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Foreign law illegality and non-contractual claims

Written by Marcus Teo (Sheridan Fellow (Incoming), National University of Singapore) Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance. However, recent […]

Mareva injunctions, submission and forum non conveniens

Written by Marcus Teo (Sheridan Fellow (Incoming), National University of Singapore) The law in Singapore on Mareva injunctions supporting foreign proceedings is on the move again. The High Court’s recent decision in Allenger v Pelletier [2020] SGHC 279, issued barely a year after the Court of Appeal’s decision in Bi Xiaoqiong v China Medical Technologies […]

ABLI’s “Where in Asia” series

Written by Catherine Shen, Project Manager, Asian Business Law Institute    Read more… The ConflictofLaws.net previously published a short update on the Asian Principles for the Recognition and Enforcement of Foreign Judgments (Adeline Chong ed, Asian Business Law Institute, 2020) which was released in September 2020. Starting in November 2020, ABLI has been following up […]

Postponement of the next global Journal of Private International Law Conference

The 9th Journal of Private International Law Conference was due to be hosted by the Singapore Management University in 2021. Due to the ongoing pandemic, the Editors of the Journal (Professor Jonathan Harris QC of King’s College, London and Professor Paul Beaumont FRSE of the University of Stirling) and the conference organiser (Associate Professor Adeline […]

Fraud and Foreign Judgments under Singapore law

A foreign judgment is generally not to be reviewed on the merits at the recognition and enforcement stage. Yet, an exception has always been carved out for fraud under the common law rules on the basis that ‘fraud unravels everything’ (Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712 per Lord Denning). Thus, English […]

Jurisdiction in relation to hostile trust litigation

In Ivanishvili, Bidzina v Credit Suisse Trust Ltd [2020] SGCA 62, the Singapore Court of Appeal considered a number of issues: (1) whether a plaintiff could amend its Statement of Claim at the appellate stage to tilt the balance of connecting factors towards Singapore; (2) whether a clause in the trust deed identifying Singapore as […]

Out now: List of China’s Cases on Recognition of Foreign Judgments

Written by Dr Meng Yu and Dr Guodong Du, co-founders of China Justice Observer. [Note: Click on the tables to enlarge them.] A list of cases on the recognition and enforcement of foreign judgments between China and twenty (20) States and regions has been published by China Justice Observer, a legal information provider based in […]