Hague Convention On Choice Of Court Agreements Singapore

With regard to the recognition and enforcement of foreign judgments, the law becomes relevant where there is an exclusive court decision or exclusive jurisdiction clause in favour of a state contracting the Hague Convention. (c) the agreement between the applicant and the defendant, on the basis of which the English proceedings were initiated and the English judgment obtained, contained an “exclusive judicial decision”. The parties had therefore evaded the exclusive jurisdiction of the English courts; Earlier this year, Singapore followed the signing of the Hague Convention on the Election of Judicial Conventions[1] with the adoption of laws on the ratification and application of local force and the impact on the convention. [2] Singapore`s adoption of the agreement will undoubtedly promote the use of singapore courts and, in particular, the SICC. It will also help maintain the city-state`s position as an effective, effective, neutral and leading jurisdiction for the resolution of international trade disputes. Singapore`s signing and eventual ratification of the agreement will provide greater security for companies wishing to take their disputes to Singapore`s courts, including the newly created Singapore International Commercial Tribunal (SICC). It will also strengthen the applicability of certain court decisions in Singapore abroad. The High Court found that it was “questionable” that the English judgment “was not supplemented by intrinsic documents to formally constitute a “complete and certified copy of the foreign judgment (including, if applicable, the reasons for the Tribunal`s decision to render the judgment).” Of course, there are other bilateral agreements between states that are supposed to lead to a similar outcome, for example. B see Australian Foreign Judgments Act 1991 (Cth), which provides for the enforcement of certain judgments (prescribed by law).

However, the Hague Convention is more ambitious because it must have a multilateral effect. Rule 3: A judgment of an elected court of a contracting state must be recognized and executed in a court of another contracting state (subject to limited grounds of refusal, which are substantially equivalent to those of the New York Convention). [10] First, the law applies to the judgments of the courts of states parties to the Hague Convention. A “foreign judgment” is defined as a judgment by a court of a contracting state other than Singapore.

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