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Singapore Legal System on Jurisdiction of International Civil Procedure

Author: WangZuo
Tutor: YuFei
School: Xiamen University
Course: International law
Keywords: Singapore International Civil Procedure Jurisdiction
CLC: D933.9
Type: Master's thesis
Year: 2009
Downloads: 95
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Abstract


The Jursdiction problems during international civil procedure is deemed to be the premise into the settlement of international civil disputes.Jurisdiction problems shall affect the selection of applying law of the civil disputes,therefore affect the case results and the interests of the parties.For the sake of protecting the internal interest,the Common Law theory and pratice of Conflict of Laws emphasize on the research into the jurisdiction problems.Singapore accepted the common law tradition and its legal system on international civil procedure jurisdiction is very advanced, which play an important part in the conflict of laws in Singapore.The statute law and case law constitute Singapore legal system on jurisdiction of international civil procedure.Both the ascertaining rules and the limiting rules have legal basis.Singapore accepted related rules from England into resolve the jurisdiction problems in the field of international civil procedure and made necessary amendments to them according to the justice pratice.The judges’discretion play an important role in this period.The character of Singapore legal system on jurisdiction of international civil procedure is related with its past and present legal circumstances, which not only accepted the British legal system,but also has its local feture and its jurisdiction tendency.This Article divides into three parts:Chapter 1,an introduction of the ascertaining rules of Singapore legal system on jurisdiction of international civil procedure,which including rules from statute law and rules from common law,such as common law rules on service abroad.Chapter 2,point out the situation in which Singapore courts shall not exercise its power on international civil procedure.These situations include state immunity, diplomatic immunity and exclusive jurisdiction of foreign cournts.Chapter 3,illustrate feasible ways that Singapore courts used to resolve the conflict of jurisdiction of international civil procedure.This part not only set forth forum non-convience rules,stay rules related to jurisdiction agreements and anti-siut injunction,but also intruduce and analyse related cases of Singapore courts.The end of the paper illustrate the character of Singapore legal system on jurisdiction of international civil procedure,and hold that it is that both the historical and present circumstances made Singapore legal system on jurisdiction of international civil procedure appare some tendency of extending its jurisdiction.

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