Natural Forum and the Elusive Significance of Jurisdiction Agreements
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2005
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/761 https://ink.library.smu.edu.sg/context/sol_research/article/1760/viewcontent/NaturalForumElusiveSigJurisdictionAgreements_2005_pp.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an irrelevant consideration in deciding where the dispute should be resolved. In the end, The Rainbow Joy was a straightforward case on the facts. The Court of Appeal pointed out that the only link between the case and Singapore was that the appellant had joined the ship in Singapore, and this was irrelevant to the claims. |
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