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6 Choice of Law: General Issues

Adeline Chong, Man Yip

From: Singapore Private International Law: Commercial Issues and Practice

Adeline Chong, Yip Man

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Choice of court and jurisdictional agreements — Applicable law — Contractual obligations

This chapter looks into some general choice of law issues that underpin the choice of law process. It explains the limit of the claimant’s ability to control the law governing its claim, which primarily revolves around pursuing non-contractual causes of action in an attempt to escape from a contractual choice of law. The court must engage in a three-stage process of characterisation endorsed by the Singapore Court of Appeal to determine the applicable law. The chapter then considers whether certain matters are substantive or procedural in nature, such as limitation statutes and the doctrine of legal professional privilege. It explains that Singapore courts have not dealt with the incidental question in commercial cases, and it is unclear if international harmony or internal consistency should be prioritized for this concept.

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