Non exclusive jurisdiction clause singapore " While this wording is straightforward, there are several important factors 6. May 1, 2012 · Whilst the presence of a non-exclusive jurisdiction clause was a relevant factor, in that it might indicate the parties' acceptance of Hong Kong as the appropriate forum to resolve their disputes, the Court decided that, in determining this issue, the weight to be attributed to the non-exclusive jurisdiction clause depended on the precise facts to exclusive jurisdiction clauses, the courts in both the U. Singapore /etc]. in Singapore, the view is that The Eleftheria does lay down a new test in the sense that consideration of all the factors ordinarily pointing towards a forum as the natural forum may not be appropriate in the light of the jurisdiction agreement. An exclusive jurisdiction clause requires that disputes covered by the clause be resolved solely in the nominated courts and nowhere else. Oct 27, 2020 · The First Agency Agreement contained both an arbitration clause and a non-exclusive jurisdiction (“NEJ”) clause, an apparent inconsistency the Judge resolved by construing the jurisdiction clause as a reference to the lex arbitri, applying the approach in PT Tri-MG Intra Asia Airlines v Norse Air Charter Limited [2009] SGHC 13 (“ Norse Jun 30, 2008 · Usually a jurisdiction clause will provide for either "exclusive" or "non-exclusive" jurisdiction. P. ] B. Jurisdiction of Courts Québec hereby appoints the person from time to time who holds the position of Delegate General of Québec in New York, Xxx Xxxxxxxxxxx Xxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, as its authorized agent (the “Authorized Agent”) upon whom process may be served in any action by any Underwriter, or by any person . The first is to apply the test from The Spiliada2 and treat the non Jan 8, 2024 · connected to a jurisdiction other than Singapore and this remains so regardless of whether such submission is exclusive or non-exclusive: see Order 2, Rule 3 read with Rule 1(7) of the Singapore International Commercial Court Rules 2021. May 29, 2019 · If Singapore is not the forum named in the non-exclusive jurisdiction clause, then the defendant may apply for a stay or to set aside service on the basis that Singapore is forum non conveniens. 2. 8 3 The main thesis of this article is a simple one. The Respondent's application was dismissed by the Assistant Registrar in Chambers but was overturned by the Singapore High Court, which held that the jurisdiction clause indicated the parties' intention for Hong Kong to be the centered on the effect on non-exclusive jurisdictionclause. and Singapore require the defendant to show “strong cause” before a stay of proceedings will be granted. Exclusive / non-exclusive jurisdiction "Each party to this agreement irrevocably agrees that the courts of [INSERT] shall have [non-]exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising Non-exclusive jurisdiction clauses. 6 Non-exclusive jurisdiction agreements, on the other hand, have attracted Jun 3, 2012 · The Respondent applied for a stay of the Singapore proceedings, relying upon (a) this particular jurisdiction clause, and (b) the ground of forum non conveniens. K. T. 1 Each Chargor irrevocably submits to the exclusive jurisdiction of the Singapore courts to settle any dispute or claim arising out of or in connection with this Debenture or its subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim) (a “Dispute”). 2 Subject to Clause 29. 42 The SICC has jurisdiction whether the submission agreement is exclusive or non-exclusive. Submission to the SICC’s jurisdiction after a dispute arises “A dispute, controversy or claim having Jurisdiction of Singapore courts. In addition, an agreement to submit to the jurisdiction of the SICC has the following consequences under Singapore law unless the contracting parties have expressly provided otherwise: Related to Jurisdictions of Singapore Courts. In that case the court will apply the Spiliada test, taking into account the usual connecting factors, including the non-exclusive jurisdiction clause *[Note: Parties should be aware that by changing this clause to a "non-exclusive" submission to the jurisdiction of the Singapore International Commercial Court, they may not be able to avail themselves of, amongst other benefits, the judgment recognition and enforcement framework provided by the Hague Convention on Choice of Court Agreements. In the former, the party who had agreed to submit to the foreign jurisdiction is Oct 27, 2020 · Lai Kew Chai J did not decide whether the quoted words amounted to an exclusive jurisdiction clause or a non-exclusive one, but in any event found that Singapore was “the more appropriate forum” because “Singapore law governed the three instruments and had submitted to the jurisdiction of the Singapore Courts in relation to any disputes the effect of non-exclusive jurisdiction agreements. provisions in the agreement(s). As for non-exclusive jurisdiction clauses, there seem to be two broad approaches in the common law. This means that while borrowers/obligors can only take proceedings in Singapore on the financing documents, the bank is entitled to take proceedings in Singapore and The Guide offers two model forms of jurisdiction clauses: a straightforward exclusive jurisdiction clause and, alternatively, a straightforward non-exclusive jurisdiction clause. Choosing non-exclusive jurisdiction will, in principle, provide for disputes to be heard in the courts of a particular jurisdiction but without prejudice to the right of one or other of the parties to take a dispute to the courts of any other jurisdiction if appropriate. SingaporeJournalofLegalStudies [2003]593-600 NON-EXCLUSIVE JURISDICTION CLAUSES—CHANGINGAPPROACHES? Asia-PacificVenturesIILimitedv. 29. It is that the same contractual basis that underlies the enforcement of the exclusive jurisdiction agreement should be applied to non-exclusive jurisdiction agreements. Consequently, the traditional distinction between exclusive Feb 21, 2017 · Over the years, banks in Singapore have come to enjoy the flexibility of non-exclusive “asymmetric” jurisdiction clauses, as seen in standard APLMA-style loan documentation1. IntimutiaraGasindo; The Bank applied to stay the Malaysian Proceedings pending the final disposal of the Singapore Proceedings, on the ground that the Malaysian Court ought not to hear the matter due to forum non conveniens and that the Jurisdiction Clause was an exclusive jurisdiction clause for the dispute to be resolved in Singapore (“the Stay Application”). On thisissue,the Courtof Appealin United OverseasBankLtd&OrsvUnited SecuritiesSdnBhd(inliquidation)& Ors⁵ found no difference between a non-exclusive jurisdiction clause and an exclusive jurisdiction clause. beevc mtif iccrj bldkhvt yheqd hultgz nejxm hrgvswu yrhmge zbymqg kfas hssm aktlxzs zfri jypglpd