Foreign Limitation Periods Act 2012 - Singapore Statutes Online

Foreign Limitation Periods
Act 2012

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

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.

[1 June 2012]

Short title

1. This Act is the Foreign Limitation Periods Act 2012.

Interpretation

2. In this Act, “country” includes a State or territory.

Application of foreign limitation law

3.—(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 is required (in accordance with rules of private international law applicable by any such court) to be applied to determine any matter —

(a)	the law of that other country relating to limitation applies in respect of that matter for the purposes of the action or proceedings; and
(b)	the law of Singapore relating to limitation does not so apply.

(2) Where a foreign law is required to be considered for the purpose of actionability under a choice of law rule, that foreign law is deemed to apply under subsection (1).

(3) For the purposes of any law applicable by virtue of subsection (1)(a), the law of Singapore determines 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, is so far as practicable to 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, excludes rules of private international law applicable by the courts of that country or, in the case of Singapore, this Act.

Exceptions

4.—(1) In any case in which the application of section 3 would to any extent conflict with public policy, that section does not apply to the extent that its application would so conflict.

(2) The application of section 3 in relation to any action or proceedings conflicts 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 is to be disregarded for those purposes.

(4) Subsection (3) does 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.

Foreign judgments on limitation points

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 is, to the extent that it has so determined the matter, deemed to have determined it on its merits.

Meaning of law relating to limitation

6.—(1) References in this Act to the law of any country (including Singapore) relating to limitation are, in relation to any matter, to 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 include —

(a)	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
(b)	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.

Application to Government

7. This Act binds the Government and applies 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.

Transitional provision

8. Nothing in this Act —

(a)	affects any action, proceedings or arbitration commenced before 1 June 2012; or
(b)	applies 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 1 June 2012.

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