The Effective Reach of Choice of Law Agreements

• Main Author: YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2008
• Subjects: Asian Studies; Comparative and Foreign Law; Contracts; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/523; https://ink.library.smu.edu.sg/context/sol_research/article/1522/viewcontent/_2008_20SAcLJ723_YTM.pdf
• Institution: Singapore Management University

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what extent can or should the choice of law in contract be relevant to selection of the law applicable to non-contractual obligations in their disputes? It is also important to distinguish between these two situations if different legal consequences follow. This article addresses these issues, with specific reference to Singapore law.