Standing International Forum of Commercial Courts (SIFoCC)

SIFoCC’s history

SIFoCC was established in 2016 under the leadership of Lord Thomas, former Lord Chief Justice of England and Wales, to encourage collaboration among national commercial courts of different jurisdictions. The inaugural meeting in London on 4-5 May 2017 gathered senior judges from 25 different jurisdictions. It aimed to enhance the rule of law worldwide and promote international legal services. Since its inception, SIFoCC has expanded to encompass 58 Member Jurisdictions and conducted regular meetings in New York in 2019, Singapore in 2021, Sydney in 2022, and Doha in April 2024.

SIFoCC’s key objectives

SIFoCC tackles global challenges by encouraging Alternative Dispute Resolution (“ADR”) methods and by enabling knowledge exchange among commercial courts of different jurisdictions.

Its main goals are (i) serving users by sharing best practices to keep up with rapid commercial changes, benefiting businesses and markets; (ii) enhancing the rule of law by fostering global court collaboration in order to contribute to legal stability; and (iii) supporting developing jurisdictions by improving attractiveness to investors.

The cooperation, encouraged by SIFoCC, improves standards, ensures fair access to justice, and strengthens the rule of law, while providing predictability and boosting investor confidence.

SIFoCC’s work

SIFoCC is committed to advancing global legal standards by sharing best practices, producing detailed reports, and disseminating knowledge through publications and speeches.

Promoting legal development

In October 2022, SIFoCC held its Fourth Full Meeting, hosted by the Federal Court of Australia and the Supreme Court of New South Wales. This meeting resulted in the publication of a significant report addressing the key topics discussed during the meeting:¹ Integrated dispute resolution systems, managing increasingly complex disputes, future challenges in corporate legal responsibility, and international jurisdictional conflicts.

The report highlights SIFoCC’s dedication to fostering a globalised commercial justice system, encouraging the harmonisation of national commercial laws worldwide, and treating international commercial law as a cohesive system rather than a collection of isolated regulations.

Construction and energy disputes across jurisdictions

SIFoCC strongly focuses on disputes related to energy, construction, and infrastructure, and members frequently contribute through speeches and publications on these topics.

For example, the Honourable Chief Justice Sundaresh Menon of the Singapore Supreme Court, a distinguished SIFoCC member, recently emphasised the role of International Commercial Courts in managing complex construction disputes.² International Commercial Courts  are recognised for their procedural flexibility, the rights they grant to foreign counsel, and their ability to include third parties. They also ensure high-quality decision-making with internationally renowned judges.

Given the transnational aspects that often characterise  construction and energy projects and relating disputes, SIFoCC regularly publishes comparative law memoranda to address multi-jurisdictional issues.

In March 2024, SIFoCC released its Multilateral Memorandum on Enforcement of Commercial Judgments for Money,³  offering an in-depth analysis of enforcement practices in over 30 jurisdictions, including South Korea, Brazil, Uganda, China, Australia, Germany, Singapore, Canada, and England. This memorandum explores how these jurisdictions can enforce each other’s commercial judgments, thereby advancing global legal cooperation and resolution of disputes.

SIFoCC and ADR

ADR methods heavily rely on the support of judicial courts in order to ensure their efficiency and enforceability. SIFoCC is committed to promoting the development and integration of ADR mechanisms with active backing from national courts. SIFoCC’s strategic partnership enhances the credibility and effectiveness of ADR processes, making them more reliable and accessible for resolving commercial disputes.

SIFoCC released the “International Best Practice in Case Management” during its 5th Full Meeting in Doha on 20 April 2024 as part of its ongoing efforts.* This document analyses how national courts across various jurisdictions support ADR mechanisms and defines best practices for managing complex disputes effectively.

The degree to which commercial judges engage with ADR methods varies in each jurisdiction. However, incorporating ADR into judicial practices can offer significant value by facilitating settlement of disputes in appropriate cases. Case Management Conferences (“CMCs”) may play a crucial role in providing a platform to explore settlement opportunities. CMCs should be considered an integral part of ADR rather than separate from it. Judges can play a vital role by referring cases to formal ADR processes when a settlement seems likely. However, this referral should be carefully monitored to ensure it is not merely a delaying tactic but a genuine effort to resolve the matter.

SIFoCC advocates for the establishment of uniform rules to promote consistency and fairness in ADR practices across jurisdictions. Standardising ADR procedures helps eliminate discrepancies between jurisdictions and ensures a predictable and stable environment for businesses operating in multiple countries.

Construction and energy projects, known for their complexity and frequent cross-border nature, are particularly susceptible to lead to disputes. These projects often face challenges such as contractual disagreements and delays. By fostering collaboration among national courts and promoting standardised ADR practices, SIFoCC enhances legal certainty and provides robust support for resolving construction and energy disputes through CMCs and ADR methods.

In summary, SIFoCC’s initiatives to support ADR methods through judicial collaboration and establishing uniform rules significantly enhance ADR decisions’ predictability, efficiency, and enforceability. These initiatives are especially beneficial in complex and cross-border disputes disputes, which often derive from infrastructure projects, where reliable dispute resolution is essential for maintaining smooth operations and ensuring a stable investment environment.

Conclusion

SIFoCC fosters cooperation among national commercial courts, facilitates the exchange of best practices and contributes to building a unified and effective global commercial justice system. By tackling the complexity of our interconnected world, SIFoCC is crucial in defining legal standards, guaranteeing access to justice, and bolstering global economic stability and growth.

Please visit SIFoCC’s official website (https://sifocc.org/resources/) to learn more about its activities, its reports, publications, and published speeches.

Sources:

• SIFoCC’s website: https://sifocc.org/resources/
• Report of the Fourth Full Meeting: https://sifocc.org/sifocc_documents/report-on-the-4th-full-sifocc-meeting/
• Memorandum on Enforcement of Commercial Judgments for Money: https://sifocc.org/sifocc_documents/sifocc-memorandum-on-enforcement-2nd-with-international-working-group-commentary/
• The role of Commercial Courts in the management of complex disputes: https://sifocc.org/sifocc_documents/the-role-of-commercial-courts-in-the-management-of-complex-disputes/

Best Practice in Case Management presented at the 5th Full Meeting in Doha on 20 April 2024: https://sifocc-events.org/sifoccs-5th-full-meeting#programme

¹ Available at https://sifocc.org/sifocc_documents/sifocc-memorandum-on-enforcement-2nd-with-international-working-group-commentary/

² Available at https://sifocc-events.org/sifoccs-5th-full-meeting#programme

³ Available at https://sifocc.org/sifocc_documents/report-on-the-4th-full-sifocc-meeting/

* Available at https://sifocc.org/sifocc_documents/the-role-of-commercial-courts-in-the-management-of-complex-disputes/