Contractual and procedural effects of non-exclusive jurisdiction agreements

• Main Author: CHAN, Darius
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: Asian Studies; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/3033; https://ink.library.smu.edu.sg/context/sol_research/article/4991/viewcontent/Contractual_and_Procedural_Effects_of_Non_Exclusive_Jurisdiction_Agreements_LGUPD__2012__SLWC_6_v1.0.pdf
• Institution: Singapore Management University

In Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala, a respondent’s attempt to stay Singaporean proceedings on forum non conveniens grounds in favour of a non-exclusive jurisdiction (Hong Kong) was denied. In doing so, the Singapore Court of Appeal set out important principles concerning the legal effects of a non-exclusive jurisdiction agreement. This note makes a comparative analysis of the decision with English case law. It will be seen that the decision has taken a bold and firm step in a direction where English case law had previously tiptoed but still not fully embarked.