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Commercial Conflict of Laws Study Notes
LAW302 - Commercial Conflict of Laws
1 Found helpful • 30 Pages • Complete Study Notes • Year Uploaded: 2021
This set of study notes 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 common 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 set of notes is on Singapore conflict of laws, but comparisons will be made from time to time to the laws of other countries.
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