Breach of Agreement Versus Vexatious, Oppressive and Unconscionable Conduct: Clarifying Their Relationship in the Law of Anti-Suit Injunctions

Singapore Academy of Law Journal, Vol. 27, pp. 340-368, 2015

Singapore Management University School of Law Research Paper No. 21/2016

30 Pages Posted: 3 Sep 2016 Last revised: 27 Oct 2016

See all articles by Kenny Chng

Kenny Chng

Singapore Management University

Date Written: September 1, 2015

Abstract

Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good foundation in principle for the applicable rules of law and provide a principled foundation for the “strong reasons” standard.

Keywords: Anti-suit injunctions, breach of agreement, vexatious and oppressive conduct, Singapore

Suggested Citation

Chng, Kenny, Breach of Agreement Versus Vexatious, Oppressive and Unconscionable Conduct: Clarifying Their Relationship in the Law of Anti-Suit Injunctions (September 1, 2015). Singapore Academy of Law Journal, Vol. 27, pp. 340-368, 2015, Singapore Management University School of Law Research Paper No. 21/2016, Available at SSRN: https://ssrn.com/abstract=2833402

Kenny Chng (Contact Author)

Singapore Management University ( email )

Li Ka Shing Library
70 Stamford Road
Singapore 178901, 178899
Singapore

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