Singapore legislation

Clause 6

of Singapore International Commercial Court (International Committee) Bill

Clause 6

Minister may give effect to arrangements for civil appeals to Singapore

(1)

If arrangements are made between Singapore and a foreign jurisdiction for appeals to lie to Singapore from all or any class of civil judgments by a court of that foreign jurisdiction, the Minister may make jurisdiction regulations —

(a)

to designate the Committee as the body to hear those appeals and any related proceedings (including proceedings for incidental directions and interim orders); and

(b)

generally to give full effect to those arrangements.

(2)

Without limiting subsection (1), the jurisdiction regulations may —

(a)

provide for the appointment of ad hoc members of the Committee, being judges of a foreign jurisdiction from which an appeal lies to the Committee;

(b)

provide for the composition of the Committee in any of its proceedings;

(c)

provide for the powers of the Committee in disposing of an appeal or any related proceedings;

(d)

provide for the Committee to take notice of a foreign law;

(e)

provide for the Committee to exercise the powers conferred upon it by a foreign law;

(f)

provide for the Committee to apply foreign law;

(g)

provide that the Committee is not bound by the law of Singapore relating to evidence, and provide for the rules of evidence to be applied by the Committee;

(h)

provide that the Committee is not bound by Singapore’s rules of private international law, and provide for the rules of private international law to be applied by the Committee;

(i)

provide for the Committee to determine a question of foreign law on the basis of submissions instead of evidence;

(j)

provide for the Committee to have power to stay the enforcement or execution of a judgment of a foreign court, and to make other interim orders, while the judgment is under appeal to the Committee;

(k)

provide for the Committee to have power to order costs;

(l)

provide for the manner by which business is conducted between the Committee and a foreign court;

(m)

instead of providing for any matter, refer to any provision made or to be made for that matter by the rules or by a foreign law; and

(n)

make different provisions for different purposes.