Exploring a New Frontier in Singapore’s Private International Law: IM Skaugen SE v Man Diesel & Turbo SE  SGHCR 6
Singapore Academy of Law Journal, Vol. 28, pp. 649-666, 2016 (published on e-First 4 August 2016)
19 Pages Posted: 3 Sep 2016 Last revised: 27 Oct 2016
Date Written: August 4, 2016
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  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: Singapore International Commercial Court, private international law, conflict of laws, exercise of jurisdiction
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