Speedier resolution under Singapore International Commercial Court

Speedier resolution under Singapore International Commercial Court

TIC list offers effective resolutions in disputes related to construction and engineering

The Singapore International Commercial Court (SICC) has launched a sector list to speed up resolutions of complex disputes. The Technology, Infrastructure and Construction (TIC) list offers parties including architects, surveyors, accountants and those involved in disputes related to construction and engineering more effective resolutions.

The unveiling of the list comes as the city-state cements its reputation as a global centre for arbitration. Claims relating to computer systems, software and the supply of goods or services for TIC projects shall also be included on the list.

The cases will have access to management features intended to speedily resolve issues that involve numerous contracts signed by multiple parties and voluminous evidence. It includes the exchange of affidavits of evidence-in-chief prior to the disclosure of documents and presentation of the cases using Scott Schedules, which set out each issue to be determined by the court.

Justice Vivian Ramsey, specialist TIC judge and former judge in charge of the Technology and Construction Court (TCC) in London, said he had "seen many complex multi-million dollar project disputes get bogged down for years due to the sheer number of related contracts and parties involved."

Known to be one of the prime movers behind the new list, Ramsey added that the simplified adjudication process protocol meant the parties could "resolve a large number of distinct smaller-value claims pegged to the decision of the court on substantive ones."

The ability to join parties into one hearing coupled with the efficiency and flexibility accorded under the TIC list would save time and cost for all.

However, the criteria for a case to be on the list must have technically complex issues and the nature of the dispute such that trial by a TIC judge is desirable, the court added.

Singapore-based HFW partner Dan Perera described the list as a demonstration of the city-state's commitment to being the region's resolution forum of choice.

"By establishing a specialist list, with the calibre of the judges it has tasked with hearing what are often highly complex, technical and expert-heavy TIC cases, industry participants will undoubtedly have a high degree of confidence in the quality of judgments," he said.

SICC president Justice Quentin Loh is among the judges to hear cases on the TIC list, the launch of which he described as "a milestone for the SICC in the efficient administration of justice with procedural flexibility and fair, impartial and practical processes."

Perera said that Singapore, which has long been a key jurisdiction for hearing infrastructure and construction disputes, will "undoubtedly be a major hub for the resolution of many Belt and Road (B&R) project disputes. With its focus on becoming a leading global technology hub, this development seeks to keep pace with the changing commercial landscape, both in Singapore and the region," he marked.

Singapore, along with London, ranked as the world's favourite arbitration centre in a survey of over 1,200 in-house lawyers, arbitrators and practitioners.