Possibility of Singapore's Accession to Hague Service Convention
Ministry of LawSpeakers
Summary
This question concerns the progress of the Ministry’s feasibility study on Singapore’s accession to the Hague Service Convention, as raised by Mr Murali Pillai. Minister for Law K Shanmugam announced that the government has decided to accede to the Convention following a careful review and stakeholder consultations. The Minister explained that accession will provide harmonised international rules for serving documents abroad, ensuring that civil and commercial legal proceedings are not challenged for invalid service. This policy aims to provide legal certainty for litigants and facilitate the recognition and enforcement of Singapore judgments in jurisdictions where defendants’ assets are located. The Ministry is currently working on draft legislation to give effect to the Convention and formalise these international transmission channels.
Transcript
48 Mr Murali Pillai asked 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.
Mr K Shanmugam: 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.