15 February 2022 Posted in Parliamentary speeches and responses
Mr Murali Pillai (Member of Parliament for Bukit Batok SMC)
To ask the Minister for Law what is the progress of the Ministry’s feasibility study on the possibility of Singapore acceding to the Hague Service Convention.
- The Hague Service Convention is an international treaty that facilitates and streamlines the transmission of judicial and extrajudicial documents for service abroad in civil and commercial matters.
- After undertaking a careful review of the Convention and consulting stakeholders, we have decided to accede to the Convention. By becoming a Party to the Convention, Singapore will be able to leverage an internationally harmonised set of rules for the service of judicial and extrajudicial documents abroad in many jurisdictions, including many of Singapore’s major trading partners. As the channels of transmission are internationally recognised, this would go towards ensuring that Singapore legal proceedings are not challenged or stayed due to invalid service, and the Singapore judgment that is subsequently issued may be recognised or enforced outside Singapore. This would, in turn, provide legal certainty for Singapore litigants in civil and commercial matters. For example, in the course of a commercial dispute involving a Singapore litigant and a defendant who is located overseas, the Convention may be utilised to validly serve a Writ of Summons on the overseas defendant. Subsequently, if the Singapore courts issue a judgment in favour of the Singapore litigant, the latter may seek to enforce the judgment in the jurisdiction where the defendant’s assets are located.
- We are currently working on the draft legislation to give effect to the Convention.
Last updated on 15 February 2022