A Study On Forum Selection In Singapore International Commercial Court

Several amendments including the Supreme Court of Judicature Act and Rules of Court were made to legislation in 2014 to establish a new state court for international commercial cases,the Singapore International Commercial Court(SICC).Embedding into the High Court,SICC has the jurisdiction over the cases that the High Court may hear and try in its original civil jurisdiction if : a)the Claims before SICC need to be,cumulatively,international and commercial in nature;b)jurisdiction agreement has to be in writing,c)the parties do not seek any relief in the form of,or connected with,a prerogative order.This thesis focuses on the forum selection of SICC and its relevant theory and practical matters,especially the jurisdiction over the offshore cases that have no connection to Singapore.Finally,some advices will be given for the reestablishment and improvement of China International Commercial Court(CICC).This thesis contains four chapters as follows.The first chapter is the overview of the forum selection of SICC.It starts from the establishment and development of the forum selection and the different attitudes of various countries all over the world in the different periods.It discusses the key characteristics of the forum selection as well.In addition,it analyses the necessity and the feasibility to establish the forum selection and the legal status of SICC in the judicial system of Singapore.It introduces the legal frame of SICC as well,including the case that SICC may hear and try should be international commercial in nature and its special procedure.Then it traces the latest international conventions concerning forum selection and analyses the positive attitude of Singapore.The second chapter is the theorical study on the jurisdiction over the offshore cases that have no connection to Singapore.It introduces the legal opinion on the offshore case,saying that an action,construed as the heart of the action,has no substantial connection to Singapore.The doctrine of forum non convenience which is one of the mechanisms to look for the most appropriate forum will not be an issue to SICC any longer.The exclusive choice of court agreement in writing designating the High Court is to be construed as including SICC in the Act of Choice of Court Agreements.The pre-action certificate and the independent,the nature and the effective of the choice of court agreements are well discussed in this chapter.Moreover,it also studies the basic theory of the forum selection of the offshore cases.With the rapid development of the international legislation,the doctrine of the party autonomy,deemed as an international consensus,plays great role in inheritance and innovation in Singapore.The third chapter addresses the restrictions of forum selection,which means the cases before SICC shall be heard and tried by the High Court in its original civil jurisdiction.SICC declines to assume the jurisdiction over the cases under the lis alibi pendes rule because of the international comity,which seems that the foreign court may have the jurisdiction over these cases.It is of the view that the doctrine of the lis alibi pendes is far behind of the development of the society and should have not been applied to SICC.Moreover,SICC may exercise the judicial discretion to justify whether there is an exceptional circumstance amount to strong cause.The fourth chapter focuses on the reestablishment of forum selection of CICC.Established as standing judicial bodies of the Supreme People's Court,CICC cannot have the jurisdiction over those cases that have already been assumed by the Specialized Courts and the foreign judicial bodies at all level of People's Courts.The doctrine of the substantial connection between parties or their transaction and the state has set up obstacles for CICC to assume the jurisdiction.It is of the view that CICC is in many respects insular and conservative when compared with SICC.By reference of SICC,special discussions and advices are given to reestablish or improve the legal system of forum selection of CICC.Let's come to the conclusion.SICC is established into the High Court through the amendments of the laws by Singapore parliament and has the jurisdiction over the offshore cases that have no connection to Singapore by the choice of court agreement,covering the shortage of the international commercial arbitration,which showcases that the legal status and the forum selection of SICC meets the necessity of the international commercial market.The party autonomy has been fully respected in the regime of the forum selection of SICC,meeting the internal logic of the commercial transactions.The success of SICC is worth learning from to improve the legal system of forum selection of CICC.