Exploring a New Frontier in Singapore’s Private International Law: IM Skaugen SE v Man Diesel & Turbo SE [2016] SGHCR 6

Singapore Academy of Law Journal, Vol. 28, pp. 649-666, 2016 (published on e-First 4 August 2016)

Singapore Management University School of Law Research Paper No. 22/2016

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

See all articles by Kenny Chng

Kenny Chng

Singapore Management University

Date Written: August 4, 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: Singapore International Commercial Court, private international law, conflict of laws, exercise of jurisdiction

Suggested Citation

Chng, Kenny, Exploring a New Frontier in Singapore’s Private International Law: IM Skaugen SE v Man Diesel & Turbo SE [2016] SGHCR 6 (August 4, 2016). Singapore Academy of Law Journal, Vol. 28, pp. 649-666, 2016 (published on e-First 4 August 2016), Singapore Management University School of Law Research Paper No. 22/2016, Available at SSRN: https://ssrn.com/abstract=2833403

Kenny Chng (Contact Author)

Singapore Management University ( email )

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

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