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Jurisdiction in personam - Coggle Diagram

- - - - Def can put in a stay for application
        
        Test: Spiliada in the absence of choice of court agreement i.e. EJC. If there is a choice of court agreement, strong cause test.
        
        Breached choice of court agreement: Strong cause. (COL)
        
        BOP is on the party who is breaching the EJC so it will be the def.
        Foreign defendant seize ??? 1:00:00
        
        No breach of choice of court agreement: Spiliada (COL)
    - - Does not obviate need for service, usually kick in at a later stage, used to overcome objection to jurisdiction
  - - - 1 good arguable case O11 raises (COL)
        2 merits (COL)
        3 SG is fc (COL)
        
        practically, Pf show good arguable case, sg ejc, dispute fits into EJC.
    - - 1 (COL)
        2 merits (COL)
        3 strong cause (COL)
        
        in breach of contract, so burden of showing contract is on the defendant.
- - - - Stay application - not appropriate forum test: r 8(1) (COL)
      - Setting aside application: argue null or void / doesn't fulfil formal requirements / (civil: abuse of process / format wrong)
        (COL)
- - - - presumption of exclusivity unless party intend otherwise
    - - check the timing, not 6 oct 2016. consider when the convention enter into force.
  - - - If s 12 grounds apply and SG is not the chosen court, SG can hear dispute w/o breaching hague convention. Can pf seize the SICC? NO, plaintiff can only seize the general divison and not the SICC.
        
        No written choice of agreemnt for sg court. NOOOO
        
        only way it can go to SICC IS VIA THE TRANSFER TO GENERAL DIVISION. SO THIS LINKS BACK TO THE GENERAL DIVISION STUFF
        
        Need to seize General Divison first then ask for a transfer to SICC
  - - - Gen Div
        
        As of right
        
        O 11 r ___
        
        With leave
        
        1
        2
        (no 3 because not relevant)
      - SICC - As of right
        
        1(a) 2(a) (c)(b) ???