Legal Profession (Representation in Singapore International Commercial Court) Rules 2014

No. S 851

Legal Profession Act

(CHAPTER 161)

In exercise of the powers conferred by section 36Y of the Legal Profession Act, we, the Rules Committee, hereby make the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 and shall come into operation on 1 January 2015.

[S 696/2018 wef 01/11/2018]

Definitions

2. In these Rules, unless the context otherwise requires —

“appellate court” has the meaning given by section 36O(1) of the Act;

[S 755/2022 wef 01/10/2022]

“Code of Ethics” means the Code of Ethics set out in the First Schedule;

“conducting solicitor” means a solicitor appointed under section 36Q(7) or 36S(9)(c) or (10)(b) of the Act to conduct proceedings before a complaints committee;

“foreign registration authority” means a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore;

“Form” means a form set out, and so numbered, in the Second Schedule;

“full registration” means full registration under section 36P of the Act;

“offshore case” has the same meaning as in Order 3 of the Singapore International Commercial Court Rules 2021 (G.N. No. S 924/2021);

[S 218/2022 wef 01/04/2022]

“pertinent proceedings” means any relevant proceedings under rule 3(2)(e) that are not also relevant proceedings under rule 3(2)(b), (c) or (d);

[S 696/2018 wef 01/11/2018]

“preliminary proceedings” means any proceedings that are preliminary to any relevant appeal or relevant proceedings, as the case may be;

[S 218/2022 wef 01/04/2022]

“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Act, and includes, for the purposes of rule 38(2), a foreign lawyer whose registration under section 36P of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the foreign lawyer;

“registered law expert” means a law expert registered under section 36PA of the Act, and includes, for the purposes of rule 38(2), a law expert whose registration under section 36PA of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the law expert;

[S 696/2018 wef 01/11/2018]

“relevant appeal” and “relevant proceedings” have the same meanings as in section 36O(1) of the Act;

“restricted registration” means restricted registration under section 36P of the Act;

“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a complaints committee;

“secretary” means the secretary of a complaints committee appointed by the Chief Justice under section 36S(7) of the Act;

“Singapore International Commercial Court” has the same meaning as in section 36O(1) of the Act.

Definitions of “relevant appeal” and “relevant proceedings” in section 36O(1) of Act

3.—(1) For the purposes of the definition of “relevant appeal” in section 36O(1) of the Act, a relevant appeal is any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings.

[S 1041/2020 wef 02/01/2021]

[S 755/2022 wef 01/10/2022]

(2) For the purposes of the definition of “relevant proceedings” in section 36O(1) of the Act, the following proceedings in the Singapore International Commercial Court are relevant proceedings:

(a)

[Deleted by S 696/2018 wef 01/11/2018]

(b)

an offshore case;

(c)

an action —

(i)	which was treated pursuant to Order 3 of the Singapore International Commercial Court Rules 2021 as an offshore case, but which the Singapore International Commercial Court has decided is not, or is no longer an offshore case; and [S 218/2022 wef 01/04/2022]
(ii)	in which the Singapore International Commercial Court has allowed, under Order 3, Rule 7(4)(b) of the Singapore International Commercial Court Rules 2021, a party to continue to be represented by a registered foreign lawyer or by a solicitor registered under section 36E of the Act; [S 277/2015 wef 15/05/2015] [S 691/2015 wef 18/11/2015] [S 218/2022 wef 01/04/2022]

(ca)

any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

[S 755/2022 wef 01/10/2022]

(d)

an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —

(i)	contempt of the Singapore International Commercial Court committed in connection with any proceedings referred to in sub-paragraph (b), (c) or (ca); or [S 696/2018 wef 01/11/2018] [S 755/2022 wef 01/10/2022]
(ii)	contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any proceedings referred to in sub-paragraph (b), (c) or (ca); [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022] [S 218/2022 wef 01/04/2022]

(e)

an action in respect of which the Singapore International Commercial Court or the appellate court has made —

(i)	an order that a question of foreign law be determined on the basis of submissions instead of proof; and
(ii)	an order permitting a named registered foreign lawyer, a named registered law expert, or a named solicitor registered under section 36E of the Act, to make submissions on the question of foreign law on behalf of a party. [S 277/2015 wef 15/05/2015] [S 691/2015 wef 18/11/2015] [S 696/2018 wef 01/11/2018] [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

Relevant appeal, relevant proceedings and preliminary proceedings prescribed for purpose of section 36P(1A) of Act

3A.—(1) For the purpose of section 36P(1A) of the Act, a prescribed relevant appeal is any relevant appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings prescribed in paragraph (2).

(2) The following relevant proceedings in the Singapore International Commercial Court are prescribed for the purpose of section 36P(1A) of the Act:

(a)

any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

(b)

an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —

(i)	contempt of the Singapore International Commercial Court committed in connection with any relevant proceedings mentioned in sub-paragraph (a); or
(ii)	contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings mentioned in sub-paragraph (a).

(3) The following preliminary proceedings are prescribed for the purpose of section 36P(1A) of the Act:

(a)	any proceedings that are preliminary to any relevant appeal prescribed in paragraph (1);
(b)	any proceedings that are preliminary to any relevant proceedings prescribed in paragraph (2). [S 755/2022 wef 01/10/2022]

Prescribed factors for representation by foreign lawyer granted full registration in certain prescribed proceedings

3B. The following factors are prescribed for the purpose of section 36P(1B) of the Act:

(a)

the nature of the factual and legal issues involved in the relevant appeal, relevant proceedings or preliminary proceedings prescribed in rule 3A(1), (2) or (3) (as the case may be) (called in this rule the relevant proceedings);

(b)

the role of the foreign lawyer granted full registration in the relevant proceedings;

(c)

the extent of the international elements involved in the relevant proceedings, including —

(i)	the amount of assets or properties in one or more foreign countries;
(ii)	the obligations and liabilities that are governed by the laws of one or more foreign countries; and
(iii)	the governing law of the underlying agreement. [S 755/2022 wef 01/10/2022]

PART 2

REGISTRATION OF FOREIGN LAWYER
UNDER SECTION 36P OF ACT

Qualifications and requirements for registration and renewal of registration

4.—(1) For the purposes of section 36P(3) of the Act, an application may be made for a foreign lawyer to be granted full registration if —

(a)	at the time the application is made, the foreign lawyer is duly authorised or registered to practise law in a foreign jurisdiction by a foreign registration authority of that jurisdiction;
(b)	the foreign lawyer has at least 5 years’ experience in advocacy before any court or tribunal;
(c)	the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(d)	the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(e)	the foreign lawyer gives an undertaking that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law. [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(2) For the purposes of section 36P(3) of the Act, an application may be made for a foreign lawyer to be granted restricted registration if —

(a)	the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(b)	the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(c)	there is an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions, in any relevant proceedings under rule 3(2)(e) or in any relevant appeal from any judgment given or order made in those proceedings, on a question of foreign law on behalf of a party to those proceedings or that appeal; and [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]
(d)	the foreign lawyer undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

(3) An application may be made for the renewal of the full registration of a foreign lawyer if —

(a)	at the time the application is made, the foreign lawyer is duly authorised or registered to practise law in a foreign jurisdiction by a foreign registration authority of that jurisdiction;
(b)	the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(c)	the foreign lawyer gives an undertaking that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law. [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(4) An application may be made for the renewal of the restricted registration of a foreign lawyer if —

(a)

the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;

(b)

there is an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to —

(i)	any pending relevant proceedings under rule 3(2)(e); or
(ii)	any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); and [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(c)

the foreign lawyer undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

Application for full registration

5.—(1) An application to the Registrar for a foreign lawyer to be granted full registration must —

(a)

contain the following particulars of the foreign lawyer:

(i)

the foreign lawyer’s name, nationality and designation;

(ii)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(iii)

the address of —

(A)	the foreign lawyer’s place of business in Singapore, if any; or
(B)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(iv)

the electronic mail address of the foreign lawyer;

(b)

state that the foreign lawyer agrees that —

(i)

any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;

(c)

be made in Form 1; and

(d)

be accompanied by the appropriate non-refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the foreign lawyer which —

(a)	confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)	states that the foreign lawyer has at least 5 years’ experience in advocacy before any court or tribunal;
(c)	exhibits a document setting out the foreign lawyer’s experience in advocacy;
(d)	states that the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(e)	states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(f)	states the jurisdictions in which the foreign lawyer is duly authorised or registered to practise law;
(g)	exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(h)	states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(i)	exhibits an undertaking by the foreign lawyer that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law. [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

Application for restricted registration

6.—(1) An application to the Registrar for a foreign lawyer to be granted restricted registration must —

(a)

contain the following particulars of the foreign lawyer:

(i)

the foreign lawyer’s name, nationality and designation;

(ii)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(iii)

the address of —

(A)	the foreign lawyer’s place of business in Singapore, if any; or
(B)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(iv)

the electronic mail address of the foreign lawyer;

(b)

state that the foreign lawyer agrees that —

(i)

any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;

(c)

be made in Form 2; and

(d)

be accompanied by the appropriate non-refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the foreign lawyer which —

(a)

confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);

(b)

states that the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;

(c)

states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;

(d)

states the jurisdictions in which the foreign lawyer is duly authorised or registered to practise law;

(e)

exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;

(f)

states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;

(g)

exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to —

(i)	any relevant proceedings under rule 3(2)(e); or [S 696/2018 wef 01/11/2018]
(ii)	any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); [S 696/2018 wef 01/11/2018] [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(h)

exhibits a document setting out the foreign lawyer’s qualifications and experience in relation to that question of foreign law; and

(i)

exhibits an undertaking by the foreign lawyer to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

Application for renewal of full registration

7.—(1) An application to the Registrar for the renewal of the full registration of a foreign lawyer must —

(a)

contain the following particulars of the foreign lawyer:

(i)

the foreign lawyer’s name, nationality and designation;

(ii)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(iii)

the address of —

(A)	the foreign lawyer’s place of business in Singapore, if any; or
(B)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(iv)

the electronic mail address of the foreign lawyer;

(b)

state that the foreign lawyer agrees that —

(i)

any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;

(c)

be made in Form 3; and

(d)

be accompanied by the appropriate non-refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the foreign lawyer which —

(a)	confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)	states any changes to any information provided in support of the foreign lawyer’s last application under rule 5(1) or paragraph (1);
(c)	states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(d)	exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(e)	states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(f)	states whether the registration of the foreign lawyer that is the subject of the application, any earlier full registration or restricted registration of the foreign lawyer under section 36P of the Act, or any earlier registration of the foreign lawyer as a law expert under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension; and [S 696/2018 wef 01/11/2018]
(g)	exhibits an undertaking by the foreign lawyer that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law. [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

Application for renewal of restricted registration

8.—(1) An application to the Registrar for the renewal of the restricted registration of a foreign lawyer must —

(a)

contain the following particulars of the foreign lawyer:

(i)

the foreign lawyer’s name, nationality and designation;

(ii)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(iii)

the address of —

(A)	the foreign lawyer’s place of business in Singapore, if any; or
(B)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(iv)

the electronic mail address of the foreign lawyer;

(b)

state that the foreign lawyer agrees that —

(i)

any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;

(c)

be made in Form 4; and

(d)

be accompanied by the appropriate non-refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the foreign lawyer which —

(a)

confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);

(b)

states any changes to any information provided in support of the foreign lawyer’s last application under rule 6(1) or paragraph (1);

(c)

states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;

(d)

(e)

(f)

states whether the registration of the foreign lawyer that is the subject of the application, any earlier full registration or restricted registration of the foreign lawyer under section 36P of the Act, or any earlier registration of the foreign lawyer as a law expert under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;

[S 696/2018 wef 01/11/2018]

(g)

(i)	any pending relevant proceedings under rule 3(2)(e); or
(ii)	any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(h)

exhibits a document setting out the foreign lawyer’s qualifications and experience in relation to that question of foreign law; and

(i)

Registrar may grant or refuse application

9.—(1) The Registrar may grant or refuse an application made under rule 5(1), 6(1), 7(1) or 8(1) in respect of a foreign lawyer.

(2) The Registrar must, within 14 days after the later of the date on which the application is made or the date on which all information required to process the application is submitted to the Registrar —

(a)	inform the foreign lawyer whether the Registrar has granted the application; and
(b)	if the Registrar has not granted the application, invite the foreign lawyer to submit on why the application should be granted.

(3) The Registrar must, before refusing the application, give the foreign lawyer a reasonable opportunity to be heard by the Registrar.

(4) The decision of the Registrar to grant or refuse the application is final.

Period of validity or renewal of registration

10.—(1) Every registration under section 36P of the Act is valid for one year, unless the registration is sooner cancelled or suspended under section 36P(7) or (9) or 36U of the Act.

(2) Every renewal of a registration under section 36P of the Act is for one year, unless the registration is sooner cancelled or suspended under section 36P(7) or (9) or 36U of the Act.

Certificate of registration

11.—(1) Subject to paragraph (3), if an application under rule 5(1) or 6(1) is granted, the Registrar may issue a certificate of registration for the period of validity of the full registration or restricted registration (as the case may be).

(2) Subject to paragraph (3), if an application under rule 7(1) or 8(1) is approved, the Registrar may issue a certificate of registration for the period of the renewal of the full registration or restricted registration (as the case may be).

(3) The Registrar may, on application by a registered foreign lawyer and on payment of the appropriate non-refundable fee (if any) specified in the Third Schedule —

(a)	issue the foreign lawyer a certificate of registration;
(b)	amend the foreign lawyer’s certificate of registration; or
(c)	issue a certified true copy of the foreign lawyer’s certificate of registration.

(4) When a foreign lawyer’s full registration or restricted registration is cancelled under section 36P(7) or (9) or 36U of the Act, the foreign lawyer’s certificate of registration shall cease to be in force.

Registers of registered foreign lawyers

12.—(1) The Registrar is to maintain, in such form and manner as the Registrar thinks fit —

(a)	a register of every foreign lawyer who is granted full registration; and
(b)	a register of every foreign lawyer who is granted restricted registration.

(2) Upon the grant of full registration to a foreign lawyer, the Registrar is to enter in the register under paragraph (1)(a) the following particulars of the foreign lawyer:

(a)

the foreign lawyer’s name, nationality and designation;

(b)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(c)

the address of —

(i)	the foreign lawyer’s place of business in Singapore, if any; or
(ii)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(d)

the electronic mail address of the foreign lawyer.

(3) Upon the grant of restricted registration to a foreign lawyer, the Registrar is to enter in the register under paragraph (1)(b) the following particulars of the foreign lawyer:

(a)

the foreign lawyer’s name, nationality and designation;

(b)

the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;

(c)

the address of —

(i)	the foreign lawyer’s place of business in Singapore, if any; or
(ii)	the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;

(d)

the electronic mail address of the foreign lawyer.

(4) A registered foreign lawyer must, within 7 days after there is any change to any particulars of the foreign lawyer provided in an application under rule 5(1), 6(1), 7(1) or 8(1), notify the Registrar in writing of the change.

(5) If a foreign lawyer fails to comply with paragraph (4), the Registrar may take into account the failure when deciding whether to grant or refuse a later application under rule 5(1), 6(1), 7(1) or 8(1) in respect of the foreign lawyer.

(6) The Registrar may do any of the following in relation to the register under paragraph (1)(a) or the register under paragraph (1)(b):

(a)	correct any error in the register;
(b)	make any necessary alteration to the register as a result of any change in circumstances or particulars;
(c)	upon the request of a registered foreign lawyer, remove the name of that foreign lawyer from the register.

(7) The Registrar may make any information in the register under paragraph (1)(a) or the register under paragraph (1)(b) available to any person in such form and manner as the Registrar thinks fit.

PART 2A

REGISTRATION OF LAW EXPERT UNDER
SECTION 36PA OF ACT

[S 696/2018 wef 01/11/2018]

Qualifications and requirements for registration and renewal of registration

12A.—(1) For the purposes of section 36PA(2) of the Act, an application may be made for a law expert to be registered if —

(a)	at the time the application is made, the law expert is not a foreign lawyer;
(b)	the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)	the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(d)	there is an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions, in any relevant proceedings under rule 3(2)(e) or in any relevant appeal from any judgment given or order made in those proceedings, on a question of foreign law on behalf of a party to those proceedings or that appeal; and [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]
(e)	the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

(2) An application may be made for the renewal of the registration of a law expert if —

(a)

the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;

(b)

there is an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —

(i)	any pending relevant proceedings under rule 3(2)(e); or
(ii)	any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); and [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(c)

the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

[S 696/2018 wef 01/11/2018]

Application for registration as law expert

12B.—(1) An application to the Registrar for a law expert to be registered must —

(a)

contain the following particulars of the law expert:

(i)

the law expert’s name, nationality and designation;

(ii)

the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;

(iii)

the name of any other institution or organisation that employs or is affiliated with the law expert;

(iv)

the address of —

(A)	the law expert’s place of business in Singapore, if any; or
(B)	the law expert’s overseas place of business, if the law expert has no place of business in Singapore;

(v)

the electronic mail address of the law expert;

(b)

state that the law expert agrees that —

(i)

any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the law expert;

(c)

be made in Form 4A; and

(d)

be accompanied by the appropriate non‑refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the law expert that —

(a)

confirms the particulars of the law expert mentioned in paragraph (1)(a);

(b)

states that the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;

(c)

states that the law expert has read and understood, and agrees to abide by, the Code of Ethics;

(d)

states that the law expert is not a foreign lawyer;

(e)

states that the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;

(f)

exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —

(i)	any relevant proceedings under rule 3(2)(e); or
(ii)	any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(g)

exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and

(h)

exhibits an undertaking by the law expert to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.

[S 696/2018 wef 01/11/2018]

Application for renewal of registration of law expert

12C.—(1) An application to the Registrar for the renewal of the registration of a law expert must —

(a)

contain the following particulars of the law expert:

(i)

the law expert’s name, nationality and designation;

(ii)

the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;

(iii)

the name of any other institution or organisation that employs or is affiliated with the law expert;

(iv)

the address of —

(A)	the law expert’s place of business in Singapore, if any; or
(B)	the law expert’s overseas place of business, if the law expert has no place of business in Singapore;

(v)

the electronic mail address of the law expert;

(b)

state that the law expert agrees that —

(i)

any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —

(A)	in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or
(B)	in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and

(ii)

such service is to be treated as good and sufficient service of the letter, notice or document on the law expert;

(c)

be made in Form 4B; and

(d)

be accompanied by the appropriate non‑refundable fee specified in the Third Schedule.

(2) The application must be supported by an affidavit of the law expert that —

(a)

confirms the particulars of the law expert mentioned in paragraph (1)(a);

(b)

states any changes to any information provided in support of the law expert’s last application under paragraph (1) or rule 12B(1);

(c)

states that the law expert has read and understood, and agrees to abide by, the Code of Ethics;

(d)

states that the law expert is not a foreign lawyer;

(e)

(f)

states whether the registration of the law expert that is the subject of the application, any earlier registration of the law expert under section 36PA of the Act, or any earlier full registration or restricted registration of the law expert as a foreign lawyer under section 36P of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;

(g)

(i)	any pending relevant proceedings under rule 3(2)(e); or
(ii)	any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); [S 1041/2020 wef 02/01/2021] [S 755/2022 wef 01/10/2022]

(h)

exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and

(i)

[S 696/2018 wef 01/11/2018]

Registrar may grant or refuse application

12D.—(1) The Registrar may grant or refuse an application made under rule 12B(1) or 12C(1) in respect of a law expert.

(a)	inform the law expert whether the Registrar has granted the application; and
(b)	if the Registrar has not granted the application, invite the law expert to submit on why the application should be granted.

(3) The Registrar must, before refusing the application, give the law expert a reasonable opportunity to be heard by the Registrar.

(4) The decision of the Registrar to grant or refuse the application is final.

[S 696/2018 wef 01/11/2018]

Period of validity or renewal of registration

12E.—(1) Every registration under section 36PA of the Act is valid for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act.

(2) Every renewal of a registration under section 36PA of the Act is for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act.

[S 696/2018 wef 01/11/2018]

Certificate of registration

12F.—(1) Subject to paragraph (3), if an application under rule 12B(1) is granted, the Registrar may issue a certificate of registration for the period of validity of the registration.

(2) Subject to paragraph (3), if an application under rule 12C(1) is approved, the Registrar may issue a certificate of registration for the period of the renewal of the registration.

(3) The Registrar may, on application by a registered law expert and on payment of the appropriate non‑refundable fee (if any) specified in the Third Schedule —

(a)	issue the law expert a certificate of registration;
(b)	amend the law expert’s certificate of registration; or
(c)	issue a certified true copy of the law expert’s certificate of registration.

(4) When a law expert’s registration is cancelled under section 36PA(5) or (7) or 36U of the Act, the law expert’s certificate of registration ceases to be in force.

[S 696/2018 wef 01/11/2018]

12G.—(1) The Registrar is to maintain, in such form and manner as the Registrar thinks fit, a register of every law expert who is registered under section 36PA of the Act.

(2) Upon the registration of a law expert, the Registrar is to enter in the register under paragraph (1) the following particulars of the law expert:

(a)

the law expert’s name, nationality and designation;

(b)

the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;

(c)

the name of any other institution or organisation that employs or is affiliated with the law expert;

(d)

the address of —

(i)	the law expert’s place of business in Singapore, if any; or
(ii)	the law expert’s overseas place of business, if the law expert has no place of business in Singapore;

(e)

the electronic mail address of the law expert.

(3) A registered law expert must, within 7 days after there is any change to any particulars of the foreign lawyer provided in an application under rule 12B(1) or 12C(1), notify the Registrar in writing of the change.

(4) If a law expert fails to comply with paragraph (3), the Registrar may take into account the failure when deciding whether to grant or refuse a later application under rule 12B(1) or 12C(1) in respect of the law expert.

(5) The Registrar may do any of the following in relation to the register under paragraph (1):

(a)	correct any error in the register;
(b)	make any necessary alteration to the register as a result of any change in circumstances or particulars;
(c)	upon the request of a registered law expert, remove the name of that law expert from the register.

(6) The Registrar may make any information in the register under paragraph (1) available to any person in such form and manner as the Registrar thinks fit.

[S 696/2018 wef 01/11/2018]

Made on 26 December 2014.

SUNDARESH MENON

Chief Justice.

V K RAJAH SC

Attorney-General.

BELINDA ANG SAW EAN

Judge.

TAY YONG KWANG

Judge.

QUENTIN LOH

Judge.

STEVEN CHONG

Judge.

VINODH COOMARASWAMY

Judge.

SEE KEE OON

Presiding Judge of the State Courts.

FOO TUAT YIEN

District Judge.

CAVINDER BULL SC

Advocate and Solicitor.

ANG CHENG HOCK SC

Advocate and Solicitor.

[RSCS R7/7 Vol. 15; AG/LLRD/SL/161/2013/2 Vol. 2]

(To be presented to Parliament under section 131 of the Legal Profession Act).