Ratification will take effect on 1 October 2016.
On 2 June, Singapore ratified the Hague Convention on Choice of Court Agreements (the Convention). The Convention will take effect under domestic legislation through enactment of the Choice of Court Agreements Act (the Act), which is due to come into force on 1 October 2016. The ratification represents another step that the Singapore government has taken to establish Singapore as a dispute-resolution hub in Asia and comes a year and a half after the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015.
The Convention’s benefits for businesses are two-fold. First, it gives certainty to businesses by requiring that contracting states to the Convention must stay or decline to hear a matter if the contract in question provides for Singapore’s courts to have exclusive jurisdiction. The converse is also true—Singapore’s courts must stay or decline to hear disputes when a contract specifically provides for another contracting state to have exclusive jurisdiction.
Second, the mutual recognition of court judgments will lower the enforcement costs of Singapore court judgments, including SICC judgments, in other contracting states.
However, importantly, the Convention does not apply in the following situations:
The Convention aims to replicate for exclusive choice of court clauses and court judgments what the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has done for international commercial arbitration and the enforceability of its awards. To date, the Convention already has significant international reach, with 28 contracting states, including member states of the European Union (with the exception of Denmark).
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact Daniel Chia, a solicitor of Morgan Lewis Stamford LLC, a Singapore law corporation affiliated with Morgan Lewis & Bockius LLP.