The Commercial Court is a dedicated avenue for commercial cases and is expected to increase the efficiency in the disposal of such cases within the Intermediate Court's jurisdiction.

With the establishment of the Commercial Court, the judiciary aims to improve the business environment with speedier resolutions, foster innovation within the judicial process and attract foreign direct investments.

"A reliable and robust legal system provides assurance to both local businesses and foreign investors .that their cases will be handled efficient and with utmost professionalism," the Judiciary said in a press statement yesterday.

The Commercial Court became fully operational in February 2016. The first case was registered on February 2, 2016 and as of November 23, 2016 the court handled 155 cases.

Approximately 70 per cent of the cases filed are suits arising out of breaches under banking and financial services.

The remaining 30 per cent are disputes under sale and delivery of goods, breaches in development projects, breaches in tenancy agreements and sale and purchase of commodities.

Of the 155 cases filed, no appearance and/or defence have been filed in 77 cases resulting in the entry of Judgment in Default of Appearance and/or Judgment in Default of Defence. With the aim of speeding up disposal of cases, the court has introduced several new court processes specifically for commercial cases.

Significantly, the court has introduced a process called Case Management Conference (CMC). With the CMC, the court will take a more proactive role in ensuring that parties abidebyset timelines, narrowing issues and facilitating discussions with the aim of an amicable settlement as well as in making sure that parties comply with court orders and/or directions. Through the CMC, the court also offers parties the option of an alternative dispute resolution in the form of mediation.

Currently, Registrars of the Intermediate Court and Commercial Court are fully trained in conducting mediation, with two Registrars registered as accredited mediators under the Singapore Mediation Centre.

As mediation is only an option, it will only proceed with the consent of all parties involved in the legal proceedings.

To further enhance the capacity of the court officials in this initiative, the court will continue to train judicial officers to become accredited mediators.

Commercial cases will also be given priority on early trial dates subject to the availability of court dates. The Judiciary first announced the establishment of the Commercial Court during the Legal Year Ceremony in February 2016. Efforts were followed up by providing further useful information to further inform the legal community on the applicable process and procedure in requiring the service of the Commercial Court.

The Judiciary with the cooperation of the British High Commission held a Commercial Law Forum on September 6, 2016 with the participation of an expert from the Commercial Court of the United Kingdom, Martin James Moore-Bick PC QC. Since the launch of the Judicial Case Management System ( JCMS) and the Electronic Filing System (EFS) in April 2015, the court is actively working on upgrading both to further improve user experience as well as providing a separate case category for commercial cases within the Intermediate Court's jurisdiction.

The Judiciary pledged to continue enhancing its services throughout all court jurisdictions nationwide. The current list of registered commercial cases is available on the Judiciary's website at www.judiciary. gov.bn.

Source:
@BRUDIRECT.COM

by BruDirect.com

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