The impact of the Singapore International Commercial Court and Hague Convention on choice of court agreements on Singapore’s private international law

• Main Author: CHNG, Wei Yao, Kenny
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2018
• Subjects: private international law; conflict of laws; Singapore International Commercial Court; Courts; International Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2737; https://ink.library.smu.edu.sg/context/sol_research/article/4695/viewcontent/SSRN_id3038583.pdf
• Institution: Singapore Management University

The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and principled body of law. In addition, this article examines the experience of the Dubai International FinancialCentre Court to elucidate lessons for the development of the SICC’s jurisdictional rules.