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Full-Text Articles in Law
Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip
Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip
Research Collection Yong Pung How School Of Law
This article considers two recent developments in Singapore private international law: the establishment of the Singapore International Commercial Court and the enactment of the Hague Convention on Choice of Court Agreements 2005 into Singapore law. These two developments are part of Singapore’s strategy to promote itself as an international dispute resolution hub and are underscored by giving an enhanced role to party autonomy. This article examines the impact of these two developments on the traditional rules of private international law and whether they achieve the stated aim of positioning Singapore as a major player in the international litigation arena.
Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
“The Singapore Court of Appeal has recently affirmed the significance of giving effect to party autonomy in the enforcement of choice of court agreements under the common law in three important decisions handed down in quick succession, on different aspects of the matter: the legal effect of exclusive choice of court agreements, the interpretation and effect of non-exclusive choice of court agreements, and the effect of exclusive choice of court agreements on anti-suit injunctions.
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 …
Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng
Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good …
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.