Singapore legislation

Regulation 4

of Singapore International Commercial Court Rules 2021

Regulation 4

Definitions (O. 1, r. 4)

Amended byS 779/2023 wef 01/12/2023S 754/2022 wef 01/10/2022

In these Rules, unless the context otherwise requires —“action” means an action mentioned in section 18D(1) of the Supreme Court of Judicature Act and, where the context requires, includes any proceedings mentioned in section 18D(2), (3) and (4) of that Act;“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;“Civil Procedure Convention” means any of the conventions set out in Appendix B and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the court;“claimant” includes a party in the position of a claimant in a counterclaim;“contempt of court” means contempt of court under the Administration of Justice (Protection) Act 2016 and includes, subject to section 8 of that Act, contempt of court under the common law;“corporation” has the meaning given by section 4(1) of the Companies Act;“counsel” means —

(a)

an advocate and solicitor;

(b)

a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act; or

(c)

a full registration foreign lawyer;“Court” means the Singapore International Commercial Court, or a judge thereof, whether sitting in open court or in chambers, and includes a judge sitting in the Court of Appeal or the Court of Appeal where appropriate, and in cases where he or she is empowered to act, a Registrar, but this provision does not affect any Rules which define or regulate the jurisdiction of the Registrar;“defendant” includes a party in the position of a defendant in a counterclaim;“domestic Rules of Court” means the Rules of Court, including practice directions issued by the Registrar under the Rules of Court, which are applicable to relevant proceedings in the High Court, the General Division or the Court of Appeal arising therefrom, as the case may be;“entity” means any body of persons, whether incorporated or unincorporated;“expert” has the meaning given by Order 14, Rule 1(1);“foreign lawyer” has the meaning given by section 2(1) of the Legal Profession Act;“Form” means a form prescribed under these Rules;“full registration foreign lawyer” means a registered foreign lawyer who is granted full registration under section 36P of the Legal Profession Act;“General Division” and “High Court”, in these Rules (other than in Order 2, Rule 2(1) and (2)), do not include the Singapore International Commercial Court;“Judge” means a judge sitting in the Singapore International Commercial Court, and includes, in cases where he or she is empowered to act, a Registrar;“law expert” has the meaning given by section 36O(1) of the Legal Profession Act;“non‑court day” means a Saturday, Sunday or public holiday in Singapore;“non‑party” means any person who is not a party in the action and includes a person who participates in it because of a statutory duty or because he or she may be affected by the Court’s decision in the action;“memorial” includes a Memorial, Counter‑Memorial, Reply Memorial and Rejoinder Memorial as contemplated in Order 8;“offshore case” has the meaning given by Order 3, Rule 3;“offshore case declaration” means a declaration made under Order 3, Rule 5 that a case is an offshore case;“ordinary service” means service effected in accordance with Order 5, Rule 3;“personal service” means service effected in accordance with Order 5, Rule 2;“place of business” has the meaning given by —

(a)

Order 23A, Rule 1, in the case of any proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature; or

(b)

Order 2, Rule 1(4), in any other case;“pleading” includes the Statement of Claim, Defence, Defence and Counterclaim, Reply, Reply to Defence and Counterclaim, further and better particulars, and any further pleading filed under Order 6, Rule 8;“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Legal Profession Act;“registered law expert” means a law expert registered under section 36PA of the Legal Profession Act;“Registrar” has the meaning given by section 2 of the Supreme Court of Judicature Act;“restricted registration foreign lawyer” means a registered foreign lawyer who is granted restricted registration under section 36P of the Legal Profession Act;“sign” and “seal” by a Judge, Registrar or any other officer of the Supreme Court include signing and sealing by electronic or other means;“summons” means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties;“summons without notice” means an application to the Court in relation to an action or appeal which does not need to be served on any other party or non‑party;“Supreme Court” has the meaning given by section 2(1) of the Interpretation Act;“third party” means a party brought into the action by the defendant pursuant to Order 10, Rule 10, and “subsequent party” and further parties have similar meanings;“third-party funding contract” means a third‑party funding contract (as defined in section 5B of the Civil Law Act) entered into on or after 28 June 2021;“Third‑Party Funder” means a Third‑Party Funder (as defined in section 5B of the Civil Law Act) under a contract mentioned in the definition of “third‑party funding contract”;“witness statement” means a written statement signed by a person which contains the evidence which that person would have otherwise given orally;“working day” means any day other than a non‑court day in Singapore;“written jurisdiction agreement” has the meaning given by Order 2, Rule 1(7);“written law” has the meaning given by section 2(1) of the Interpretation Act.

Definition

“action” means an action mentioned in section 18D(1) of the Supreme Court of Judicature Act and, where the context requires, includes any proceedings mentioned in section 18D(2), (3) and (4) of that Act;

Definition

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

Definition

“Civil Procedure Convention” means any of the conventions set out in Appendix B and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the court;

Amended byS 779/2023 wef 01/12/2023

Definition

“claimant” includes a party in the position of a claimant in a counterclaim;

Definition

“contempt of court” means contempt of court under the Administration of Justice (Protection) Act 2016 and includes, subject to section 8 of that Act, contempt of court under the common law;

Definition

“corporation” has the meaning given by section 4(1) of the Companies Act;

Definition

“counsel” means —

(a)

an advocate and solicitor;

(b)

a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act; or

(c)

a full registration foreign lawyer;

Definition

“Court” means the Singapore International Commercial Court, or a judge thereof, whether sitting in open court or in chambers, and includes a judge sitting in the Court of Appeal or the Court of Appeal where appropriate, and in cases where he or she is empowered to act, a Registrar, but this provision does not affect any Rules which define or regulate the jurisdiction of the Registrar;

Definition

“defendant” includes a party in the position of a defendant in a counterclaim;

Definition

“domestic Rules of Court” means the Rules of Court, including practice directions issued by the Registrar under the Rules of Court, which are applicable to relevant proceedings in the High Court, the General Division or the Court of Appeal arising therefrom, as the case may be;

Definition

“entity” means any body of persons, whether incorporated or unincorporated;

Definition

“expert” has the meaning given by Order 14, Rule 1(1);

Definition

“foreign lawyer” has the meaning given by section 2(1) of the Legal Profession Act;

Definition

“Form” means a form prescribed under these Rules;

Definition

“full registration foreign lawyer” means a registered foreign lawyer who is granted full registration under section 36P of the Legal Profession Act;

Definition

“General Division” and “High Court”, in these Rules (other than in Order 2, Rule 2(1) and (2)), do not include the Singapore International Commercial Court;

Definition

“Judge” means a judge sitting in the Singapore International Commercial Court, and includes, in cases where he or she is empowered to act, a Registrar;

Definition

“law expert” has the meaning given by section 36O(1) of the Legal Profession Act;

Definition

“non‑court day” means a Saturday, Sunday or public holiday in Singapore;

Definition

“non‑party” means any person who is not a party in the action and includes a person who participates in it because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

Definition

“memorial” includes a Memorial, Counter‑Memorial, Reply Memorial and Rejoinder Memorial as contemplated in Order 8;

Definition

“offshore case” has the meaning given by Order 3, Rule 3;

Definition

“offshore case declaration” means a declaration made under Order 3, Rule 5 that a case is an offshore case;

Definition

“ordinary service” means service effected in accordance with Order 5, Rule 3;

Definition

“personal service” means service effected in accordance with Order 5, Rule 2;

Definition

“place of business” has the meaning given by —

(a)

Order 23A, Rule 1, in the case of any proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature; or

(b)

Order 2, Rule 1(4), in any other case;

Amended byS 754/2022 wef 01/10/2022

Definition

“pleading” includes the Statement of Claim, Defence, Defence and Counterclaim, Reply, Reply to Defence and Counterclaim, further and better particulars, and any further pleading filed under Order 6, Rule 8;

Definition

“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Legal Profession Act;

Definition

“registered law expert” means a law expert registered under section 36PA of the Legal Profession Act;

Definition

“Registrar” has the meaning given by section 2 of the Supreme Court of Judicature Act;

Definition

“restricted registration foreign lawyer” means a registered foreign lawyer who is granted restricted registration under section 36P of the Legal Profession Act;

Definition

“sign” and “seal” by a Judge, Registrar or any other officer of the Supreme Court include signing and sealing by electronic or other means;

Definition

“summons” means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties;

Definition

“summons without notice” means an application to the Court in relation to an action or appeal which does not need to be served on any other party or non‑party;

Definition

“Supreme Court” has the meaning given by section 2(1) of the Interpretation Act;

Definition

“third party” means a party brought into the action by the defendant pursuant to Order 10, Rule 10, and “subsequent party” and further parties have similar meanings;

Definition

“third-party funding contract” means a third‑party funding contract (as defined in section 5B of the Civil Law Act) entered into on or after 28 June 2021;

Definition

“Third‑Party Funder” means a Third‑Party Funder (as defined in section 5B of the Civil Law Act) under a contract mentioned in the definition of “third‑party funding contract”;

Definition

“witness statement” means a written statement signed by a person which contains the evidence which that person would have otherwise given orally;

Definition

“working day” means any day other than a non‑court day in Singapore;

Definition

“written jurisdiction agreement” has the meaning given by Order 2, Rule 1(7);

Definition

“written law” has the meaning given by section 2(1) of the Interpretation Act.