Natural Forum and the Elusive Significance of Jurisdiction Agreements

14 Pages Posted: 21 Dec 2006

See all articles by Tiong Min Yeo

Tiong Min Yeo

Singapore Management University - School of Law

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, i.e., the forum best suited to try the case for the interests of all the parties and the ends of justice. The approach in forum non conveniens is undisputed. A defendant who has been served with process within the jurisdiction seeking a stay of proceedings has to show that there is another available and competent forum which is clearly the more appropriate forum for the trial of the action. At this stage the court looks primarily to factors of convenience and expense and the connections of the parties and the issues in the case to determine the forum with which the action has the most real and substantial connection. If no clearly more appropriate forum is shown to exist, stay would ordinarily be refused. If there is such a forum, then the local proceedings will be stayed unless the circumstances show that the stay would deprive the plaintiff of substantial justice; the mere deprivation of the legitimate advantages of the plaintiff in having the trial in the forum is not decisive.

Suggested Citation

Yeo, Tiong Min, Natural Forum and the Elusive Significance of Jurisdiction Agreements. Singapore Journal of Legal Studies, pp. 448-461, 2005. Available at SSRN: https://ssrn.com/abstract=952930

Tiong Min Yeo (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore
+65.6828.0894 (Phone)
+65.6828.0805 (Fax)

HOME PAGE: http://www.law.smu.edu.sg

Register to save articles to
your library

Register

Paper statistics

Downloads
70
Abstract Views
1,335
rank
336,403
PlumX Metrics