3. Jurisdiction of Law

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Questions and Answers

What determines whether Singapore courts can adjudicate a dispute involving a defendant?

The defendant's legal representation

The nature of the dispute

The structure of jurisdictional rules (correct)

The defendant's home country

Which statement describes the existence of jurisdiction in Singapore?

Jurisdiction is established solely based on the type of dispute.

Jurisdiction can be established through the defendant's presence in Singapore. (correct)

Jurisdiction depends exclusively on international treaties.

Jurisdiction is automatically granted if both parties agree.

What must be assessed when determining if Singapore should exercise its jurisdiction over a dispute?

Whether other courts with jurisdiction are better suited for adjudication (correct)

The length of time the dispute has been ongoing

The financial status of the parties involved

The preferences of the plaintiff regarding court location

Which of the following is NOT a mode of service that can establish jurisdiction in Singapore?

International service Signup and view all the answers

What is implied by the term 'submission by conduct' in the context of jurisdiction?

Actions that imply acceptance of jurisdiction without explicit agreement Signup and view all the answers

Under what condition can a foreign company be deemed 'present' in Singapore?

If it has or intends to establish a place of business in Singapore. Signup and view all the answers

What must D prove to establish that Singapore is 'forum non conveniens'?

That the dispute is unrelated to Singapore. Signup and view all the answers

Which factor is NOT considered under the Spiliada factors for determining the natural forum?

The expenses incurred by legal counsel. Signup and view all the answers

What is the implication of a company's fleeting presence in Singapore?

It does not automatically allow for adjudication over disputes connected with that company. Signup and view all the answers

How is the determination of the natural forum characterized according to the content?

As a non-mechanistic balancing exercise. Signup and view all the answers

What must be demonstrated for a stay of proceedings to be granted when a jurisdiction clause is in place?

There must be no strong cause against the parties' agreement. Signup and view all the answers

What factor is NOT considered significant under the 'strong cause' test?

The parties' initial choice of jurisdiction. Signup and view all the answers

Under which condition will Singapore courts stay proceedings, according to the text?

If Singapore is deemed not to be the natural forum. Signup and view all the answers

What scenario applies when parties submit to the non-exclusive jurisdiction of a foreign court?

Singapore's courts will not stay unless Singapore is not the natural forum. Signup and view all the answers

Which of the following best describes the nature of the 'strong cause' test?

It imposes a more rigorous standard than the natural forum test. Signup and view all the answers

What does a jurisdiction clause establish in terms of legal jurisdiction?

A sufficient nexus between Singapore and the dispute Signup and view all the answers

If a jurisdiction clause provides for service out in a specific manner, what is not required for exercising jurisdiction?

The court's prior approval Signup and view all the answers

Which statement about jurisdiction clauses is true?

They can establish jurisdiction based on contractual agreements. Signup and view all the answers

What must be shown for the courts to be deemed the appropriate forum under PD 63(2)(b)?

Singapore needs to be the forum conveniens Signup and view all the answers

What happens if a jurisdiction clause does not expressly provide for service out?

The court must evaluate its exercise of jurisdiction. Signup and view all the answers

Which of the following scenarios allows the Singapore court to exercise its jurisdiction without approval?

When the defendant agrees to submit to the court's jurisdiction Signup and view all the answers

For what purpose can service out of Singapore occur under ROC O 8 r 1(1)?

If it can be demonstrated that the court has jurisdiction Signup and view all the answers

Which characteristic differentiates exclusive jurisdiction from non-exclusive jurisdiction in the context of a jurisdiction clause?

Exclusive jurisdiction permits only one court to hear the case. Signup and view all the answers

What condition must be satisfied for a contractual dispute to be considered to have a sufficient nexus in Singapore?

The contract is expressly governed by Singapore law. Signup and view all the answers

In tort disputes, which of the following elements would NOT contribute to establishing jurisdiction in Singapore?

An act or omission occurring outside of Singapore. Signup and view all the answers

What does PD 63(3)(e) stipulate regarding the enforcement of a contract?

It can relate to a breach that renders performance impossible in Singapore. Signup and view all the answers

In the context of tort claims, what is true about the concept of 'damage'?

Damage refers to a financial act of incurring loss for a company. Signup and view all the answers

What is the burden of proof in service out cases regarding the natural forum?

It lies with the claimant to show Singapore is the natural forum. Signup and view all the answers

Which of the following scenarios would most likely NOT establish jurisdiction for a contractual dispute?

The contract is governed by the laws of another country. Signup and view all the answers

Which clause effectively gives Singapore's courts jurisdiction over a dispute?

A jurisdiction clause. Signup and view all the answers

What must a claimant demonstrate regarding jurisdiction in service out cases?

That Singapore is the most convenient forum for adjudication. Signup and view all the answers

For which type of tort disputes is the place of incorporation relevant in determining where damage is suffered?

Battery claims. Signup and view all the answers

Which situation would render a claim justiciable in Singapore?

The claim is based on an act committed in Singapore. Signup and view all the answers

Study Notes

Jurisdiction Rules

Determines whether Singapore courts can and should adjudicate on a particular dispute involving a particular defendant
Disputes can be connected to several different jurisdictions - jurisdictional rules say whether Singapore is sufficiently connected to the dispute for its courts to adjudicate upon it

The structure of jurisdictional rules

Two questions to consider: Can Singapore's courts exercise jurisdiction over a particular defendant in relation to a particular dispute? Should Singapore's courts exercise jurisdiction over a particular defendant in relation to a particular dispute?
Existence of jurisdiction: Whether there is a legal nexus between the defendant or dispute and Singapore
Exercise of jurisdiction: Whether, even if it has jurisdiction, the Singapore court is better-placed to adjudicate on the dispute than other courts which also have jurisdiction

Service in/out of jurisdiction

Service in: D’s presence in Singapore is sufficient to establish jurisdiction
Presence in Singapore: Individuals considered "present" even briefly (Burgundy)
Companies: Deemed “present” if: It is a Singapore-incorporated company (Companies Act 1967 s 387), or it is a foreign company, and it has, or intends to, establish a place of business or carry on business in Singapore (CA ss 368 and 376)
Service out: The "sufficient nexus" in contractual disputes: Contract made in Singapore or as a result of an essential step. Contract made by or through an agent trading or residing in Singapore. Contract governed by Singapore law. Contract contains a jurisdiction clause.
The "sufficient nexus" in tort disputes: Where C’s claim is founded on a tort which has, as one of its elements, an act or omission in Singapore. Where C’s claim is wholly or partly founded on damage suffered in Singapore caused by the tort. Where C’s claim is for the recovery of damages in respect of damage suffered in Singapore caused by the tort. Where C’s claim is founded on a cause of action arising in Singapore.

Jurisdiction clauses

A contractual term which purports to give Singapore’s courts jurisdiction over parties’ dispute.
Types: Exclusive jurisdiction clause: "All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of Singapore." Non-exclusive jurisdiction clause: "All disputes arising out of this contract shall be subject to the non-exclusive jurisdiction of the courts of Singapore [and other state(s)]"
A jurisdiction clause can establish jurisdiction in two ways: Expressly provide for service out in a particular manner, and such service will provide a basis for jurisdiction. Establish a “sufficient nexus” between Singapore and the dispute for the purposes of PD 63(2)(a).
Exercise of jurisdiction: If a jurisdiction clause expressly provides for service out in a particular manner, the court will invariably exercise its jurisdiction. If the clause does not expressly provide for service, the question whether Singapore’s courts should exercise its jurisdiction remains - a "strong cause" test is used instead of the natural forum test.
Strong cause test: A stay is harder to get in this test. Only factors which were unforeseeable when parties made the jurisdiction agreement will be given significant weight.
**Strong cause test for non-exclusive jurisdiction clauses: ** If parties submit to non-exclusive jurisdiction of a foreign court: Singapore proceedings will not be stayed unless Singapore is not the natural forum. If parties submit to non-exclusive jurisdiction of Singapore court: Singapore proceedings not be stayed unless there is strong cause to.

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Description

Explore the intricacies of jurisdictional rules in Singapore, focusing on how courts determine their authority over disputes and defendants. The quiz will cover key concepts such as the existence and exercise of jurisdiction, alongside considerations of service in and out of the jurisdiction.