Conflict of Laws

13 cases · February 2025 to February 2026

Overview

Conflict of laws (additional catchword variant) appeared in 3 reported decisions between March 2025 and June 2025, heard across the Court of Appeal, the Singapore International Commercial Court, and the High Court (General Division). Issues included choice of law in insolvency proceedings with recognition and enforcement of foreign insolvency proceedings, restraint of foreign proceedings for breach of legal rights, and choice of jurisdiction.

Data coverage: between March 2025 and June 2025

Key Issues & Sub-Topics

Natural forum 4

Choice of law — Insolvency — Recognition and enforcement of foreign insolvency proceedings — Submission to foreign insolvency proceedings 1

Natural forum — Whether divorce proceedings in Singapore ought to be stayed based on forum non conveniens Domicile — Accommodation — Relevance to determination of domicile — Whether failure to own immoveable assets in Singapore negates intention to settle in this country Habitual residence — Whether mere possibility of cessation of employment negates habitual residence Family Law — Divorce — Stay of proceedings — Divorce proceedings in Singapore and France — Parties and their children are French citizens and have resided in Singapore for 10 years — Wife is working in Singapore and the children are studying in the French International School — Husband recently returned to France permanently — French courts obliged to apply Singapore law if they were to adjudicate on divorce and ancillary matters — Whether France is more appropriate forum to determine these matters — Whether divorce proceeding in Singapore should be stayed 1

Anti-suit injunction 1

Restraint of foreign proceedings — Breach of legal or equitable right not to be sued 1

Lis alibi pendens — Doctrine of forum election — Stay 1

Foreign judgments — Defences — Breach of natural justice — Whether notice of proceedings was given — Whether service was properly effected 1

Jurisdiction — Forum non conveniens 1

Foreign judgments — Enforcement — Stay of enforcement pending application to set aside foreign judgment in court of origin 1

Jurisdiction 1

Choice of jurisdiction 1

Court Distribution

SGHC 7 SGHCF 2 SGHCR 2 SGCA 1 SGFC 1 SGHC(I) 1

What choice of law disputes arise in Singapore courts?

Among 3 conflict of laws cases between March 2025 and June 2025, disputes involved choice of law in insolvency proceedings, restraint of foreign proceedings for breach of legal or equitable rights, and choice of jurisdiction across the Court of Appeal and SICC.