Publication Type

Journal Article

Version

acceptedVersion

Publication Date

12-2005

Abstract

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an irrelevant consideration in deciding where the dispute should be resolved. In the end, The Rainbow Joy was a straightforward case on the facts. The Court of Appeal pointed out that the only link between the case and Singapore was that the appellant had joined the ship in Singapore, and this was irrelevant to the claims.

Keywords

Jurisdiction, Court hearings and proceedings, Trials, Singapore, Disputes

Discipline

Asian Studies | Courts | Dispute Resolution and Arbitration | Jurisdiction

Research Areas

Dispute Resolution

Publication

Singapore Journal of Legal Studies

Volume

[2005]

Issue

2

First Page

448

Last Page

461

ISSN

0218-2173

Publisher

National University of Singapore Faculty of Law

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