Legal Profession Act 1966 · 2020 Revised Edition · Part 4B · Representation in Singapore International Commercial Court
36P. Registration of foreign lawyer to act in relation to relevant proceedings
Feedback & supportLast amended by an amending law of 2022. 5 amendments in all.
Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted full registration under this section, do all or any of the following:
foreign lawyer
“foreign lawyer” means an individual who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory;
appear and plead —
in any relevant proceedings; or
in any proceedings that are preliminary to any relevant proceedings;
appear and plead in the appellate court —
in any relevant appeal; or
in any proceedings that are preliminary to a relevant appeal;
represent any party to —
any relevant proceedings or relevant appeal in any matter concerning those proceedings or that appeal, as the case may be; or
any proceedings that are preliminary to any relevant proceedings or relevant appeal in any matter concerning those preliminary proceedings;
give advice, prepare documents and provide any other assistance in relation to or arising out of —
any relevant proceedings or relevant appeal; or
any proceedings that are preliminary to any relevant proceedings or relevant appeal.
However, a foreign lawyer granted full registration under this section may not, in any relevant proceedings or relevant appeal, or any proceedings that are preliminary to any relevant proceedings or relevant appeal, prescribed for the purpose of this subsection —
relevant proceedings
“relevant proceedings” means such proceedings in the Singapore International Commercial Court as may be prescribed for the purposes of this definition;
plead any matter without the permission of the Singapore International Commercial Court or the appellate court, as the case may be; or
make a submission on any matter of Singapore law,except as otherwise prescribed.
In considering whether to grant permission under subsection (1A)(a), the Singapore International Commercial Court or the appellate court (as the case may be) may take into account any relevant factor, including the prescribed factors.
Singapore International Commercial Court
“Singapore International Commercial Court” means the division of the General Division of the High Court constituted under section 18A of the Supreme Court of Judicature Act 1969.
Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted restricted registration under this section, do all or any of the following:
appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
appear in the appellate court in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court.
An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.
For the purposes of subsection (3), different qualifications and requirements may be prescribed for a foreign lawyer to be granted full registration under this section, and for a foreign lawyer to be granted restricted registration under this section.
An application for a foreign lawyer to be registered under this section must be —
made to the Registrar in such form and manner as may be prescribed; and
accompanied by such fee, undertakings, documents and information as may be prescribed.
The Registrar may register a foreign lawyer under this section subject to any conditions that the Registrar may think fit to impose in any particular case.
Registrar
“Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar;
A Judge may, of the Judge’s own motion or on the application of any interested party, order that a foreign lawyer have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —
Judge
“Judge” means a Judge sitting in chambers in the General Division of the High Court;
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer fails to comply with any condition imposed under subsection (6);
the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or
the Judge is satisfied that the foreign lawyer should not have been registered under this section.
The Judge, before making an order under subsection (7), is to give the foreign lawyer a reasonable opportunity to be heard by the Judge.
An International Judge may, in the course of any relevant proceedings before the International Judge, of the International Judge’s own motion or on the application of any interested party, order that a foreign lawyer who appears in those proceedings have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer fails to comply with any condition imposed under subsection (6);
the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or
the International Judge is satisfied that the foreign lawyer should not have been registered under this section.
The International Judge, before making an order under subsection (9), is to give the foreign lawyer a reasonable opportunity to be heard by the International Judge.
No appeal lies from —
any order made by a Judge under subsection (7); or
any order made by an International Judge under subsection (9).