Conflict of laws

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Questions and Answers

What does the term conflict of laws describe?

Rules that determine which body of law should be applied in a particular legal dispute.

What is the first stage in determining the governing law of a contract?

Examining the contract to determine the intent of the parties.

Examining the contract to determine whether it expressly states the governing law. (correct)

Determining which system of law has the most close and real connection to the contract.

None of the above.

The 3-stage choice of law rule applies to all issues arising out of contract disputes.

False

What is the primary reason for the "flexible exception" to the "double actionability" rule in tort claims?

To prevent injustice when applying either the lex fori or the lex loci delicti would be unfair. Signup and view all the answers

What is the "lex loci delicti"?

The law of the location where the tort occurred. Signup and view all the answers

What is the "lex fori"?

The law of the forum, which is the jurisdiction where the court is located. Signup and view all the answers

Which of the following are considered factors for determining the objective and implied choice of law in a contract? (Select all that apply)

Currency of contract/payment. Signup and view all the answers

A choice of law is considered bona fide only if it is made for the sole purpose of evading the operation of a foreign law.

True Signup and view all the answers

What are the two major criteria that need to be met in the "double actionability" rule for a tort to be actionable in Singapore?

The tort must be actionable under both the law of the forum (lex fori) and the law of the place where the tort occurred (lex loci delicti). Signup and view all the answers

In what circumstances does the "flexible exception" to the "double actionability" rule apply?

When the lex fori and lex loci delicti are both fortuitous. Signup and view all the answers

What is the 'substance test' used to determine the place of a tort?

The test considers the series of events leading up to the tort and asks where, in substance, the cause of action arose. This involves looking at the material facts and circumstances surrounding the tort. Signup and view all the answers

What principle does the 'flexible exception' to the "double actionability" rule protect?

The right to a fair trial. Signup and view all the answers

The 'double actionability' rule applies to local torts, but the 'flexible exception' does not.

False Signup and view all the answers

In what circumstances might a foreign statute be presumed to not apply to activities outside of Singapore?

Singapore's Parliament is generally presumed to have intended for its laws to apply only to activities in Singapore, unless there is clear indication that the statute is intended to have extraterritorial application. Signup and view all the answers

What are the two main ways that Singapore courts may apply foreign law to a dispute?

Through the application of choice of law rules, which govern which jurisdiction's law will be applied, or through the application of forum mandatory rules, which are specific statutory provisions that override general choice of law principles. Signup and view all the answers

What does the term "submission by conduct" mean in the context of jurisdiction?

When a party takes a specific action, inconsistent with contesting the jurisdiction of a particular court. Signup and view all the answers

What is the "natural forum" for a dispute?

The court with the most direct connection to the parties and the dispute. Signup and view all the answers

What is the purpose of an anti-suit injunction?

To prevent a party from commencing or continuing proceedings in a foreign court in order to avoid fragmenting the legal process or being outflanked by the Singapore court's jurisdiction. Signup and view all the answers

What are the five factors considered in the "5-factor test" for granting an anti-suit injunction?

Breach of any jurisdiction agreement between the parties. Signup and view all the answers

A Singapore court will generally grant an anti-suit injunction to restrain foreign proceedings if the parties have agreed to the exclusive jurisdiction of the Singapore courts.

True Signup and view all the answers

What are the two primary reasons why a Singapore court might choose to refuse to grant an anti-suit injunction?

The application for the injunction is unreasonably delayed. Signup and view all the answers

A foreign judgment must be final and conclusive as to the merits of the dispute for it to be recognised by Singapore courts.

True Signup and view all the answers

What are the four ways a foreign court can establish jurisdiction over a judgment debtor?

A foreign court can establish jurisdiction over a judgment debtor if they were the claimant in the foreign proceedings, they were present in the foreign state, they submitted by conduct to the foreign proceedings, or they were a party to a jurisdiction clause choosing the foreign court in relation to the dispute. Signup and view all the answers

What is the significance of the "substance test" in the context of foreign judgments?

It ensures that the foreign judgment is based on relevant facts and evidence. Signup and view all the answers

Which of the following is NOT a valid defense against recognition of a foreign judgement?

The foreign judgement was issued in accordance with the principles of natural justice. Signup and view all the answers

Singapore courts can enforce a foreign judgment if it was procured by fraud.

False Signup and view all the answers

Issue estoppel can be used to prevent parties in Singapore proceedings from re-litigating an issue already decided in a previous foreign proceeding, even if the parties in the two proceedings are different.

False Signup and view all the answers

What are the two main types of estoppel that are relevant in the context of foreign judgments?

The two main types of estoppel are issue estoppel, which prevents the relitigation of a specific issue already decided in a previous proceeding, and Henderson estoppel, which applies a broader concept of res judicata, preventing the relitigation of closely related issues even if those issues were not specifically addressed in the prior proceedings. Signup and view all the answers

A foreign judgment can be enforced in Singapore via an action for an agreed sum if it involves a determination of a judgment-debtor's liability.

False Signup and view all the answers

A foreign judgment can be enforced in Singapore if it violates Singapore's public policy.

False Signup and view all the answers

What is the main principle behind the concept of "natural justice" in the context of foreign judgments?

The principle of natural justice ensures that a fair trial is conducted. The judgment-debtor must have received proper notice of the proceedings and have had an opportunity to present their case. Signup and view all the answers

Study Notes

Conflict of Laws - Lecture 1: Introduction

Conflict of laws are rules that determine which legal rules apply to a specific legal dispute.
It determines which courts should handle a legal dispute and the relevant legal system to be used.

Conflict of Laws - Lecture 2: Choice of Law (Contracts)

3-stage choice of law rule is invoked when there's no explicit choice of governing law.
- Stage 1: Does the contract specify the governing law?
- Stage 2: Does the contract's language or circumstances imply the governing law?
- Stage 3: What's the "objective" or most relevant connection to the contract's governing law.
Contract disputes covered by the 3-stage rule include validity, interpretation, enforceability, performance, and consequences of non-performance.
Exceptions to the 3-stage rule exist for formation and agency, governed by a similar rule.
Choice of law must be in good faith and permitted by the relevant jurisdiction.

Conflict of Laws - Lecture 2: Choice of Law (Tort)

Double actionability rule: A tort claim in Singapore must succeed under both Singapore law and the law of the place where the tort occurred.
Flexible exception: applies in instances where imposing the double actionability rule would result in injustice (e.g., when the tort's occurrence was fortuitous).
Factors to consider for objective and implied stages of choice of law include jurisdiction clauses in the contract, language, place of performance, currency, and other factors that reflect reasonable business practice.
Tort disputes: factors considered in selecting the governing law include the location of the negligent conduct or the place where the damage occurred.

Conflict of Laws - Lecture 3: Jurisdiction

Jurisdiction: determining whether a Singapore court is the appropriate forum for a dispute is essential for resolving conflicts.
The court should consider factors like party connections, availability of witnesses, governing law, and ongoing proceedings (using the Spiliada factors for assessment).
Jurisdictional clauses: explicit agreement between the parties, giving certain jurisdictions exclusive or non-exclusive authority for all disputes concerning the contract.

Conflict of Laws - Lecture 4: Anti-Suit Injunctions

Anti-suit injunctions: prevent parties from pursuing proceedings in a foreign jurisdiction, typically when the Singapore court is the more appropriate forum for the matter.
The Singapore court will issue an anti-suit injunction unless there is a strong counterargument with the presumption that the Singapore court should be the one hearing the case in the appropriate place
Factors for deciding on ASI include the availability of the court to hear the case, whether the issue is vexatious or oppressive to the claimant if the foreign proceedings are to continue, whether the defendant would be unjustly disadvantaged by the anti-suit injunction, and whether the foreign proceedings breach a jurisdiction clause.

Conflict Of Laws - Lecture 5: Foreign Judgements

Foreign judgments requirements: a foreign judgment must be recognized in Singapore only if it was issued by a foreign court having jurisdiction over the judgment-debtor and the case, and is conclusive in all respects regarding the case's merits.
Defence to recognition: possible defences to recognition include fraud, breach of natural justice, and public policy concerns.
Enforcement: foreign judgments, in the case of a definite sum of money, can be enforced as debt actions in Singapore.

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Conflict of laws

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Questions and Answers

What does the term conflict of laws describe?

What is the first stage in determining the governing law of a contract?

The 3-stage choice of law rule applies to all issues arising out of contract disputes.

What is the primary reason for the "flexible exception" to the "double actionability" rule in tort claims?

What is the "lex loci delicti"?

What is the "lex fori"?

Which of the following are considered factors for determining the objective and implied choice of law in a contract? (Select all that apply)

A choice of law is considered bona fide only if it is made for the sole purpose of evading the operation of a foreign law.

What are the two major criteria that need to be met in the "double actionability" rule for a tort to be actionable in Singapore?

In what circumstances does the "flexible exception" to the "double actionability" rule apply?

What is the 'substance test' used to determine the place of a tort?

What principle does the 'flexible exception' to the "double actionability" rule protect?

The 'double actionability' rule applies to local torts, but the 'flexible exception' does not.

In what circumstances might a foreign statute be presumed to not apply to activities outside of Singapore?

What are the two main ways that Singapore courts may apply foreign law to a dispute?

What does the term "submission by conduct" mean in the context of jurisdiction?

What is the "natural forum" for a dispute?

What is the purpose of an anti-suit injunction?

What are the five factors considered in the "5-factor test" for granting an anti-suit injunction?

A Singapore court will generally grant an anti-suit injunction to restrain foreign proceedings if the parties have agreed to the exclusive jurisdiction of the Singapore courts.

What are the two primary reasons why a Singapore court might choose to refuse to grant an anti-suit injunction?

A foreign judgment must be final and conclusive as to the merits of the dispute for it to be recognised by Singapore courts.

What are the four ways a foreign court can establish jurisdiction over a judgment debtor?

What is the significance of the "substance test" in the context of foreign judgments?

Which of the following is NOT a valid defense against recognition of a foreign judgement?

Singapore courts can enforce a foreign judgment if it was procured by fraud.

Issue estoppel can be used to prevent parties in Singapore proceedings from re-litigating an issue already decided in a previous foreign proceeding, even if the parties in the two proceedings are different.

What are the two main types of estoppel that are relevant in the context of foreign judgments?

A foreign judgment can be enforced in Singapore via an action for an agreed sum if it involves a determination of a judgment-debtor's liability.

A foreign judgment can be enforced in Singapore if it violates Singapore's public policy.

What is the main principle behind the concept of "natural justice" in the context of foreign judgments?

Study Notes

Conflict of Laws - Lecture 1: Introduction

Conflict of Laws - Lecture 2: Choice of Law (Contracts)

Conflict of Laws - Lecture 2: Choice of Law (Tort)

Conflict of Laws - Lecture 3: Jurisdiction

Conflict of Laws - Lecture 4: Anti-Suit Injunctions

Conflict Of Laws - Lecture 5: Foreign Judgements

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