Media Release: Supreme Court of Singapore hosted the 7th Judicial Seminar on Commercial Litigation

SUPREME COURT HOSTED the 7^th judicial seminar on commercial litigation

            The Supreme Court of Singapore hosted the 7^th Judicial Seminar on Commercial Litigation on 24 and 25 February 2022. Convened by the Judiciaries of the Hong Kong Special Administrative Region, New South Wales and Singapore, this year’s Seminar was also joined by representatives from Australia, Brunei Darussalam, China, India, Japan, Malaysia, New Zealand and South Korea. Conducted virtually for the first time, the Seminar saw close to 70 participants attending.

2          The two-day Seminar was organised along the themes of “Substantive Commercial Law” and “Case and Court Management Issues”. This closed-door event brought together Chief Justices, Judges and senior judicial representatives from the participating judiciaries to discuss various aspects of commercial litigation, and share their legal expertise and experiences.

3          The Seminar opened with remarks by Singapore’s Chief Justice Sundaresh Menon. There was an active exchange of in-depth views and best practices that serve to enhance international commercial dispute resolution and strengthen cooperation between courts in cross-border matters. The Judges and senior judicial representatives contributed many useful insights to the seven sessions that covered topics relating to:

Substantive Commercial Law

• Recent developments relating to penalty clauses and restraint of trade in common law jurisdictions.
• How the doctrine of transnational issue estoppel may usefully minimise the re-litigation of issues across different courts.
• Current issues and developments in the law concerning challenges brought to arbitral awards.

Case and Court Management Issues

• Recent civil procedural innovations, and lessons and experiences in the use of technology for trials during the pandemic.
• The pressing problem of complexification in commercial disputes, particularly in construction disputes.
• Establishing and leveraging court-to-court communication protocols in transnational commercial litigation.
• Possible uses of AI and other technology enablers which can enhance judicial decision making and the administration of justice.

4          Chief Justice Menon said, “The Singapore Judiciary is honoured to host this year’s Judicial Seminar on Commercial Litigation and pleased to participate in the discussions at the Seminar, which are on topics of critical importance to the future of commercial dispute resolution. As a result of globalisation and the rise of technology, courts around the world operate in an environment that is much more complex and connected and yet also dynamic and unpredictable. There is a growing need to put in place effective and timely dispute resolution mechanisms, to develop collaborative frameworks for court excellence, and to promote best practices in commercial litigation together with other jurisdictions. I would like to express my sincere appreciation to the participating Judiciaries for their invaluable contributions to the discussions. Such dialogues will only strengthen and grow our expertise in resolving commercial disputes.” 

5          Chief Justice Andrew Cheung of the Hong Kong Court of Final Appeal said, “Like past Seminars, this year’s Seminar provided the participating Judiciaries with an excellent opportunity to exchange views on the latest developments in various areas of commercial law and practice. I would like to express my heart-felt thanks to our host, Chief Justice Menon, in organising this very successful Seminar!”      

6          “The Seminar provides an important opportunity for commercial Judges in the Asia-Pacific region to interact and discuss common problems in the administration of commercial law”, says Chief Justice Bathurst of the Supreme Court of New South Wales.  “I thank Chief Justice Menon and the Supreme Court of Singapore for the work they have done in organising the Seminar during the challenges of the COVID-19 pandemic.”