4. Anti-Suit Injunctions

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Questions and Answers

Under what conditions may a non-contractual anti-suit injunction be granted by the Singapore courts?

The applicant must have objections to the foreign court's jurisdiction. (correct)

The Singapore court must intervene solely due to its belief that it is better-placed to try the dispute.

The Singapore court must have jurisdiction over the respondent. (correct)

There must be an existing Singapore jurisdiction clause.

What is the meaning of 'vexatious or oppressive' in the context of foreign proceedings?

Proceeds that are expensive but justified.

Proceeds that are logically derived from previous court rulings.

Proceeds that lead to significant financial gain.

Proceeds that involve oppressive procedures and denial of substantive justice. (correct)

What factor is typically subsumed under the 'injustice' enquiry concerning anti-suit injunctions?

The natural forum requirement.

The applicant's financial situation.

The delay of proceedings. (correct)

Presence of the respondent in Singapore.

What does 'comity' require from the Singapore court regarding foreign proceedings?

To refrain from intervening simply due to being better-placed to try the dispute. Signup and view all the answers

Which of the following circumstances typically characterize foreign proceedings that may warrant attention from the Singapore courts?

They are commenced in bad faith to frustrate local proceedings. Signup and view all the answers

What is the primary purpose of an anti-suit injunction?

To prevent fragmentation of proceedings and maintain Singapore court's jurisdiction. Signup and view all the answers

Which factor is a pre-requisite for the issuance of an interim injunction by the Singapore courts?

The defendants' amenability to the Singapore court's jurisdiction. Signup and view all the answers

In what situation would Singapore courts most likely deny an anti-suit injunction despite a jurisdiction clause in favor of Singapore?

If there is a strong cause not to enforce the jurisdiction clause. Signup and view all the answers

Which of the following factors concerning anti-suit injunctions deals directly with contractual obligations?

Whether the institution of foreign proceedings breaches any jurisdiction agreement. Signup and view all the answers

Why might a Singapore court be reluctant to grant anti-suit injunctions in cases where parties have chosen foreign courts?

To avoid interfering in international legal matters. Signup and view all the answers

What might trigger a Singapore court to consider the alleged injustice to the defendant in relation to anti-suit injunctions?

Deprivation of the advantages sought in foreign proceedings. Signup and view all the answers

What does the presence of a jurisdiction clause selecting Singapore courts imply for anti-suit injunctions?

It provides a stronger basis for enforcement against foreign proceedings. Signup and view all the answers

Which of the following is NOT considered a factor in determining the grant of an anti-suit injunction?

The financial implications of the foreign proceedings. Signup and view all the answers

Study Notes

Anti-Suit Injunctions (ASI)

ASIs prohibit the targeted party from commencing or continuing proceedings in a foreign court.
The rationale behind ASIs is to prevent fragmentation of proceedings and to protect the jurisdiction of the Singapore court.

Factors Considered for Granting an ASI

Jurisdiction (Factor a): The defendants must be amenable to the jurisdiction of the Singapore court. This is a prerequisite for granting an ASI.
Natural Forum (Factor b): The Singapore court should be the natural forum for resolving the dispute.
Vexation or Oppression (Factor c): There must be evidence that continuing foreign proceedings would be vexatious or oppressive to the claimant.
Injustice to the Defendant (Factor d): An ASI should not deprive the defendant of the advantages sought in the foreign proceedings. This consideration is often subsumed under factor (c).
Breach of Jurisdiction Agreement (Factor e): The institution of foreign proceedings should not be in breach of any jurisdiction agreement between the parties.

Contractual ASIs

When there is a jurisdiction clause choosing Singapore courts, courts readily grant ASIs to restrain foreign proceedings.
This upholds the principle of holding parties to their bargains.
Courts will not generally grant ASIs where parties choose the courts of a foreign state, even to restrain proceedings in another foreign state.

Contractual ASIs - Exceptions

Despite a Singapore jurisdiction clause, courts may deny an ASI if there is "strong cause" not to enforce the clause or the application was unreasonably delayed.
This is because even a non-chosen court has a legitimate interest in not having its time and expenses wasted.
An application is only considered reasonably delayed if the delay was due to the applicant's objections to the foreign court's jurisdiction.

Non-Contractual ASIs

Singapore courts are generally reluctant to grant ASIs when no Singapore jurisdiction clause exists.
The principle of comity requires the Singapore court not to interfere with foreign proceedings unless there are compelling reasons.
For a non-contractual ASI to be granted, the Singapore court must have jurisdiction, be the natural forum, and the foreign proceedings must be vexatious or oppressive.
Delay is also relevant in non-contractual ASI cases.

Non-Contractual ASIs - Vexation or Oppression

Foreign proceedings are considered "vexatious or oppressive" when they are effectively unconscionable.
Unconscionable proceedings may involve oppressive procedures, extreme inconvenience, or be commenced in bad faith.
Good faith requires that the foreign proceedings are not initiated solely to disrupt the Singapore proceedings.

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Description

This quiz explores the concept of Anti-Suit Injunctions (ASI), focusing on their purpose and the factors considered when granting them in Singapore courts. Learn about jurisdiction, the natural forum, and implications for defendants and claimants while understanding the court's role in preventing vexation or oppression in foreign proceedings.