Singapore legislation

Section 9

of Choice of Court Agreements Act 2016

Section 9

Certain matters excluded from Act

(1)

This Act does not apply to an exclusive choice of court agreement if —

(a)

any party to the agreement is an individual who acts primarily in the capacity of a consumer; or

(b)

the agreement relates to a contract of employment or a collective agreement.

(2)

This Act does not apply to any of the following matters:

(a)

the status and legal capacity of an individual;

(b)

any matter relating to family law, including —

(i)

the rights or obligations arising out of a marriage or a similar relationship;

(ii)

divorce or the annulment or dissolution of a marriage;

(iii)

maintenance;

(iv)

matrimonial property; and (v)the custody of children;

(c)

any matter relating to succession, including wills, intestate succession, the provision of maintenance for a spouse or child of a deceased individual out of the deceased individual’s estate, the administration of estates and other probate matters;

(d)

bankruptcy, insolvency, composition or any analogous matter;

(e)

the carriage of passengers and goods;

(f)

any matter relating to any of the following:

(i)

marine pollution;

(ii)

limitation of liability for a maritime claim;

(iii)

general average;

(iv)

emergency towage and salvage;

(g)

any matter relating to competition or anti‑trust law;

(h)

liability for nuclear damage;

(i)

any claim for personal injury or death brought by or on behalf of an individual;

(j)

any tort or delict claim, for damage to any movable or immovable tangible property, that does not arise from a contractual relationship;

(k)

any right in rem in any immovable property or any tenancy of immovable property;

(l)

the validity, nullity or dissolution of any legal person, or the validity of a decision of the management of the legal person;

(m)

the validity of any intellectual property right (other than copyright and related rights);

(n)

the infringement of any intellectual property right (other than copyright and related rights) except any infringement proceedings that are or could have been brought for breach of a contract between the parties relating to that intellectual property right;

(o)

the validity of an entry in a public register.

(3)

This Act does not apply to an arbitration or any proceeding related to an arbitration.

(4)

The Minister may by regulations made under section 22 —

(a)

exclude from the application of this Act —

(i)

any specific matter; or

(ii)

any specific matter in relation to any Contracting State; or

(b)

modify the application of this Act or any provision of this Act to —

(i)

any specific matter; or

(ii)

any specific matter in relation to any Contracting State.

(5)

Despite subsections (2) and (4)(a), the raising in any court proceedings of a matter mentioned in subsection (2) or (4)(a) as a preliminary question or defence, and not as an object of the proceedings, does not prevent this Act from applying to those proceedings.

(6)

A proceeding under a contract of insurance or reinsurance is not excluded from the application of this Act by reason only that the contract relates to a matter to which this Act does not apply.

(7)

A proceeding is not excluded from the application of this Act by reason only that a State (including a government, a government agency or any person acting for a State) is a party to the proceeding.

(8)

This Act does not affect the privileges and immunities of a State or an international organisation, in respect of the State or international organisation and of its property.

Read in full context — Choice of Court Agreements Act 2016 →