidentiary complexity of the claim. To address these challenges, disputes on the TIC List are managed by specialist Judges with specialised case management powers. For instance, a party intending to adduce expert evidence is required to seek the Court’s permission to do so at the earliest opportunity. The Court has powers to direct opposing experts to produce joint reports that specify areas of agreement or disagreement, and to convene case conferences directly with the experts.

8.  I would conclude by observing that through procedural innovation, international commercial courts hold much promise for the future of international commercial dispute resolution. The ICEC is an excellent illustration of such innovation,  as is the role that its members play in mediating cases and providing advisory opinions. Once again, it is my privilege to be re-appointed to the ICEC. I look forward to meeting everyone in person in the near future, and in the meantime, I wish all of you a fruitful and most engaging seminar ahead.

9.  Thank you very much.

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.