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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 The Singapore Legal System
- Preliminary Material
- A Introduction
- B Historical Background: from British Colonial Rule to Independence
- C The Modern Singapore Legal System
- D Recent Innovations and Developments within the Singapore Judiciary
- 3 Jurisdiction
- Preliminary Material
- A Introduction
- B Jurisdiction of General Division of the Singapore High Court: Overview
- C General Division of the Singapore High Court: Service in Singapore
- 1 Natural Persons
- 2 Companies
- 3 Partnerships
- 4 Submission
- 3.35
- a) Method of service as agreed with the party to be served
- b) Rules of Court 2021, challenge to jurisdiction and submission
- c) Filing of notice of intention to contest or not to an originating claim
- d) Challenge to jurisdiction and filing of defence to an originating claim
- e) Challenge of jurisdiction and filing of defendant’s affidavit to an originating application
- f) Attendance of case conference after the issuance of the originating claim or originating application
- g) Taking a step in the proceedings
- h) Claimant’s general submission to jurisdiction
- i) Other steps
- 5 Challenging the Exercise of Jurisdiction
- D General Division of the Singapore High Court: Service out of Singapore
- 1 General
- 2 Summary of the Position Before the Coming into Force of the Rules of Court 2021
- 3 An Overview of the New Regime the Rules of Court 2021
- 4 ‘The Appropriate Court to Hear the Action’: Factors to Demonstrate a Sufficient Nexus
- 3.80
- 3.81
- 3.82
- a) PD 2021 paragraph 63(3)(a): Relief sought against a person who is domiciled, ordinarily resident, carrying on business or who has property in Singapore (Order 11 rule 1(a))
- b) PD 2021 paragraph 63(3)(b): An injunction is sought ordering the defendant to do or refrain from doing anything in Singapore (whether or not damages are also claimed in respect of a failure to do or the doing of that thing) (Order 11 rule 1(b))
- c) PD 2021 paragraph 63(3)(c): The claim is brought against a person duly served in or out of Singapore and a person out of Singapore is a necessary or proper party thereto (Order 11 rule 1(c))
- d) PD 2021 paragraph 63(3)(d): claims in relation to contracts that are connected to Singapore (Order 11 rule 1(d))
- e) PD 2021 paragraph 63(3)(e): claims in respect of a breach of contract committed in Singapore (Order 11 rule 1(e))
- f) PD 2021 paragraph 63(3)(f): claims in tort (Order 11 rule 1(f))
- g) PD 2021 paragraph 63(3)(g): claims relating to immovable property in Singapore (Order 11 rule 1(g))
- h) PD 2021 paragraph 63(3)(h): claims to construe, rectify, set aside an act, deed, will, contract, obligation or liability affecting immovable property in Singapore (Order 11 rule 1 (h))
- i) PD 2021 paragraph 63(3)(i): claims for a debt secured on immovable property or claims relating to movable property in Singapore (Order 11 rule 1(i))
- j) PD 2021 paragraph 63(3)(j): claims against a trustee for the execution of a Singapore law governed trust or for relief that may be obtained in any such action (Order 11 rule 1(j))
- k) PD 2021 paragraph 63(3)(m): enforcement of judgment or arbitral award, or adjudication under Building and Construction Industry Security of Payment Act 2004 (Order 11 rule 1 (m))
- l) PD 2021 paragraph 63(3)(n): the claim is made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, the Terrorism (Suppression of Financing) Act or any other written law (Order 11 rule 1(n))
- m) PD 2021 paragraph 63(3)(o): a restitutionary claim or a claim for an account or other relief against the defendant as trustee or fiduciary, and the defendant’s alleged liability arises out of any act, whether by him or otherwise, in Singapore (Order 11 rule 1 (o))
- n) PD 2021 paragraph 63(3)(p): a cause of action arising in Singapore (Order 11 rule 1(p))
- o) PD 2021 paragraph 63(3)(q): contribution or indemnity in respect of a liability enforceable by proceedings in Singapore (Order 11 rule 1(q))
- p) PD 2021 paragraph 63(3)(r): submission to the jurisdiction of Singapore courts (Order 11 rule 1(r))
- q) PD 2021 paragraph 63(3)(s): claims concerning the construction, effect or enforcement of written law (Order 11 rule 1(s))
- E General Division of the Singapore High Court: Limits to Jurisdiction
- F General Division of the Singapore High Court: Natural Forum
- 1 Structure and Nature of the Natural Forum Inquiry
- 2 Burden of Proof
- 3 Stage One of the Spiliada Test: Availability of the Foreign Forum
- 4 Stage One of the Spiliada Test: Connecting Factors
- 5 Stage Two of the Spiliada Test: Substantial Justice
- a) General considerations
- b) Applicability of stage two of Spiliada test to service out of jurisdiction cases?
- c) Relevant factors at stage two of Spiliada test
- 6 Waiving Rights to Apply for a Stay
- 7 Case Management: Forum Election
- G General Division of the Singapore High Court: Choice of Court Agreements
- 1 General
- 2 Scope of the Choice of Court Agreement
- 3 Exclusive and Non-Exclusive Choice of Court Agreements
- 4 Multiple or Competing Modes of Dispute Resolution Clauses
- 5 Exclusive Choice of Court Agreements: ‘Strong Cause’ Must be Shown to Justify Breach
- 6 Non-Exclusive Choice of Court Agreements: ‘Strong Cause’ Test or Spiliada Test?
- H Choice of Court Agreements Act 2016
- I Singapore International Commercial Court
- 1 Overview
- 2 Jurisdiction
- 3.254
- 3.255
- 3.256
- a) Proceedings relating to international commercial arbitration
- b) International and commercial disputes: written jurisdiction agreement
- 3.261
- 3.262
- i) Meaning of ‘international’ and ‘commercial’
- ii) Presumption of ‘international and commercial’ nature of the dispute
- iii) Meaning of ‘written jurisdiction agreement’, presumption of exclusivity, and construction
- iv) Service of originating application
- v) Existence and exercise of jurisdiction
- c) International and commercial disputes: transfer of case from the General Division to the SICC
- d) International and commercial disputes: transfer of case from the SICC to the General Division
- 3 Joinder of Additional Parties
- 4 Protective Measures
- Preliminary Material
- A Introduction
- B The Anti-Suit Injunction
- 1 Overview
- 2 Injunctive Jurisdiction and General Principles
- 3 Interim and Permanent Anti-Suit Injunctions
- 4 Anti-Anti-Suit Injunctions
- 5 Sufficient Connection
- a) Natural forum
- b) Single forum cases
- c) Protection of forum’s process
- d) Where there is a jurisdiction agreement
- i) An exclusive jurisdiction agreement in favour of the General Division of the High Court of Singapore
- ii) A non-exclusive jurisdiction agreement in favour of the General Division of the Singapore High Court
- iii) An exclusive jurisdiction agreement/non-exclusive jurisdiction agreement in favour of the SICC
- iv) An exclusive jurisdiction agreement in favour of a foreign court
- 6 Breach of Agreement
- 7 Quasi-Contractual Anti-Suit Injunctions
- 8 Vexation or Oppression
- 9 Anti-Suit Injunctions in Support of Foreign Litigation or Arbitration
- C Mareva Injunctions
- 1 General
- 2 Requirements
- 3 Post-Judgment Mareva Injunction
- 4 Worldwide Mareva Injunctions
- 5 Mareva Injunctions Against a Non-Cause of Action Defendant
- 6 Mareva Injunctions Against Persons Unknown
- D Search Orders
- 5 The Recognition and Enforcement of Foreign Judgments
- Preliminary Material
- A Introduction
- B Common Law Rules
- 1 Conceptual Justifications for Giving Effect to Foreign Judgments
- 2 Recognition versus Enforcement
- 3 Procedure for Enforcement
- 4 Requirements for Recognition and Enforcement of In Personam Foreign Judgments
- 5.20
- 5.21
- a) Judgment on the merits
- b) Fresh money judgment that is not a tax, fine, or other penalty
- c) Foreign court had international jurisdiction
- d) Final and conclusive judgment on the merits of the case
- e) Reciprocity?
- f) Defences
- 5 Severance
- 6 Estoppel
- 7 Judgments In Rem
- C Reciprocal Enforcement of Commonwealth Judgments Act 1921
- D Reciprocal Enforcement of Foreign Judgments Act 1959
- E Part 3 of the Choice of Court Agreements Act 2016
- F Hague Judgments Convention
- G Grant of an Injunction Against the Recognition or Enforcement of a Foreign Judgment
- H The Singapore Convention on Mediation
- 6 Choice of Law: General Issues
- 7 Choice of Law for Contractual Obligations
- Preliminary Material
- A Introduction
- B Identifying the Proper Law of the Contract
- C Specific Issues in Relation to the Proper Law of the Contract
- D Creation of the Contract
- E Public Policy and Illegality
- 1 Introduction
- 2 Forum International Public Policy
- 3 Place of Performance
- 4 Tainting by Foreign Illegality
- 5 Recognition versus Enforcement
- F UN Convention on Contracts for the International Sale of Goods
- 8 Choice of Law for Torts
- Preliminary Material
- A Introduction
- B The Double Actionability Rule
- C Particular Issues
- 1 Concurrent Claims
- 2 Renvoi
- 3 Damages
- 4 Defamation
- 5 Contractual Defence to Tort
- 9 Choice of Law for Unjust Enrichment, Equitable Obligations, and Trusts
- 10 Choice of Law for Property
- Preliminary Material
- A Introduction
- B Characterization
- C Contractual Issues, Proprietary Issues, and Party Autonomy
- D Renvoi
- E Inter Vivos Transactions Involving Proprietary Rights to Immovables
- F Inter Vivos Transactions Involving Rights to Tangible Movables
- G Assignment of Intangible Movables
- 1 The Lex Situs Rule? Identifying the Situs of Intangible Movables
- 2 Voluntary Assignment of Debts
- 10.44
- 10.45
- a) Contractual assignments: a distinction between assignability of the debt and the intrinsic validity of the assignment
- b) Contractual assignments: distinguish between contractual and proprietary questions?
- c) Contractual assignments: priority of competing assignments
- d) Contractual assignments: questions arising out of the relationship between the debtor and the assignee
- e) Assignment of multiple or future debts
- f) Non-contractual assignments
- 3 Voluntary Assignment of Other Intangibles
- 4 Involuntary Assignment of Intangibles
- 11 Corporations
- 12 International Insolvency and Corporate Restructuring
- Preliminary Material
- A Introduction
- B Corporate Insolvency and Restructuring
- 1 Overview of the Corporate Insolvency ‘Ecosystem’
- 2 Jurisdiction: Liquidation, Scheme of Arrangement, and Judicial Management
- 3 Choice of Law
- 4 Effects of Singapore Insolvency and Rehabilitation Proceedings
- 5 Recognition of Foreign Insolvency Proceedings
- 6 UNCITRAL Model Law on Cross-Border Insolvency
- a) Introduction
- b) Scope
- c) Singapore insolvency officeholder acting abroad
- d) What is a ‘foreign proceeding’?
- e) Access of foreign representatives and creditors to the Singapore court
- f) Recognition of a foreign proceeding
- g) Cooperation with foreign courts and foreign representatives
- h) Concurrent proceedings
- 7 Judicial Initiatives
- C Personal Bankruptcy
- Further Material