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COMPARING THE INTERNATIONAL COMMERCIAL COURTS OF CHINA WITH THE SINGAPORE INTERNATIONAL COMMERCIAL COURT

Published online by Cambridge University Press:  19 September 2019

Zhengxin Huo  and
Man Yip
Zhengxin Huo
Affiliation:
Qian Duansheng Scholars Distinguished Professor, China University of Political Science and Law, [email protected].
Man Yip
Affiliation:
Associate Professor, Singapore Management University, School of Law, [email protected].
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Abstract

The article critically reviews the litigation framework of the Chinese International Commercial Court (‘CICC’) using a comparative approach, taking as a benchmark the Singapore International Commercial Court (‘SICC’)—another Asian international commercial court situated within the Belt and Road Initiative (‘BRI’) geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained by the differences in objectives. Whereas the SICC was created to compete for international judicial business and bolster Singapore as a leading dispute resolution hub, the CICC is presently designed to provide a legal safeguard in BRI disputes with Chinese elements. This article also identifies major challenges confronting the CICC and sets out proposals for change.

Keywords

private international lawinternational commercial courtsBelt and Road InitiativeChinaSingaporecomparative lawdispute resolution
Type
Articles
Information
International & Comparative Law Quarterly , Volume 68 , Issue 4 , October 2019 , pp. 903 - 942
Copyright
Copyright © The Authors (2019). Published by Cambridge University Press for the British Institute of International and Comparative Law 

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Footnotes

We would like to thank Professor David Llewelyn for his helpful comments on our earlier drafts.

References

1 X Mu, ‘China Inaugurates Two Int'l Commercial Courts’ (Xinhua Net, 29 June 2018) <http://www.xinhuanet.com/english/2018-06/29/c_137290628.htm>.

2 See Y Zhang, ‘Institutional Innovation of China's International Commercial Courts’ (China Court Net, 14 July 2018) <https://www.chinacourt.org/article/detail/2018/07/id/3393157.shtml>.

3 Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court (Court Explanation No 11 of 2018) (promulgated by the Supreme People's Court, 27 June 2018; effective as on 1 July 2018) <http://www.court.gov.cn/zixun-xiangqing-104602.html>.

4 Bulletin of the Supreme People's Court on the Appointment of the Judges of the International Commercial Court (SPC Order No 168 of 2018) (promulgated by the Supreme People's Court, 28 June 2018) <http://www.pkulaw.cn/fulltext_form.aspx?Db=chl&gid=320334>.

5 Bulletin of the Supreme People's Court on the Appointment of the Judges of the International Commercial Court (SPC Order No 225 of 2018) (promulgated by the Supreme People's Court, 24 August 2018) <https://pkulaw.cn/fulltext_form.aspx?Gid=320676&Db=chl>. See also ‘The Decision on Appointment of the First Group of Members for the International Commercial Expert Committee’ (China International Commercial Court, 24 August 2018) <http://cicc.court.gov.cn/html/1/219/235/245/index.html>.

6 These documents include: ‘Procedural Rules for the CICC (For Trial Implementation)’, ‘Working Rules of the International Commercial Expert Committee of the SPC (For trial implementation)’, ‘Notice of the Supreme People's Court on Inclusion of the First Group of International Commercial Arbitration and Mediation Institutions in the One-stop Diversified International Commercial Dispute Resolution Mechanism’ <http://cicc.court.gov.cn/html/1/219/208/210/index.html>.

7 The Second Group of Judges of the China International Commercial Court were Appointed by the Supreme People's Court <http://cicc.court.gov.cn/html/1/219/208/210/1134.html>.

8 The China International Commercial Court of the Supreme People's Court of China has accepted a Number of Cases concerning International Commercial Disputes <http://cicc.court.gov.cn/html/1/219/208/210/1152.html>.

9 See Horigan, DP, ‘From Abu Dhabi to Singapore: The Rise of International Commercial Courts’ (2015) 3 International Journal of Humanities and Management Sciences 78Google Scholar; Steel, W, ‘Judicial Specialization in a Generalist Jurisdiction: Is Commercial Specialization within the High Court Justified’ (2015) 46 Victoria University of Wellington Law Review 307Google Scholar; G Antonopoulou and E Themeli, ‘The Domino Effect of International Commercial Courts in Europe – Who's Next?’ (Conflict of Laws.net, 20 February 2018) <http://conflictoflaws.net/2018/the-domino-effect-of-international-commercial-courts-in-europe-whos-next/>.

10 See, eg, W Sun, ‘International Commercial Court in China: Innovations, Misunderstandings and Clarifications’ (Kluwer Arbitration Blog, 4 July 2018) <http://arbitrationblog.kluwerarbitration.com/2018/07/04/international-commercial-court-china-innovations-misunderstandings-clarifications/>; ‘With An Eye on Belt and Road Disputes, China Establishes New International Commercial Courts’ (Herbert Smith Freehills, 4 July 2018) <https://www.herbertsmithfreehills.com/latest-thinking/with-an-eye-on-belt-and-road-disputes-china-establishes-new-international-commercial>.

11 For example, the arbitration centres and mediation centres.

12 Editorial of People's Court Daily, ‘Providing Service for the Belt & Road Initiative, Demonstrating China's Judicial Civilization’ (China Court Net, 29 June 2018) <https://www.chinacourt.org/article/detail/2018/06/id/3375859.shtml>.

13 Li, Z, ‘Socialism with Chinese Characteristics Has Entered a New Era: A Comprehensive Analysis’ (2018) 10 QiuShi Journal 102Google Scholar <http://english.qstheory.cn/2018-02/11/c_1122395888.htm>.

14 See Y Zhao, ‘“Chinese Dream” is Xi's Vision’ (China Daily, March 2013) <http://www.chinadaily.com.cn/china/2013npc/2013-03/18/content_16315025.htm>.

15 Lim, TW, ‘Introduction’ in Lim et al. (eds), China's One Belt One Road Initiative (Imperial College 2016) 3Google Scholar.

16 See, eg, D Bulloch, ‘After A Brief Silence, Skeptics of China's Belt and Road Initiative Are Speaking Up Again’ (Forbes, 18 April 2018) <https://www.forbes.com/sites/douglasbulloch/2018/04/18/china-belt-road-initiative-obor-silk-road/#3a3107954daa>. cf AA Cumba & KJ Yao, ‘Commentary: China's Belt and Road Initiative is Paved With Risks, Red Herrings and Rent-Seeking Behaviour’ (Channel NewsAsia, 8 July 2018) <https://www.channelnewsasia.com/news/commentary/china-belt-road-initiative-risk-red-herring-rent-seeking-10475036>; L Lim, ‘Growing Doubts over China's Belt and Road Projects in Southeast Asia’ (Channel Newsasia, 13 August 2018) <https://www.channelnewsasia.com/news/asia/belt-and-road-growing-doubts-projects-southeast-asia-10612242>.

17 See ‘Corruption Perceptions Index 2017’, (Transparency International, 21 February 2018), <https://www.transparency.org/news/feature/corruption_perceptions_index_2017>.

18 The increase in commercial dealings between parties from different jurisdictions will give rise to complex private international law issues: see generally Sooksripaisarnkit, P and Garimella, S Ramani (eds), China's One Belt One Road Initiative and Private International Law (Routledge 2018)Google Scholar.

19 ‘Communiqué of the 18th Central CPC held the Fourth Plenary Session’ (People's Daily Online, 23 October 2014) <http://cpc.people.com.cn/n/2014/1023/c64094-25896724.html>.

20 The Central Leading Group for Comprehensively Continuing Reform was established at the 3rd Plenary Session of the 18th Central Committee in November 2013. In March 2018, the leading group was converted into a committee—the Central Comprehensively Deepening Reforms Commission. See ‘CPC Releases Plan on Deepening Reform of Party and State Institutions’ (Xinhua Net, 21 March 2018) <http://www.xinhuanet.com/english/2018-03/21/c_137055471.htm>.

21 ‘Opinion Concerning the Establishment of the Belt and Road International Commercial Dispute Resolution Mechanism and Institutions issued by the General Office of the Communist Party Central Committee and the General Office of the State Council’ (Xinhua Net, 27 June 2018) <http://www.xinhuanet.com/2018-06/27/c_1123046194.htm>.

22 ‘Report on the Work of the Supreme People's Court’ (Xinhua Net, 10 March 2018) <http://www.xinhuanet.com/politics/2018-03/10/c_1122514997.htm>.

23 For the SICC, see discussion below at Part IV. The DIFCC was created through a synthesis of Federal and Dubai laws, see: ‘Legal Framework’, DIFC Courts <https://www.difccourts.ae/about-courts/legal-framework/>. The Netherlands Commercial Court is to be introduced by the forthcoming Netherlands Commercial Court Act, see: ‘A First Guide to Commercial Litigation in the Netherlands’ <https://netherlands-commercial-court.com/>.

24 Law of the People's Republic of China on the Organization of the People's Courts (2006 Amendment) (promulgated by the Standing Committee of National People's Congress, 31 October 2006) art 32 <http://www.lawinfochina.com/display.aspx?lib=law&id=5623&CGid> [LOPC]; Chen, AH, An Introduction to the Legal System of the People's Republic of China (3rd edn, LexisNexis 2004) 124–6Google Scholar.

25 Yuan, M, ‘A Commentary on the Legitimacy of Judicial Interpretation of the SPC’ (2003) 20 Studies in Law & Business 3Google Scholar.

26 See Huo, Z, ‘Two Steps Forward, One Step Back: A Commentary on the Judicial Interpretation on the Private International Law Act of China’ (2013) 43 HKLJ 685, 710Google Scholar.

27 Li, W, ‘Judicial Interpretation in China’ (1997) 5 Willamette Journal of International Law & Dispute Resolution 87, 104Google Scholar.

28 Huo (n 26) 710.

29 ibid 711.

30 See Legislation Law of the People's Republic of China (2015 Amendment)] (promulgated by the Standing Committee of the National People's Congress, 15 March 2015, effective on 15 March 2015) arts 40 and 41 <http://lawinfochina.com/display.aspx?id=19023&lib=law&EncodingName=big5>.

31 The SICC Committee Report was published in November 2013.

32 M Yip, ‘The Singapore International Commercial Court – The Future of Litigation?’ (2019) Erasmus Law Review (forthcoming).

33 Z Hamzah, ‘Positioning Singapore as Asia's Legal Capital’ (The Straits Times, 16 January 2015) <https://www.straitstimes.com/opinion/positioning-singapore-as-asias-legal-capital>. It was also reported that the growth rate of Singapore's legal sector outstripped that of the overall economy.

34 See ‘SIAC Announces Record Case Numbers for 2015’ (Singapore International Arbitration Centre, 25 February 2016) <http://www.siac.org.sg/images/stories/press_release/SIAC%20Announces%20Record%20Case%20Numbers%20for%202015_25%20February%202016.pdf>.

35 S Menon, ‘International Commercial Courts: Towards a Transnational System of Dispute Resolution’ (19 January 2015) <https://www.supremecourt.gov.sg/docs/default-source/default-document-library/media-room/opening-lecture---difc-lecture-series-2015.pdf>.

36 Report of the Singapore International Commercial Court Committee (Ministry of Law, 29 November 2013) <https://www.mlaw.gov.sg/content/dam/minlaw/corp/News/Annex%20A%20-%20SICC%20Committee%20Report.pdf> [The SICC Committee Report].

37 ibid.

38 The Singapore Court of Appeal has on various occasions declined to follow recent English developments on the basis that the latter introduce uncertainty. These departures may be viewed as efforts to make Singapore law more attractive than English law as the governing law of commercial transactions. If Singapore law is the governing law of the contract, parties will likely choose to resolve their disputes in Singapore.

39 See ‘Legislative Changes Tabled to Establish the Singapore International Commercial Court and to Update the Regulatory Framework for the Legal Profession’ (Ministry of Law, 7 October 2014) <https://www.mlaw.gov.sg/content/minlaw/en/news/press-releases/SICC-and-legal-profession-regulatory-framework-update.html>.

40 Supreme Court of Judicature Act (Cap 322, 2007) section 18A [SCJA].

41 ibid sections 18B–18M.

42 R5, 2014.

43 Judicial Interpretation on CICC (n 3) arts 1 and 2.

44 Civil Procedure Law (2017 Amendment) (adopted by the Standing Committee of National People’s Congress, 27 June 2017; effective on 1 July 2013) arts 17–20 <http://lawinfochina.com/display.aspx?id=23601&lib=law&SearchKeyword=Civil%20Procedure%20Law&SearchCKeyword=>[CPL].

45 ibid arts 17, 18 and 19.

46 ibid art 20.

47 See, eg, Provisions of the Supreme People's Court on Some Issues Concerning the Jurisdiction of Civil and Commercial Cases Involving Foreign Elements (Court Explanation No 5 (2002) of the Interpretations of the SPC) (adopted by the Supreme People's Court, 25 February 2002; effective on 1 March 2002) <http://www.lawinfochina.com/display.aspx?lib=law&id=2295&CGid=>.

48 Notification of the Supreme People's Court on Clarifying the Standards of Tier Jurisdiction over First Instance Foreign-related Civil and Commercial Cases (SPC Order No. 359 of 2017) (adopted by the Supreme People's Court, 7 December 2017; effective on 1 March 2018) <https://www.pkulaw.cn/fulltext_form.aspx?Gid=320460&Db=chl>.

49 Typically, these would be Chinese litigants.

50 To be clear, ‘place’ under art 34 of CPL in an international context means ‘country’.

51 CPL (n 44) art 38.

52 Tang, Z et al. , Conflict of Laws in the People's Republic of China (Edward Elgar 2016) 53Google Scholar.

53 Judicial Interpretation on CICC (n 3) art 3.

54 Huo (n 26) 692.

55 Interpretation I of the Supreme People's Court on Issues Concerning the Application of the Law on Choice of Law for Foreign-Related Civil Relationships (SPC Interpretation No 24 of 2012) (promulgated by the Supreme People's Court, 28 December 2012; effective on 7 January 2013) art 1 <http://en.pkulaw.cn/Display.aspx?lib=law&Cgid=192329> [Judicial Interpretation I]; Judicial Interpretation by the Supreme People's Court on the Civil Procedure Law of the People's Republic of China (SPC Interpretation No. 5 of 2015) (adopted by the Supreme People's Court, 18 December 2014; effective on 4 February 2015) art 522 <http://en.pkulaw.cn/Display.aspx?lib=law&Cgid=242703> [Judicial Interpretation on CPL].

56 Huo (n 26) 693.

57 These two companies are the legal persons of mainland China, as Chinese law applies the criterion of the place of incorporation (registration) to determine the nationality of a legal person. Company Law of the People's Republic of China (2013 Amendment)] (adopted by the Standing Committee of National People's Congress, 28 December 2012; effective on 1 January 2013) arts 2 and 191 <http://en.pkulaw.cn/Display.aspx?lib=law&Cgid=183386>.

58 Law on Choice of Law for Foreign-Related Civil Relationships (adopted by the Standing Committee of National People's Congress, 28 October 2010; effective 1 April 2011), art 14 < http://www.npc.gov.cn/wxzl/gongbao/2010-12/09/content_1614035.htm> [Private International Law Act].

59 ‘The State Council Information Office held a press conference on the Opinion on the Establishment of “The Belt and Road” International Commercial Dispute Settlement Mechanism and Institutions’ (China International Commercial Court, 28 June 2018) <http://cicc.court.gov.cn/html/1/219/208/210/769.html>.

60 For a general understanding of the term ‘commercial’ under Chinese law, one may seek further guidance from a judicial interpretation document implementing the New York Convention. Decision on China Joining the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Court Issuance No 5 of 1987) (adopted by the Standing Committee of National People's Congress, 2 December 1986; effective on 22 April 1987) <http://en.pkulaw.cn/display.aspx?cgid=b96476088a462bafbdfb&lib=law>.

61 See, eg, Yip, M, ‘Special Reports – Singapore International Commercial Court: A New Model for Transnational Commercial Litigation’ (2015) 32 Chinese (Taiwan) Yearbook of International Law and Affairs 155Google Scholar; Yip, M, ‘The Resolution of Disputes before the Singapore International Commercial Court’ (2016) 65 ICLQ 439Google Scholar; Chong, A and Yip, M, ‘Singapore as the Centre for International Commercial Litigation: Party Autonomy to the Fore’ (2019) 15 JPIL 97Google Scholar.

62 See also Rules of Court, Order 110, rule 7.

63 Rules of Court, Order 110, rule 7.

64 Rules of Court, Order 110, rule 12.

65 Rules of Court, Order 110, rule 7(2)(b).

66 ‘Second Reading Speech by Ms Indranee Rajah, Senior Minister of State for Law and Finance, on Supreme Court of Judicature (Amendment) Bill’ <https://www.mlaw.gov.sg/content/minlaw/en/news/parliamentary-speeches-and-responses/second-reading-speech-supreme-court-of-judicature-bill.html>.

67 Rules of Court, Order 110,

68 Cap 143A, Rev Ed 2002. These applications include stay of proceedings, interim measures, challenges to arbitrators, challenges to awards, recognition and enforcement of awards, appeals on ruling of jurisdiction and subpoenas

69 Rules of Court, Order 110, rule 58.

70 Rules of Court, Order 110, rule 8.

71 Rules of Court, Order 110, rule 8(3) provides that the SICC shall have regard to the ‘international and commercial character’ of the dispute in exercising its discretion.

72 Rules of Court, Order 110, rule 8(2).

73 Singapore law applies the forum non conveniens principles set out in the English case of Spiliada Maritime Corp v Cansulex, Ltd [1987] AC 460. For a comparison of the SICC regime and the traditional Singapore High Court regime, see Yip, ‘The Resolution of Disputes before the Singapore International Commercial Court’ (n 61) 440–4.

74 Rules of Court, Order 110, rule 1(1). An ‘offshore case’ does not include proceedings under the IAA commenced by way of originating process and an action in rem under the High Court (Admiralty Jurisdiction) Act (Cap 123). See further Rules of Court, Order 110, rule 1(2)(f) which defines a case as having no substantial connection to Singapore to mean where Singapore law is not the applicable law of the dispute and the subject matter of the dispute is not subject to Singapore law; or the only connections of the dispute to Singapore are the parties’ choice of Signapore law as the applicable law and submission to the SICC's jurisdiction.

75 SCJA, sections 18F(1)(a), 18F(2).

76 Rules of Court, Order 110, rule 1(2)(ca). However, a submission to the SICC will not be construed as including a submission to the High Court (see Order 110, rule 1(2)(d)).

77 See also HCCCA, art 8(5); and Chong and Yip (n 61).

78 See Rules of Court, Order 110, rules 1(2)(ca), 12(4A)–(4B).

79 For a non-exhaustive list of commercial relationships, see Rules of Court Order 110, Rule rule 1(2)(b)(i).

80 The Qatar Financial Centre Courts and the Dubai International Financial Centre Courts, see Sharar, Z Al Abdin and Khulaifi, M Al, ‘The Courts in Qatar Financial Centre and Dubai International Financial Centre: A Comparative Analysis’ (2016) 46 HKLJ 529, 545Google Scholar; the Netherlands Commercial Court, see ‘Jurisdiction Of The Netherlands Commercial Court’ (Netherlands Commercial Court) <https://netherlands-commercial-court.com/jurisdiction-netherlands.html>.

81 See K Schultz, ‘Sri Lanka, Struggling in Debt, Hands a Major Port to China’ (New York Times, 12 December 2017) <https://www.nytimes.com/2017/12/12/world/asia/sri-lanka-china-port.html>.

82 HCCCA, arts 5(3) and 8(5).

83 See Southwell, R, ‘A Specialist Commercial Court in Singapore’ (1995) 2 Singapore Academy of Law Journal 274, 275Google Scholar.

84 Judicial Interpretation on CICC (n 3) art 4.

85 See the CVs of the CICC judges: <http://cicc.court.gov.cn/html/1/219/index.html>. See also Cai, W and Godwin, A, ‘Challenges and Opportunities for the China International Commercial Court’ (2019) 68 ICLQ Section IIIGoogle Scholar.

86 CPL (n 44) art 11.

87 LOPC (n 24) art 6.

88 However, some Chinese scholars argue that English language can be used in CICC proceedings through art 4 and 9. See, eg, Shi, J and Dong, N, ‘The Core Issues of China International Commercial Court’ (2019) 3, Journal of Xi’an Jiaotong University (Social Science) 116, 121Google Scholar.

89 Chief Justice Sundaresh Menon, ‘International Commercial Courts: Towards a Transnational System of Dispute Resolution’ (Dubai International Financial Centre Courts Lecture Series 2015), Supreme Court of Singapore (19 January 2015) <https://www.supremecourt.gov.sg/docs/default-source/default-document-library/media-room/opening-lecture---difc-lecture-series-2015.pdf>.

90 Wong, DH, ‘The Rise of the International Commercial Court: What Is It and Will It Work?’ (2014) 33 CJQ 205, 217Google Scholar.

91 LOPC (n 24) art 33; Judges Law of the People's Republic of China (2017 Amendment) (adopted by the Standing Committee of National People's Congress, 1 September 2017; effective on 1 January 2018), art 9 <http://en.pkulaw.cn/display.aspx?cgid=301387&lib=law&EncodingName=big5>.

92 See (n 59).

93 See also ‘The Decision on Appointment of the First Group of Members for the International Commercial Expert Committee’ (China International Commercial Court, 24 August 2018) <http://cicc.court.gov.cn/html/1/219/235/245/index.html>.

94 For the experts’ profiles, see <http://cicc.court.gov.cn/html/1//219/235/237/index.html>.

95 Working Rules of the International Commercial Expert Committee of the Supreme People's Court (For trial implementation) (Notice of the General Office of the Supreme People's Court, 30 Novermber 2018) <http://cicc.court.gov.cn/html/1/219/208/210/1146.html>.

96 Judicial Interpretation on CICC (n 3) art 8.

97 See Private International Law Act (n 58) art 10; Judicial Interpretation I (n 55) arts 17–18.

98 ‘Press Conference by the Supreme People's Court on Opinion Concerning the Establishment of the Belt and Road International Commercial Dispute Resolution Mechanism and Institutions’ (China International Commercial Court, 28 June 2018) <http://cicc.court.gov.cn/html/1/218/149/192/550.html>.

99 See ‘Foreign Law Ascertainment’ (China International Commercial Court, 29 June 2018) <cicc.court.gov.cn/html/1/219/206/207/index.html>.

100 See discussion below at subsection (6).

101 Z Huo, ‘Proof of Foreign Law under the Background of the Belt and Road Initiative’ in Sooksripaisarnkit (n 18) 136.

102 See Xu, Q, ‘The Codification of Conflicts Law in China: A Long Way to Go’ (2017) 65 AJCL 919, 938–40Google Scholar.

103 Judicial Interpretation on CICC (n 3) art 5.

104 Zhang, Z, ‘An Analysis on the Pros and Cons of Publishing Dissenting Opinion’ (2006) 3 China Legal Science 182, 183–6Google Scholar.

105 For more details, see Cai and Godwin (n 85) Section IV.E.

106 G Croisant, The Belgian Government Unveils Its Plan for the Brussels International Business Court (BIBC), (Conflict of Laws.net, 22 May 2018) <http://conflictoflaws.net/2018/the-belgian-government-unveils-its-plan-for-the-brussels-international-business-court-bibc>.

107 CPL (n 44) arts 10 and 49; LOPC (n 24) art 11.

108 See text to and around (nn 86–88).

109 Judicial Interpretation on CICC (n 3) art 9.

110 Judicial Interpretation on CICC (n 3) arts 11–13.

111 ibid art 14.

112 These institutions are: (1) China International Economic and Trade Arbitration Commission (CIETAC); (2) Shanghai International Economic and Trade Arbitration Commission; (3) the Shenzhen Court of International Arbitration (SCIA); (4) Beijing Arbitration Commission; (5) China Maritime Arbitration Commission; (6) Mediation Center of China Council for the Promotion of International Trade (CCPIT); and (7) Shanghai Commercial Mediation Center. See Notice of the Supreme People's Court on Inclusion of the First Group of International Commercial Arbitration and Mediation Institutions in the ‘One-stop’ Diversified International Commercial Dispute Resolution Mechanism (promulgated by the General Office of Supreme People's Court, 13 November 2018) <http://cicc.court.gov.cn/html/1/219/208/210/1144.html>.

113 S Denyer, ‘Facing Trade War with US, China's Xi Renews Vow to Open Markets, Import More’ (Washington Post, 10 April 2018) <https://www.washingtonpost.com/world/chinas-president-pledges-to-reduce-investment-restrictions-tariffs-on-auto-industry/2018/04/09/e3012ffa-3c39-11e8-955b-7d2e19b79966_story.html>.

114 See < https://www.sicc.gov.sg/about-the-sicc/judges>.

115 Constitution of the Republic of Singapore (1965), sections 95(8)–(9) [The Singapore Constitution].

116 Irmgard Griss’ appointment was not renewed after her three-year term, as she was elected to the Austrian Parliament.

117 The Singapore Constitution, arts 95(4) and (5)

118 [2017] SGCA 27, [2017] 2 SLR 265, [122].

119 See Legal Profession Act (Cap 161, 2009) section 15; Re Andrews Geraldine Mary QC [2013] 1 SLR 872, [66].

120 See Singapore International Commercial Court Practice Directions, para 26 <https://www.supremecourt.gov.sg/docs/default-source/default-document-library/sicc-practice-directions---amended-version-(final)77b73133f22f6eceb9b0ff0000fcc945.pdf>.

121 SCJA, section 18M. See Singapore International Commercial Court User Guides, Note 3 (Foreign Representation) <https://www.sicc.gov.sg/docs/default-source/legislation-rules-pd/sicc-user-guides-31jan19.pdf>.

122 ‘Second Reading Speech by Ms Indranee Rajah, Senior Minister of State for Law and Finance, on Supreme Court of Judicature (Amendment) Bill’ (n 66).

123 See Sections 36P(1) and (2) LPA.

124 See < https://www.sicc.gov.sg/registration-of-foreign-lawyers/foreign-lawyers>. The type of registration determines the requisite qualifications and scope of work which the foreign lawyer may undertake: see LPA, sections 36P(1) and (2).

125 QC, D Foxton, ‘Foreign Law in Domestic Courts’ (2017) 29 Singapore Academy of Law Journal 194Google Scholar.

126 SCJA, section 18K; Rules of Court, Order 110, rule 25(1).

127 Rules of Court, Order 110, rule 1(1)—‘registered law expert’ refers to a law expert registered under section 36PA of the LPA. A registered law expert may appear in SICC proceedings (including appeals) and give advice and prepare documents ‘solely for the purposes of making submissions’ on matters of foreign law as permitted by the SICC.

128 See Rules of Court, Order 110, rule 25(2). On showing ‘suitability’ of the foreign jurist, see Order 110, rule 25(2A) Rules of Court. The SICC may require evidence of good standing.

129 SICC Committee Report (n 31) 17.

130 SCJA, section 18G.

131 SCJA, section 18(H)(5).

132 See <https://www.sicc.gov.sg/hearings-judgments/judgments>. See further analysis in M Yip, ‘The Singapore International Commercial Court: The Future of Litigation?’ (2019) Erasmus Law Review (forthcoming).

133 Including procedural/interlocutory matters.

134 This includes cases where the foreign law is presumed to be the same as Singapore law because parties did not prove the content of foreign law. See, eg, Telemedia Pacific Group, Ltd. v Yuanta Asset Management International Ltd [2016] SGHC(I) 3 (Patricia Bergin IJ).

135 Traditionally, rules of evidence are considered procedural matters to be governed by lex fori.

136 Rules of Court, Order 110, rule 23.

137 Rules of Court, Order 110, rule 23(3).

138 Singapore International Commercial Court User Guides, Note 4 (Disapplication of Singapore Evidence Law) para 23 <https://www.sicc.gov.sg/docs/default-source/legislation-rules-pd/sicc-user-guides-31jan19.pdf>.

139 The appellate bench shall be appointed by the Chief Justice and it can comprise International Judges.

140 See Singapore International Commercial Court Practice Directions, para 139 <https://www.supremecourt.gov.sg/docs/default-source/default-document-library/sicc-practice-directions---amended-version-(final)77b73133f22f6eceb9b0ff0000fcc945.pdf>.

141 Rules of Court, Order 110, rule 30(2).

142 S Chong, ‘The Singapore International Commercial Court: A New Opening in a Forked Path’ (21 October 2015) at [5.2] <http://www.supremecourt.gov.sg/Data/Editor/Documents/J%20Steven%20Chong%20Speeches/The%20SICC%20-%20A%20New%20Opening%20in%20a%20Forked%20Parth%20-%20London%20(21.10.15).pdf>.

143 See Supreme Court of Singapore and DIFC Courts, ‘Memorandum of Guidance as to Enforcement Between the Supreme Court of Singapore and the Dubai International Financial Centre Courts’, 2015 <https://www.supremecourt.gov.sg/docs/default-source/default-document-library/dubai-mog-2015-cj-menon-and-cj-of-difc-(memorandum-of-guidance)4bb63033f22f6eceb9b0ff0000fcc945.pdf>.

144 See H Baharudin, ‘Singapore and China Courts Agree on Guide for Money Judgement in Commercial Cases to Be Recognised in Each Other's Country’ (The Straits Times, 3 September 2018) <https://www.straitstimes.com/singapore/singapore-and-china-courts-agree-on-guide-for-money-judgment-in-commercial-cases-to-be>.

145 Judicial Interpretation on CICC (n 3) art 17.

146 D Luo, ‘Absorbing all Useful Ideas and Pushing Development by Collective Efforts: A Keynote Speech by Luo Dongchuan at the First Seminar of the International Commercial Expert Committee’ (China International Commercial Court, 26 June 2018) <http://cicc.court.gov.cn/html/1/218/62/164/1061.html>.

147 See <https://www.hcch.net/en/instruments/conventions/status-table/?cid=98>.

148 Unless there are treaty arrangements for the enforcement of foreign judgments, the enforcement of foreign judgments under Chinese domestic rules relies principally on the principle of reciprocity. Enforcement pursuant to domestic rules is far from straightforward and invoked infrequently (see Tang et al. (n 52) 148 and 172). only three foreign judgments have been recognised in recent years pursuant to the domestic rule channel (See Zhang, W, ‘Sino–Foreign Recognition and Enforcement of Judgments: A Promising “Follow-Suit” Model?’ (2017) 16 ChineseJIL 515, 521Google Scholar).

149 The cases which the CICC has accepted by the end of 2018 were based on exercise of transfer jurisdiction, as the SPC announced that the CICC has accepted these cases pursuant to Articles 20 and 38 of the CPL. Article 20 of the CPL provides for the trial jurisdiction of the SPC as noted above, and Article 38 provides that People's Courts at higher levels shall have the authority to try civil cases over which People's Courts at lower levels have jurisdiction as courts of first instance. Therefore, although the SPC did not highlight that the CICC cases accepted to date are transfer cases, such a surmise may be made. See ‘The China International Commercial Court of the Supreme People's Court of China has accepted a Number of Cases concerning International Commercial Disputes’ <http://cicc.court.gov.cn/html/1/219/208/210/1152.html>. The CICC had its first hearing (a shareholder dispute) in May 2019: <http://cicc.court.gov.cn/html/1/219/208/210/1237.html>.

150 A Reyes, ‘The Necessity of Establishing China's International Commercial Courts and their Prospect’ Keynote Speech at the Summit Forum for International Commercial Disputes under the Background of the Belt and Road Initiative Seminar of the International Commercial Expert Committee <http://www.sohu.com/a/270167938_159412>.

151 PK Bookman, ‘The Adjudication Business’ Vanderbilt Law Review (forthcoming).

152 Similarly, in respect of the emergence of international commercial courts in Europe, Bookman observes that ‘balkanization of the market is the goal or is desirable in its own right’, ibid, 41.