Inconsistent Jurisdiction Clauses In Back-to-Back Contracts – Which Prevails?

In a recent decision in Bunge SA and another v Shrikant Bhasi and other appeals [2020] SGCA 94, the Singapore Court of Appeal ruled that claims brought against different defendants, of differing legal bases, and with inconsistent jurisdiction clauses should nevertheless be heard in Singapore.

Key Takeaways

This case highlights:

• How multiple disputes across various contracts and among different parties may be subject to proceedings in Singapore.
• The potentially far-reaching impact of the phrase "arising out of or in connection with" where pre-contractual conduct (even if tortious in nature) may be brought within the ambit of a jurisdiction clause of a contract between the parties.