Singapore legislation

Clause 56

of Courts (Civil and Criminal Justice) Reform Bill

Clause 56

Amendment of section 18D

(1)

Section 18D of the Supreme Court of Judicature Act is amended —

(a)

by deleting subsection (2) and substituting the following subsection:“(2) Without limiting subsection (1), the Singapore International Commercial Court (being a division of the General Division) has jurisdiction —

(a)

to hear any proceedings relating to international commercial arbitration that the General Division may hear and that satisfy such conditions as the Rules of Court may prescribe; and

(b)

to hear any application —

(i)

that seeks relief for the purposes of proceedings in the Singapore International Commercial Court;

(ii)

that is made before the commencement of such proceedings; and

(iii)

that satisfies such conditions as the Rules of Court may prescribe.”; and

(b)

by inserting, immediately after subsection (2), the following subsections:“(3) Where the Singapore International Commercial Court has and exercises jurisdiction under subsection (1) in respect of any action, such jurisdiction includes —

(a)

the jurisdiction to hear and try the action upon the joinder of any additional party, if the action continues to maintain an international and commercial character, even if the claim by or against the additional party is not international and commercial in nature;

(b)

the jurisdiction to hear and try a counterclaim brought in, and that remains part of, that action, if the action and counterclaim taken as a whole maintain an international and commercial character, even if the counterclaim is not international and commercial in nature;

(c)

the jurisdiction to hear and try any proceedings (called in this subsection and subsection (4) third party proceedings) brought by a defendant or respondent against any party (called in this subsection and subsection (4) a third party) who is not already a party to the action, if —

(i)

the requirements prescribed in the Rules of Court for the bringing of third party proceedings are satisfied; and

(ii)

the main action and the third party proceedings taken as a whole maintain an international and commercial character, even if the third party proceedings are not international and commercial in nature; and

(d)

the jurisdiction to hear and try any proceedings (called in this subsection and subsection (4) subsequent party proceedings) brought by a third party against any party (called in this subsection and subsection (4) a subsequent party) who is not already a party to the third party proceedings, if —

(i)

the requirements prescribed in the Rules of Court for the bringing of subsequent party proceedings are satisfied; and

(ii)

the main action, the third party proceedings and the subsequent party proceedings taken as a whole maintain an international and commercial character, even if the third party proceedings or the subsequent party proceedings are not international and commercial in nature.(4) Subsection (3)(d) applies, with the appropriate modifications, to any proceedings brought by a subsequent party against any party who is not already a party to the subsequent party proceedings, as if the subsequent party were a third party, and the subsequent party proceedings were third party proceedings.”.

(2)

Section 18D(2) of the Supreme Court of Judicature Act, as amended by subsection (1)(a), is further amended —

(a)

by deleting the word “and” at the end of paragraph (a); and (b)by deleting the full‑stop at the end of paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(c)to hear any proceedings relating to corporate insolvency, restructuring or dissolution under the Insolvency, Restructuring and Dissolution Act 2018, or under the Companies Act as in force immediately before 30 July 2020 —

(i)

that are international and commercial in nature; and

(ii)

that satisfy such conditions as the Rules of Court may prescribe.”.

Read in full context — Courts (Civil and Criminal Justice) Reform Bill →