In our previous article, we discussed Singapore's signing of the Hague Convention on Choice of Court Agreements (the Convention) on 25 March 2015 and the likely effect this would have on the Singapore International Commercial Court (SICC) and Singapore's profile as a regional and global centre for dispute resolution. On 4 April 2016, Singapore tabled the Choice of Court Agreements Bill (the Bill) paving the way for ratification of the Convention.
At the moment the Convention, which aims to uphold jurisdiction clauses and make judgments obtained under those clauses easier to enforce, applies only as between Mexico and the EU member states (other than Denmark). Its ratification by Singapore would add greatly to its significance.
The Bill, which seeks to implement Singapore's obligations under the Convention, will provide increased certainty for parties to cross-border agreements involving entities from States which are parties to the Convention (the Contracting States). This is primarily achieved in the following two ways: (i) by respecting and enforcing parties' exclusive jurisdiction clauses; and (ii) by increasing the recognition and enforcement of judgments of the courts of Contracting States.
Click here to read more about this development.
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
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Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.