Page 20 - SINGAPORE: Gateway to Dispute Resolution

AN OVERVIEW OF SINGAPORE LAW
The Origins of Singapore’s Commercial Law
The Singapore legal system is based on English law, and there is a high degree of harmonisation between the two legal systems especially in civil and commercial matters. The historical legacy survives today in the form of reciprocal enforcement legislation which allows judgments obtained in the superior courts of Singapore1 to be enforced through registration in the United Kingdom, as well as many former British colonies.
The Application of English Law Act (AELA) (Cap. 7A) was passed in 1993 and clarifies the extent of the application of English law, particularly English statutes, as part of the law of Singapore. The AELA contains a list of English statutes which apply in Singapore.
The AELA also provides that after 12th November 1993, English common law (that is, the law found in English court decisions) only continues to have force in Singapore so far as it is applicable to the circumstances of Singapore and subject to such modifications as those circumstances may require.
As a result, modern English judicial decisions on matters of commercial law continue to be relevant but are not binding in the Singapore courts. Generally, the common law in Singapore in matters of commercial law remains broadly the same as that of England.
Commercial Disputes and Singapore’s Court System
Judicial power vests in the Supreme Court
The Constitution of the Republic of Singapore vests the judicial power in Singapore in the Supreme Court and in such State Courts as may be provided for by any written law. The Supreme Court, headed by the Honourable the Chief Justice, consists of the Court of Appeal and the High Court. The Court of Appeal is the apex court in Singapore.
Court structure
Civil claims in Singapore are first heard either in the High Court (if the claim amount exceeds $250,000) or the State Courts (for claims below $250,000). Appeals from the State Courts are heard by the High Court and appeals from the High Court are heard by the Court of Appeal.
The Singapore International Commercial Court (SICC)
The SICC was established in 2015 as a division of the High Court to cater specifically to the litigation needs of international parties, whatever the law governing the dispute. Generally, the SICC has jurisdiction to hear a claim if the action is of an international and commercial nature and the parties have submitted to SICC’s jurisdiction under a written jurisdiction agreement.
Disputes before the SICC are heard by judges drawn from a distinguished and diverse panel of eminent local and international jurists. Parties before the SICC are not limited to appointing Singapore lawyers but are free to instruct foreign counsel to represent them in cases with no substantial connection with Singapore. More information about the SICC may be obtained at www.sicc.gov.sg.
Alternative Dispute Resolution (ADR)
Singapore offers a comprehensive suite of alternative forms of dispute resolution and is a recognised world-leader in international commercial arbitration and mediation services. More information on ADR and dispute resolution in Singapore generally, may be obtained at www.singaporelaw.sg/sglaw.
AN OVERVIEW OF SINGAPORE SICC MAXWELL MEDIATION SCMA SIAC ARBITRATION SINGAPORE SINGAPORE LAW LAW CHAMBERS