Article 4.9 Establishment, Status and Judicial Authority

(a) An ICT Court shall be established or recognised for each ICT in accordance with the ICT Establishment Law and the ICT Contractual Arrangements. This Part sets out the intended structure, jurisdiction, powers, procedures, safeguards, and operating principles of the ICT Court.
(b) The ICT Court shall form part of the judicial system of the Host Country to the extent provided in the ICT Establishment Law and the ICT Contractual Arrangements, and its judgments, orders, and decisions shall be recognised and enforceable accordingly.
(c) The ICT Establishment Law and ICT Contractual Arrangements shall give effect to and support the status, jurisdiction, independence, enforceability, operational autonomy, resourcing, and institutional safeguards of the ICT Court.
(d) Any jurisdiction-specific modification, limitation, adaptation, or deviation from this Part shall be set out in Part 5 of this ICT Code and shall prevail to the extent of inconsistency.
(e) Nothing in this Part shall limit any constitutional review or mandatory judicial requirement of the Host Country where expressly applicable.
(f) The ICT Court shall exercise its judicial functions independently and shall not be subject to direction or control by any executive, administrative, regulatory, or political authority, except as expressly provided by applicable Host Country law, the ICT Establishment Law, the ICT Contractual Arrangements or Part 5.
(g) The ICT Court shall have such jurisdiction, powers, and authority as are conferred by this ICT Code, in the ICT Establishment Law and the ICT Contractual Arrangements and any applicable country-specific provisions in Part 5.
(h) The ICT Court may make orders, give directions, manage proceedings, issue judgments, award remedies, enforce procedural compliance, and take such measures as are necessary for the proper administration of justice, subject to this ICT Code and applicable law.
(i) The ICT Court shall have power to prevent abuse of process, preserve the integrity of proceedings, protect evidence, secure compliance with its orders, and ensure that matters before it are determined fairly, efficiently, and according to law.
(j) The ICT Court may issue procedural rules, practice directions, forms, protocols, and administrative guidance for the conduct of proceedings, provided that such instruments do not override this ICT Code, applicable Host Country legislation, or Part 5.
(k) The ICT Court may sit at such place within or outside the ICT and may conduct proceedings wholly or partly by electronic, remote, or digital means, as permitted by this ICT Code, applicable procedural rules, or Directive.
(l) The ICT Court shall maintain a Registry headed by a Registrar appointed in accordance with the applicable rules, Directives, or institutional arrangements.
(m) The Registrar may exercise such administrative, procedural, and delegated judicial functions as are conferred by this ICT Code, procedural rules, Directives, or direction of the ICT Court.
(n) The ICT Court may appoint, engage, or be supported by such officers, staff, experts, interpreters, enforcement officers, and administrative personnel as are necessary for the efficient discharge of its functions.
(o) The ICT Court shall enjoy administrative and operational autonomy, including appropriate arrangements for staffing, premises, technology, registry services, case management, security, and financial administration, as provided in the ICT Establishment Law, ICT Contractual Arrangements, or Part 5.
(p) The ICT Court may adopt modern, digital, expedited, specialist, or simplified procedures where appropriate to improve access to justice, reduce cost, promote efficiency, and support the effective administration of justice.
(q) The powers and operation of the ICT Court shall be interpreted in a manner consistent with judicial independence, due process, legal certainty, proportionality, access to justice, and the orderly administration of the ICT legal framework.

--- Alternate text for Article 4.9 (Establishment, Status and Judicial Authority) ---

(1) There is hereby established a court of record to be known as the International City Court (the “IC Court”).

(2) The IC Court shall form part of the judicial system of the host country, and its judgments, orders, and decisions shall constitute judgments, orders, and decisions of the host country and shall be enforceable accordingly.

(3) The IC Court is established pursuant to this Code and shall be anchored in host country legislation and the Concession Agreement, operating as an integral component of the judicial structure of the host country.

(4) The IC Court shall exercise its judicial functions independently and shall not be subject to direction or control by any executive, administrative, regulatory, or political authority.

(5) The IC Court shall possess inherent jurisdiction necessary to prevent abuse of process and to secure the proper administration of justice.

(6) The IC Court shall have power to punish contempt of court and to impose fines or other lawful sanctions for disobedience of its orders, in accordance with due process and applicable law.

(7) In criminal matters, the IC Court may issue warrants of arrest, orders for compulsory appearance, and other coercive measures necessary to secure the presence of persons before it, and may direct competent law enforcement authorities to execute such orders in accordance with applicable law.

(8) The IC Court may sit at such place within or outside the International City and may conduct proceedings wholly or partly by electronic or remote means, as provided by Directive.

(9) Where a judge is unable to complete a matter, the Chief Justice may direct that the matter continue before another judge, who may adopt prior proceedings in whole or in part as appropriate.

(10) The IC Court shall have an official seal and shall maintain a Registry headed by a Registrar appointed in accordance with Directives.

(11) The Registrar may exercise such administrative and delegated judicial functions as provided by this Code or by Directive.

(12) The IC Court may appoint such officers and staff as are necessary for the efficient discharge of its functions.

(13) The IC Court shall enjoy administrative and operational autonomy, including appropriate financial arrangements as provided in host country legislation and the Concession Agreement.

(14) Nothing in this Chapter shall limit constitutional review where expressly provided under the Constitution of the host country.