The Treaty on Judicial Assistance in Civil and Commercial Matters (中华人民共和国和新加坡共和国关于民事和商事司法协助的条约) (“Treaty“) between Singapore and the People’s Republic of China (“PRC“) provides for the mutual provision of judicial assistance by both countries and sets out the applicable procedure for such requests.
In the recent case of Kiri Industries Ltd v Senda International Capital Ltd and another (Fan Jing, non-party) [2024] SGHC(I) 7, the Singapore International Commercial Court considered an examination order that had been obtained by the plaintiff in the Singapore courts against the defendant company and two of its officers who were non-parties and foreign nationals resident in PRC. On application by the defendant company and one of the officers (“Applicants“), the Court set aside an order giving the plaintiff leave to serve the examination order on the two officers in Hong Kong and PRC, as well as an order for substituted service of the examination order. In reaching its decision, the Court highlighted the importance of observing the channels set out in the Treaty when it comes to the service of orders or the taking of evidence in PRC, as the plaintiff’s failure to utilise these channels was a major factor in the setting aside of the service orders.
The Applicants were successfully represented in this application by Toh Kian Sing SC, Mark Cheng, Priscilla Soh, Darren Lim, and Ryan Mao of Rajah & Tann Singapore LLP.
For more information, click here to read the full Legal Update.
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
