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In force2020 Revised Edition

Part 2 · Jurisdiction

12. Where Singapore court is not chosen court

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(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.

Report

Part 3

Recognition and Enforcement of Foreign Judgments and Enforcement of Judicial Settlements

Part 4

Miscellaneous