Page:Choice of Court Agreements Act 2016.pdf/12

12 (5) Where a chosen court in Singapore has a discretion whether to transfer to another Singapore court a case to which an exclusive choice of court agreement applies, the chosen court must, before exercising that discretion, take into account the parties’ choice of court.

Where Singapore court is not chosen court

12.—(1) Despite any other written law or rule of law, if an exclusive choice of court agreement does not designate any Singapore court as a chosen court, a Singapore court must stay or dismiss any case or proceeding to which the agreement applies, unless the Singapore court determines that—
 * (a) the agreement is null and void under the law of the State of the chosen court;
 * (b) a party to the agreement lacked the capacity, under the law of Singapore, to enter into or conclude the agreement;
 * (c) giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of Singapore;
 * (d) for exceptional reasons beyond the control of the parties to the agreement, the agreement cannot reasonably be performed; or
 * (e) the chosen court has decided not to hear the case or proceeding.

(2) This section does not affect the ability of a Singapore court to stay or dismiss the case or proceeding on other grounds. PART 3 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS AND ENFORCEMENT OF JUDICIAL SETTLEMENTS Recognition and enforcement of foreign judgments

13.—(1) An application may be made to the High Court for a foreign judgment to be recognised, or to be recognised and enforced,