Title

Exploring A New Frontier in Singapore's Private International Law: IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6

Publication Type

Journal Article

Publication Date

9-2016

Abstract

The establishment of the Singapore International Commercial Court (“SICC”) marks a significant development in Singapore’s private international law. This note leverages on the Singapore High Court decision of IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6 to discuss two key issues raised by the SICC: the relationship between the Singapore High Court’s and the SICC’s jurisdictional rules, and the applicable test for the exercise of the SICC’s jurisdiction. This note argues that the possibility of a transfer to the SICC should influence the High Court’s exercise of its international jurisdiction, and that the SICC should not apply the common law jurisdictional approaches for the exercise of its international jurisdiction, but a unique test that recognises the competing policy objectives it has to balance.

Keywords

conflict of laws, private international law, Singapore International Commercial Court, exercise of jurisdiction

Discipline

Asian Studies | Commercial Law | International Law

Research Areas

Commercial Law

Publication

Singapore Academy of Law Journal

Volume

28

First Page

649

Last Page

666

ISSN

0218-2009

Publisher

Singapore Academy of Law

Additional URL

http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/Current-Issue/ctl/eFirstPublicAbstractView/mid/494/ArticleId/1165?Citation=(2016)+28+SAcLJ+649