Treatment of Multi-Courts Jurisdiction Agreements

• Main Author: TAN, Seow Hon
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2000
• Subjects: Conflict of laws; private international law; choice of jurisdiction in contracts; multi-courts jurisdiction agreements; civil procedure; contract law; Singapore; Asian Studies; Courts; Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/647; https://ink.library.smu.edu.sg/context/sol_research/article/1646/viewcontent/SeowHonTanTreatmentofMult.pdf
• Institution: Singapore Management University

An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.