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Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The establishment of the Singapore International Commercial Court (“SICC”) marks a significant development in Singapore’s private international law. This note leverages on the Singapore High Court decision of IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6 to discuss two key issues raised by the SICC: the relationship between the Singapore High Court’s and the SICC’s jurisdictional rules, and the applicable test for the exercise of the SICC’s jurisdiction. This note argues that the possibility of a transfer to the SICC should influence the High Court’s exercise of its international jurisdiction, and that the SICC should not …
Comparative Law And Private International Law, Ralf Michaels
Comparative Law And Private International Law, Ralf Michaels
Faculty Scholarship
No abstract provided.
Jurisdiction, Foundations, Ralf Michaels
The Conflicts Restatement And The World, Ralf Michaels
The Conflicts Restatement And The World, Ralf Michaels
Faculty Scholarship
No abstract provided.
Wächter, Carl Georg Von, Ralf Michaels
Wächter, Carl Georg Von, Ralf Michaels
Faculty Scholarship
Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …
A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.
A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.
All Faculty Scholarship
The paper addresses two discrete but related and essential attributes of a sovereign debt restructuring mechanism (SDRM). It first considers the merits and feasibility of an SDRM that would provide a procedure for proposing and adopting a restructuring plan for a sovereign debtor’s debt which would not involve any tribunal or administrator (a No-Tribunal SDRM). The No-Tribunal SDRM would undertake the restructuring as if the sovereign debtor and its creditors were subject to the Model CAC regime. In addition to embodying a novel and interesting structure for an SDRM—and one that eliminates the difficult hurdle of identifying a satisfactory tribunal—adoption …