Law of Singapore
The Singapore court will apply the common law. Under the common law, the choice of the parties will be given
effect to, unless the choice is not bona fide or legal or if the choice is against public policy. The
application of the chosen law is, consistent with prevalent principles of conflict of laws, subject to the
fundamental public policies and international mandatory rules of the forum
'There is no requirement for any connection between the parties or the transaction and the country
which law is chosen. There is no possibility of the application of a foreign law that is not the chosen law.
Moreover, the Singapore court has taken a very narrow approach to the limitations to party autonomy in choice
of law. It has interpreted the last limitation as equivalent to the requirement that the application of the
law chosen by the parties should not be against the fundamental public policy of the forum, which is a
standard limitation to all choice of law rules in the common law.
Effectively, the only qualification to the parties’ choice of law is the principle that if the only
purpose of choosing the law was to evade the operation of the law of a country that would otherwise apply to the
contract in the absence of the choice of law, then the choice would not be regarded as bona fide.
The Singapore Legal System
Singapore's law is founded on the Constitution, legislation, subsidiary legislation and judge-made law.
The Constitution lays down the fundamental principles and basic framework for the three organs of state, namely,
the Executive, the Legislature and the Judiciary. It also enshrines the fundamental rights of the individual
vis-à-vis the state.
The Executive includes the President and the Cabinet. The Cabinet comprises the Prime Minister and other Ministers
and it is responsible for the general direction and control of the Government and accountable to Parliament.
The Legislature comprises the President and Parliament and is the legislative authority responsible for enacting
legislation. The Presidential Council for Minority Rights plays an important role in scrutinising Bills that are
tabled before Parliament to ensure that they do not contain racial or religious discriminations.
The Judiciary's function is to independently administer justice. The Judiciary is safeguarded by the
Commercial law (also known as business law) is
the body of law which governs business and commerce. It is often considered to be a branch of civil law and deals
both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and
the manufacture and sales of consumer goods.