The Applicability of Choice of Law Rules in a Question of Jurisdiction: Metall Und Rohstoff and the Ts Havprins Revisited

Abstract

Order 11 rule 1 of the Rules of Court, which has been described as representing the 'exorbitant' extra-territorial jurisdiction of the courts, comprises some 19 sub-rules which lay down the various instances in which such jurisdiction may be exercised. . . . The cases of Metall und Rohstoff AG v Donaldson, Lufkin & Jenrette Inc [[1990] 1 QB [Queen's Bench] 391] and The TS Havprins [[1983] 2 Lloyd's Rep 356] appear to highlight the differing approaches that the English courts have adopted in the interpretation of the English equivalent of Ord 11 r 1. . . .

Keywords: Civil procedure, choice of law, extra-territorial jurisdiction, Singapore

JEL Classification: K41