Singapore legislation

Section 12

of Choice of Court Agreements Act 2016

Section 12

Where Singapore court is not chosen court

(1)

Despite any other written law or rule of law, if an exclusive choice of court agreement does not designate any Singapore court as a chosen court, a Singapore court must stay or dismiss any case or proceeding to which the agreement applies, unless the Singapore court determines that —

(a)

the agreement is null and void under the law of the State of the chosen court;

(b)

a party to the agreement lacked the capacity, under the law of Singapore, to enter into or conclude the agreement;

(c)

giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of Singapore;

(d)

the agreement cannot reasonably be performed for exceptional reasons beyond the control of the parties to the agreement; or

(e)

the chosen court has decided not to hear the case or proceeding.

(2)

This section does not affect the ability of a Singapore court to stay or dismiss the case or proceeding on other grounds.