This means that while an application under r 2 can only be taken out in respect of specified foreign countries, it is still open for the court, to order that foreign proceedings be commenced in any jurisdiction other than those specified in r 6 to seek a determination of an issue of foreign law.
Can courts apply foreign law?
Under the traditional rules, English courts can refuse to apply a foreign law that is contrary to English public policy. However, the threshold is very high: for example, where it would lead to a result “wholly alien to fundamental requirements of justice as administered by an English court”.
Does Singapore follow English law?
Being a former British colony, the legal system in Singapore is based on the English common law. All Singapore citizens are equal in the eyes of law irrespective of their race, religion and creed.
Can you have two governing laws in a contract?
Parties are free to choose either one or multiple applicable legal systems for their contract. They could also choose different laws for different aspects of the contract. … If parties do not specify the governing law, the courts will decide it for them.
What is the double Actionability rule?
DOUBLE ACTIONABILITY. [B] The double actionability rule for torts requires the plaintiff to show both that the act of the defendant would be actionable in the forum had it been committed in the forum and that it attracts civil liability by the law where the act was committed.
Is private international law is part of international law?
But there is also international law. International law applies: between different countries and to international organizations (public international law), and. between citizens of different countries (private international law).
What is jurisdiction in private international law?
Jurisdiction in private international law is concerned with the question of which court is competent to hear an international case. This is thus jurisdiction in the sense of adjudicatory jurisdiction. Adjudicatory, or judicial, jurisdiction in private international law deals with the conflict of jurisdictions.
Why does Singapore have strict laws?
Businesses and investors do not like uncertainty. This strictness is foundational to Singapore’s success. Singapore is strict on the individual so that the whole society can enjoy its liberty. We will ban, fine, and legislate the hell out of anything that benefits the minority but is detrimental to the majority.
Is Whatsapp messages legally binding Singapore?
Yes. In fact, Whatsapp chatlogs are being presented as evidence in Court all the time. If you have a case that relies heavily on Whatsapp chat log you will be happy to learn that Whatsapp chat logs can be used to help you support your claim.
Are Singapore courts independent?
Judicial independence is protected by Singapore’s Constitution, statutes such as the State Courts Act and Supreme Court of Judicature Act, and the common law. … Supreme Court justices enjoy security of tenure up to the age of 65 years, after which they cease to hold office.
Can governing law and jurisdiction be different countries?
The choice can apply to the whole or part of the contract. Where the contract does not set out the governing law the contract will be governed by the law with which it is most closely connected unless the contract is “manifestly more closely connected” with the law of a different country.
What law governs international contracts?
For international contracts, the U.N. Convention on Contracts for the International Sale of Goods is the default governing law.
Can a contract be silent on governing law?
Interestingly, parties to a contract that reside within the same state can instruct courts to apply the law of a different state to govern disputes. … Again, if the contract is silent on the appropriate venue and jurisdiction, the location of the defendant and where the transaction takes place is generally determinative.