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from Domestic Drivers
Published online by Cambridge University Press: 26 October 2023
The members of the Singapore International Commercial Court (‘SICC’) include both Singaporean and non-Singaporean ‘international’ judges. The SICC is domestic, in that it is established under Singaporean law as a division of the Singapore Court system, and international in the sense that it hears international commercial disputes, including cases which have no connection with Singapore apart from a choice of court agreement designating the SICC as the forum for dispute resolution. This chapter identifies the rationales for the appointment of international judges to the SICC, contrasting the SICC with domestic courts which use foreign judges and with nine other international commercial courts around the world. It shows how the different objectives and target markets of international commercial courts, as well as the constitutional laws and traditions of the host state, influence the decision whether or not to appoint foreign judges. The chapter suggests that international commercial dispute resolution today favours the appointment of specialist foreign judges to commercial courts having similar aspirations as the SICC.
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