School of Law
Academic Year 2009-2010 and Term 2
LAW302
Instructor Name:
Title:
Tel:
Email:
Office:
Commercial Conflict of Laws
Dr Adeline Chong
Assistant Professor
6828 0523
adelinechong@smu.edu.sg
School of Law, Level 4, Room 4037
PRE-REQUISITE/ CO-REQUISITE/ MUTUALLY EXCLUSIVE COURSE(S)
Pre-Requisite: EITHER Business Law with min Grade 'A-' OR Company Law with min
Grade 'A-' OR Contract Law 1 with min Grade 'A-' OR enrolled in the LLB Programme
COURSE DESCRIPTION
This course provides an overview of the fundamental principles and methodologies of the
conflict of laws (also known as private international law), with focus on their application in
commercial transactions. Cross-border commercial transactions are the norm in a modern
globalised era. The conflict of laws addresses three large questions: (1) in which country
should the case be tried? (2) which country’s law should be applied to resolve the dispute? (3)
What should be the legal effect in one country of a judgment given in another? From the
perspective of Singapore law, the questions translate into: (1) When would or should a
Singapore court hear the case (and sometimes try to stop it from being heard in another
country)? (2) Which country’s law would or should the Singapore court apply to resolve the
issue before it? And (3) What legal effect would or should a foreign judgment have in
Singapore? This is a course on Singapore conflict of laws, but comparisons will be made
from time to time to the laws of other countries.
COURSE OBJECTIVES
At the end of the course, students should be able to understand, describe and evaluate the
underlying concepts, principles, and methodologies in the conflict of laws in the specific
areas studied and to analyse factual matrices with a view to applying these principles. These
factual situations will generally be presented as hypothetical problems in seminar questions,
presentations, and examination questions.
By the end of this course, students will be able to:
• Assess whether the Singapore court can take jurisdiction in a litigation involving
cross-border elements;
• Assess whether the Singapore court will exercise its jurisdiction in a litigation
involving cross-border elements;
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Assess the impact of a choice of court agreement on the analysis of the two issues
above;
Assess the likelihood of obtaining an anti-suit injunction from the Singapore court in
the above situations;
Assess the likelihood of obtaining a Mareva injunction from the Singapore court in
the above situations;
Assess the impact of a foreign judgment under Singapore law;
Assuming that the Singapore court will hear the case and the issue is not precluded by
an effective foreign judgment, assess which country’s law the Singapore court will
apply to determine the issue. This will be done in the context of the selected situations
studied, focussing on aspects of contractual and non-contractual obligations, as well
as property;
Apply the underlying methodologies learnt to areas of law not covered in the course
(although this will not be assessed in this course)
ASSESSMENT METHODS
Class Participation:
Research Assignment:*
Group Project Presentation:
Final examination:
10 %
20 %
20 %
50 %
Total:
100%
(Throughout the term)
(due in Week 10)
(Throughout most of the term)
(Week 15)
*
This will be an individual paper of maximum 2500 words on a topic that is not covered, or
covered only in outline, in the course.
Academic Integrity
At SMU, we expect the highest standards of academic integrity from our students. There will
be sanctions for academic violations, which can range from failing the paper, course, or
suspension or expulsion. Academic violations include plagiarism as well as violations of and
academic nature of instructions for assignments and other assessments.
INSTRUCTIONAL METHODS AND EXPECTATIONS
The main medium of instruction will be by means of seminars, supplemented by group
presentations.
CONSULTATIONS AND TEACHING ASSISTANTS
Consultations by appointment.
CLASS TIMINGS
To be announced.
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RECOMMENDED TEXT AND READINGS
Textbook:
Jonathan Hill, International Commercial Disputes in English Courts (3rd ed, 2005, Hart
Publishing)
Useful further reading: Adrian Briggs, The Conflict of Laws (2nd ed, 2008, Clarendon Press)
General Reference Works:
Lawrence Collins (et al), Dicey, Morris and Collins: The Conflict of Laws (14th ed, 2006,
Sweet & Maxwell,)
James Fawcett and Janeen Carruthers, Cheshire, North and Fawcett: Private International
Law (14th ed, 2008, Oxford University Press)
There are a number of books which may be useful as supplementary readings:
Clarkson and Hill, The Conflict of Laws (3rd ed, 2006, Oxford University Press)
Collier, The Conflict of Laws (3rd ed, 2001, Cambridge University Press)
McClean and Beevers, Morris: The Conflict of Laws (7th ed, 2009, Sweet & Maxwell)
Additional specific readings may be assigned in the reading lists for each week’s seminar
topics.
TENTATIVE WEEKLY LESSON PLANS
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Topic Introduction/Jurisdiction: Jurisdiction in personam Jurisdiction: Forum Non Conveniens/Choice of Court Agreements Jurisdiction: Injunctions (Anti‐suit and Mareva) Foreign Judgments (Recognition/Enforcement) Foreign Judgments (Defences) Choice of Law: General Topics Choice of Law for Contracts (General issues) Choice of Law for Contracts (Particular issues) Choice of Law for Torts Choice of Law for Other Obligations Choice of Law for Property Miscellaneous Topics Reading Week Examination Activity Seminar Seminar Seminar Seminar Presentation 1/Seminar Presentation 2/Seminar Presentation 3/Seminar Recess Presentation 4/Seminar Presentation 5/Seminar Presentation 6/Seminar Presentation 7/Seminar Presentation 8/Seminar Reading Week Examination The schedule is fairly firm, but may be subject to changes due to exigencies.
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