Page:Choice of Court Agreements Act 2016.pdf/7

Rh : Contracting State to the exclusion of the jurisdiction of any other courts.

(2) A choice of court agreement between 2 or more parties which satisfies the following requirements is deemed to be an exclusive choice of court agreement, unless the parties to the agreement expressly provide otherwise:
 * (a) the agreement is concluded or documented—
 * (i) in writing; or
 * (ii) by any other means of communication which renders the information communicated accessible so as to be usable for subsequent reference;
 * (b) the agreement designates, for the purpose of deciding any dispute which arises or may arise in connection with a particular legal relationship, the courts, or one or more specific courts, of one Contracting State.

Meaning of “international case”

4.—(1) For the purposes of Part 2, a case is an international case unless—
 * (a) the parties to the case reside in the same Contracting State; and
 * (b) the relationship of the parties and all other elements relevant to the dispute (other than the location of the chosen court) are connected only with that Contracting State.

(2) For the purposes of Part 3, a case is an international case if the claim is for—
 * (a) the recognition, or recognition and enforcement, of a foreign judgment; or
 * (b) the enforcement of a judicial settlement recorded before a court of a Contracting State (other than Singapore).

Exclusive choice of court agreement as independent agreement

5. Where an exclusive choice of court agreement forms part of a contract—