REPUBLIC OF SINGAPORE
Published by Authority
|NO. 11]||Friday, June 1||[2012|
The following Act was passed by Parliament on 9th April 2012 and assented to by the President on 15th May 2012:—
Foreign Limitation Periods Act 2012
(No. 13 of 2012)
TONY TAN KENG YAM,
15th May 2012.
Date of Commencement: 1st June 2012
An Act to provide for any law relating to the limitation of actions to be treated, for the purposes of cases in which effect is given to foreign law or to determinations by foreign courts, as a matter of substance rather than as a matter of procedure, and to make consequential amendments to certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
1. This Act may be cited as the Foreign Limitation Periods Act 2012 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
—(1) Subject to the following provisions of this Act, where in any action or proceedings in a court in Singapore the law of any other country falls (in accordance with rules of private international law applicable by any such court) to be applied in the determination of any matter —
the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings; and
the law of Singapore relating to limitation shall not so apply.
(2) Where a foreign law falls to be considered for the purpose of actionability under a choice of law rule, that foreign law shall be deemed to apply under subsection (1).
(3) The law of Singapore shall determine for the purposes of any law applicable by virtue of subsection (1)(a) whether, and the time at which, proceedings have been commenced in respect of any matter.
(4) A court in Singapore, in exercising in pursuance of subsection (1)(a) any discretion conferred by the law of any other country, shall so far as practicable exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country.
(5) In this section, “law”, in relation to any country, shall not include rules of private international law applicable by the courts of that country or, in the case of Singapore, this Act.
—(1) In any case in which the application of section 3 would to any extent conflict with public policy, that section shall not apply to the extent that its application would so conflict.
(2) The application of section 3 in relation to any action or proceedings shall conflict with public policy to the extent that its application would cause undue hardship to a person who is, or might be made, a party to the action or proceedings.
(3) Where, under a law applicable by virtue of section 3 for the purposes of any action or proceedings, a limitation period is or may be extended or interrupted in respect of the absence of a party to the action or proceedings from any specified jurisdiction or country, so much of that law as provides for the extension or interruption shall be disregarded for those purposes.
(4) Subsection (3) shall not apply to the extent that its application would conflict with public policy, or would cause undue hardship to a person who is, or might be made, a party to the action or proceedings.
5. Where a court in any country outside Singapore has determined any matter wholly or partly by reference to the law of that or any other country (including Singapore) relating to limitation, then, for the purposes of the law relating to the effect to be given in Singapore to that determination, that court shall, to the extent that it has so determined the matter, be deemed to have determined it on its merits.
—(1) References in this Act to the law of any country (including Singapore) relating to limitation shall, in relation to any matter, be construed as references to so much of the relevant law of that country as (in any manner) makes provision with respect to a limitation period applicable to the bringing of proceedings in respect of that matter in the courts of that country and shall include —
references to so much of that law as relates to, and to the effect of, the application, extension, reduction or interruption of that period; and
a reference, where under that law there is no limitation period which is so applicable, to the rule that such proceedings may be brought within an indefinite period.
(2) In subsection (1), “relevant law”, in relation to any country, means the procedural and substantive law applicable, apart from any rules of private international law, by the courts of that country.
7. This Act shall bind the Government and apply in relation to any action or proceedings by or against the Government as it applies in relation to actions and proceedings to which the Government is not a party.
8. The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.
9. Nothing in this Act shall —
affect any action, proceedings or arbitration commenced before the commencement of this Act; or
apply in relation to any matter if the limitation period which, apart from this Act, would have been applied in respect of that matter in Singapore expired before the commencement of this Act.