Article 4.35 – Rules of Court in Civil and Commercial Proceedings

(1) Overriding Objective
(a) These Rules shall be applied and interpreted to enable the IC Court to determine all disputes to which this Chapter applies justly, expeditiously, and at proportionate cost, while giving full effect to party autonomy.
(b) The IC Court shall uphold and enforce procedural agreements freely concluded between parties.
(c) These Rules shall be interpreted consistently with common law principles, international best practice, and the legitimate expectations of parties submitting to the jurisdiction of the IC Court.
(2) Nature of Proceedings
(a) Proceedings are adversarial.
(b) The parties are responsible for advancing their cases and adducing evidence.
(c) The IC Court shall remain impartial and shall not investigate matters of its own motion except as necessary to secure fairness, procedural integrity, or compliance with mandatory law.
(3) Power of the Chief Justice
(a) The Chief Justice may issue Directives supplementing, specifying, or implementing these Rules.
(b) Such Directives may regulate procedural forms, electronic filing, digital proceedings, specialised tracks, evidentiary frameworks, costs regimes, arbitration-related matters, and the administration of proceedings.
(c) The Chief Justice shall, by Directive, determine the fees payable in respect of proceedings before the IC Court, including filing fees, hearing fees, appellate fees, and any other administrative or procedural charges.
(d) Directives issued pursuant to this Article shall be binding unless inconsistent with this Code.
(4) Procedural Autonomy
(a) Subject to mandatory law and public policy, parties may agree upon the procedural framework governing their dispute.
(b) Such agreements may include, without limitation, timetables, evidentiary standards, confidentiality regimes, limitation periods, document production, bifurcation, language, appeal rights, and allocation of costs.
(c) The IC Court shall give effect to such agreements unless manifestly contrary to public policy, mandatory law, or the rights of third parties.
(d) The IC Court may depart from any non-mandatory provision of these Rules where the parties so agree or where the interests of justice require.
(5) Jurisdiction
(a) The IC Court has jurisdiction where the parties have agreed in writing to submit disputes to it or where jurisdiction is otherwise conferred this Code.
(b) Jurisdiction agreements shall be construed liberally in favour of validity.
(c) The IC Court may determine its own jurisdiction, including the existence, validity, and scope of any jurisdiction agreement.
(6) Commencement
(a) Subject to Article 4.36 where applicable, proceedings shall be commenced by filing a Claim Form in the manner prescribed by Directive.
(b) The Claim Form shall identify the parties, specify the relief sought, and set out a concise statement of the material facts relied upon.
(c) Service may be effected by any method agreed by the parties or permitted by Directive.
(7) Defence and Counterclaim
(a) A Defendant shall file a Defence within the time prescribed by Directive or agreed by the parties.
(b) The Defence shall address the material allegations.
(c) A Counterclaim or set-off may be advanced within the same proceedings.
(8) Amendment
(a) Pleadings may be amended by agreement.
(b) In the absence of agreement, amendment requires permission of the IC Court.
(c) Permission shall be granted where necessary to determine the real issues in dispute and where any prejudice can be compensated in costs.
(9) Case Management
(a) The IC Court shall actively manage proceedings.
(b) Case management powers include identifying issues, limiting disclosure, fixing timetables, directing separate determination of issues, and structuring hearings.
(c) In exercising such powers, the IC Court shall respect procedural agreements between the parties.
(10) Representation
(a) A party may act in person.
(b) A party may be represented by any legal practitioner admitted before any court of an ICT.
(c) A party may also be represented by a foreign lawyer or other person with the IC Court’s permission.
(d) All representatives owe duties of candour, independence, and integrity to the IC Court.
(e) Representation may be regulated further by Directive.
(11) Evidence – General
(a) All relevant evidence is admissible unless excluded by party agreement, Directive, or order of the IC Court.
(b) Technical domestic rules of evidence shall not apply unless adopted by agreement or Directive.
(c) The IC Court may exclude evidence that is unfairly prejudicial, duplicative, abusive, disproportionate, or contrary to mandatory law.
(12) Opt-In Evidentiary Frameworks
(a) Parties may adopt recognised international evidentiary standards, including the IBA Rules on the Taking of Evidence or modified common law rules.
(b) Such agreement shall be binding and enforced by the IC Court.
(13) Witnesses
(a) Evidence-in-chief shall ordinarily be given by written witness statement.
(b) Witnesses may be cross-examined.
(c) Testimony may be given remotely where appropriate.
(14) Experts
(a) Expert evidence requires permission unless otherwise agreed.
(b) Experts owe their primary duty to the IC Court.
(c) The IC Court may appoint a single joint expert.
(15) Interim Relief
(a) The IC Court may grant interim relief including injunctions, freezing orders, asset preservation orders, search orders, interim performance, and security for costs.
(b) Relief may be granted urgently or without notice where necessary.
(c) The IC Court may require cross-undertakings in damages.
(16) Summary Determination
(a) The IC Court may give summary judgement where a claim or defence has no real prospect of success and there is no compelling reason for trial.
(b) The IC Court may strike out claims or defences that are abusive, frivolous, vexatious, or disclose no reasonable cause of action.
(17) Trial
(a) Trials shall be conducted efficiently and without unnecessary formality.
(b) The IC Court shall determine the order of proof and mode of hearing.
(c) Proceedings may be conducted wholly or partly by electronic means.
(18) Language
Proceedings shall be conducted in the language agreed by the parties or, absent agreement, as directed by the IC Court.
(19) Judgement and Relief
(a) The IC Court may grant any remedy available under the governing law, including damages, declarations, specific performance, restitution, injunctions, equitable relief, and any other appropriate order.
(b) Judgments shall be reasoned unless the parties agree otherwise.
(20) Costs
(a) The award of costs lies within the discretion of the IC Court.
(b) The IC Court may determine whether costs are awarded and, where so, the amount and basis of such award.
(c) In exercising its discretion, the IC Court may consider the outcome, the conduct of the parties, any procedural agreements, and all relevant circumstances.
(d) Costs may be awarded on a standard or indemnity basis, assessed summarily, or determined in accordance with agreed cost-allocation arrangements.
(21) Limitation Periods
(a) Parties may agree to extend, shorten, suspend, or otherwise modify limitation periods applicable to their disputes.
(b) Such agreements shall be enforceable unless manifestly contrary to public policy or mandatory law.
(22) Appeals
(a) A party may appeal a final judgement to the Court of Appeal.
(b) An appeal may be brought on grounds of error of law, error of fact, serious procedural irregularity, misdirection in the exercise of discretion, or that the decision is plainly wrong or unjust.
(c) An appeal shall be initiated by Notice of Appeal within the time prescribed by Directive.
(d) An appeal does not operate as a stay unless ordered.
(e) The Court of Appeal may affirm, reverse, vary, remit, substitute, or make any order that could have been made by the IC Court.
(f) Appeals against interlocutory decisions require permission of the IC Court or the Court of Appeal.
(g) Permission shall be granted where the appeal has a real prospect of success or there exists another compelling reason.
(h) Parties may, after a dispute has arisen, waive or limit rights of appeal, provided that review for serious procedural irregularity or manifest injustice is not excluded.
(i) The Chief Justice may establish expedited or specialised appellate tracks by Directive.
(23) Confidentiality
(a) Proceedings are public unless the IC Court orders confidentiality as provided in Article 4.5.
(b) The IC Court may seal files or judgments where justified as provided in Article 4.5.
(24) Arbitration Support
(a) The IC Court may grant interim measures in support of arbitration, appoint or remove arbitrators, determine challenges, recognise and enforce arbitral awards, and issue anti-suit or anti-arbitration injunctions.
(b) In arbitration matters, the IC Court shall intervene only to the extent necessary to support and supervise the arbitral process.
(25) Enforcement
(a) Judgments of the IC Court are enforceable as final judgments of the Host Country.
(b) The IC Court may issue freezing or other enforcement-related orders with extraterritorial effect.