Credit: Harsha/Adobe Stock

Virginie Antonella Colaiuta
LMS Legal, London
virginie.colaiuta@lmslex.com

Basil Thévignot
LMS Legal, London
basil.thevignot@lmslex.com

Uniting global commercial courts to enhance best practices and uphold the rule of law.

History

Founded in 2016 by Lord Thomas, former Lord Chief Justice of England and Wales, the Standing International Forum of Commercial Courts (SIFoCC) was established to unite commercial courts globally.

The inaugural meeting took place in London on 4–5 May 2017, including senior judges from 25 jurisdictions. This initiative supports global efforts to strengthen the rule of law and promote international legal services. Since then, SIFoCC has grown to include 58 member jurisdictions and has hosted regular meetings every 18 months: New York in 2019, Singapore in 2021, Sydney in 2022, and most recently Doha in April 2024.

Purpose and key objectives

SIFoCC addresses global challenges by promoting alternative dispute resolution and facilitating knowledge-sharing among commercial courts. Its key objectives are:

• Serving users: sharing best practices to keep pace with rapid commercial changes, benefiting businesses and markets;

• Strengthening the rule of law: promoting collaborative efforts of courts worldwide, contributing to legal stability; and

• Supporting developing jurisdictions: enhancing attractiveness to investors by providing effective commercial dispute resolution.

This collaboration enhances standards, ensures access to justice and upholds the rule of law: offering predictability, reducing uncertainty and inspiring investor confidence.

Importance of commercial law and courts

Commercial law governs business activities, both domestic and international. Commercial courts ensure the enforcement of contracts and protection of interests. However, the rise of international commerce presents challenges that no single jurisdiction can address alone. International collaboration is essential to manage costs, maintain standards, adapt to business and technological changes, and provide access to justice.

Judicial Observation Programme

The Judicial Observation Programme, a unique initiative, offers an intensive one-week mentorship in a SIFoCC host jurisdiction. Typically involving five to six participants nominated by their Chief Justice, this peer-to-peer engagement shares best practices and supports developing countries. Participants contribute to judicial relationships, fostering continuous knowledge exchange and application.

Promoting global legal standards: the work of SIFoCC

SIFoCC is dedicated to enhancing global legal standards through best practices, comprehensive reports, publications and speeches, all of which are accessible on its website.^[1]

Contributions to legal development

In October 2022, SIFoCC released a significant report following its fourth full meeting, hosted by the Federal Court of Australia and the Supreme Court of New South Wales.^[2] This meeting focused on crucial themes such as:

• integrated systems of dispute resolution;

• management of increasingly complex disputes;

• future issues for corporate legal responsibility; and

• international jurisdictional conflicts.

The report underscores SIFoCC’s commitment to supporting a globalised commercial justice system, promoting the convergence of commercial laws worldwide, and viewing international commercial law as an interconnected system rather than a set of fragmented rules.

Addressing multi-jurisdictional issues

SIFoCC regularly releases comparative law memoranda that address multi-jurisdictional issues. In March 2024, SIFoCC published its Multilateral Memorandum on Enforcement of Commercial Judgments for Money,^[3] a comprehensive analysis of enforcement practices across more than 30 jurisdictions, including Australia, Brazil, Canada, China, Germany, Japan, Singapore, South Korea, Uganda and the United Kingdom. This memorandum highlights how these jurisdictions can enforce each other’s commercial judgments, reinforcing the rule of law and promoting global legal cooperation.

Focus on construction disputes

SIFoCC places significant emphasis on construction disputes, with members frequently speaking and publishing on related topics. For instance, the Honourable Chief Justice Sundaresh Menon of the Singapore Supreme Court, a prominent SIFoCC member, recently highlighted the role of international commercial courts (ICCs) in the context of complex construction disputes, ensuring robust case management and addressing due process concerns.^[4] ICCs offer unique advantages for resolving complex international construction disputes, including procedural flexibility, rights of audience for foreign counsel and the ability to join third parties. The quality of decision-makers in ICCs is assured, featuring internationally renowned judges.

SIFoCC and alternative dispute resolution

Alternative dispute resolution (ADR) methods require support from judicial courts before, during and after the parties have their dispute resolved through such methods. SIFoCC actively promotes the development and integration of ADR mechanisms in different jurisdictions with the support provided by national courts. This strategic collaboration enhances the efficiency and enforceability of ADR processes, making them more reliable and accessible for resolving disputes.

To ensure consistency and fairness in the application of ADR across different jurisdictions, SIFoCC advocates for the creation of uniform rules. Standardising these rules helps to eliminate discrepancies and ensures a predictable and stable environment for ADR, which is crucial for businesses operating in multiple countries.

As part of its ongoing efforts, SIFoCC released International Best Practice in Case Management during its fifth full meeting in Doha on 20 April 2024.^[5] This document examines how courts in various jurisdictions support ADR mechanisms and promotes best practices for managing complex disputes. The analysis provided in this publication serves as a valuable resource for courts worldwide, helping them to enhance their ADR capabilities and deliver more efficient justice.

Construction projects in particular are known for being highly litigious due to their complexity and the frequent involvement of parties from different jurisdictions. These projects often face numerous disputes arising from contractual disagreements, delays and other issues. By promoting collaboration among courts and encouraging standardised ADR practices, SIFoCC ensures legal certainty and provides strong support for resolving construction disputes through ADR. This approach not only improves the resolution process for such disputes but also boosts investor confidence by demonstrating a commitment to effective and reliable dispute resolution mechanisms.

In summary, SIFoCC’s initiatives to support ADR through judicial collaboration and the establishment of uniform rules significantly enhance the predictability, efficiency and enforceability of ADR decisions. These efforts are particularly beneficial in complex cross-border sectors like construction, where reliable dispute resolution is critical for maintaining efficient operations and ensuring a stable investment environment.

Conclusion

SIFoCC’s initiatives encourage collaboration among commercial courts, promote the sharing of best practices, and support the development of a cohesive and effective global commercial justice system. By addressing the challenges of an interconnected world, SIFoCC plays a pivotal role in enhancing legal standards, ensuring access to justice, and supporting global economic stability and prosperity.

For more information on SIFoCC’s work and to access its reports, publications and speeches, visit its official website.