Stay of Proceedings on Forum Non Conveniens Grounds in Singapore: When Your Company Is Sued Here but the Dispute Belongs Elsewhere

Short answer: A company sued in Singapore over a dispute belonging in another country can ask the court to stay the case on forum non conveniens grounds or under an exclusive foreign jurisdiction clause. It raises the challenge in a jurisdiction-only defence, due 21 days after the statement of claim is served (Rules of Court 2021).

Forum non conveniens is the principle that a court may decline to hear a case because another country’s courts are clearly the more appropriate place for it. Singapore companies meet it in two ways: a foreign customer, supplier or joint venture partner sues them in Singapore over a deal centred abroad, or a counterparty sues here despite a contract clause sending disputes to a foreign court. This guide explains how a stay works, the deadlines, the tests the court applies and what your company should prepare for its law firm. If the contract has a jurisdiction clause, read our guide to governing law and jurisdiction clauses alongside this one.

Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.

What is a stay of proceedings on forum non conveniens grounds?

A stay is a court order that halts a Singapore action so the dispute can be decided elsewhere. On forum non conveniens grounds, the court accepts that it has jurisdiction but decides it should not exercise it because another available forum is clearly more appropriate.

The Rules of Court 2021 recognise two kinds of challenge: that the court has no jurisdiction, and that it should not exercise jurisdiction to hear the action (Order 6, Rule 7(5)). A forum non conveniens stay, and a stay to enforce a foreign jurisdiction clause, both fall within the second kind. Arbitration clauses follow a separate statutory route.

There are three common situations:

What is the legal basis for a forum non conveniens stay in Singapore?

The power comes from the Supreme Court of Judicature Act 1969, and the procedure from Orders 6 and 9 of the Rules of Court 2021. The tests the court applies come from case law.

How does the two-stage Spiliada test work?

The test comes from the House of Lords decision in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460. In JIO Minerals, the Court of Appeal set out the two stages:

1. Stage one. The defendant must show that another available forum is clearly or distinctly more appropriate than Singapore. It is not enough to show that Singapore is not the natural forum. The court looks at connecting factors relevant to the dispute: where the parties and witnesses are, where the events and transactions took place, the governing law, other proceedings and the shape of the litigation.
2. Stage two. If the defendant succeeds at stage one, a stay will ordinarily be granted unless the claimant shows circumstances by reason of which justice requires that it be refused. The main question here is whether substantial justice can be obtained in the foreign forum.

Only connections relevant to the dispute count: payments into Singapore bank accounts did not make Singapore the natural forum, and the Court of Appeal held that Indonesia was clearly the more appropriate forum and allowed the appeal for a stay.

What changes when there is an exclusive foreign jurisdiction clause?

The burden shifts in your favour. In Vinmar, the Court of Appeal held that the company applying for the stay must first show a good arguable case that the exclusive jurisdiction clause exists and covers the dispute. If it does, a stay should be granted unless the claimant shows strong cause to refuse it, reflecting the policy of holding parties to their agreed forum.

The Court of Appeal also held that the merits of the defence are irrelevant to this application, departing from earlier cases that refused stays where the defendant had no real defence. It recognised abuse of process and denial of justice as the two general grounds on which a stay may still be refused where only the parties to the clause are involved.

Who can apply for a stay, and when?

The defendant applies, usually a Singapore company sued by a foreign party, or by a local party over a deal centred abroad. Timing is critical: the challenge must be raised in the defence, within the defence deadline, and before the company takes steps that look like accepting the court’s jurisdiction.

The key protections in the Rules are narrow:

• Filing a notice of intention to contest within 14 days after the statement of claim is served (21 days if served out of Singapore) is not a submission to jurisdiction (Order 6, Rule 6(1), (2) and (4)).
• A defence that states only the ground of the jurisdiction challenge is not a submission to jurisdiction (Order 6, Rule 7(6)). The company need not plead its defence on the merits at this stage (Order 6, Rule 7(4)).

Those are the only steps the Rules expressly protect. Pleading the merits, counterclaiming or seeking other relief first risks the argument that your company has accepted the court’s jurisdiction, so agree every step with your solicitor. Our guide for directors whose company has been sued covers the first days after service.

How do you apply for a forum non conveniens stay, step by step?

Your solicitor files the jurisdiction defence, raises the challenge at the first case conference and then files the stay application with a supporting affidavit on the court’s timetable. Court proceedings are conducted by a Singapore Advocate and Solicitor acting for your company.

1. Record the date of service and diarise the deadlines, and check the contract for a jurisdiction, arbitration or governing law clause, which decides the test.
2. Instruct a law firm and put a litigation hold on relevant documents and messages.
3. File and serve a notice of intention to contest within the deadline. This is not a submission to jurisdiction.
4. File and serve a defence that states the ground of the jurisdiction challenge only, within 21 days after the statement of claim is served in Singapore (Order 6, Rule 7).
5. Attend the case conference, which is usually held 8 weeks after the originating claim is issued, or 12 weeks where it is to be served out of Singapore (Order 9, Rule 1). The court must deal with the jurisdiction objection first (Order 9, Rule 7(1)).
6. File and serve the stay application and supporting affidavit within 14 days after the case conference, as directed (Order 9, Rule 7(2)(a)).
7. The claimant files its reply affidavit within 14 days after that. No further affidavits may be filed without the court’s approval (Order 9, Rule 7(2)(b)).
8. The hearing is fixed, unless the court orders otherwise, no later than 14 days after all affidavits are filed (Order 9, Rule 7(2)(c)).

What documents will the law firm need?

The affidavit must show where the dispute is really centred, or that the clause applies. Gather evidence of connections relevant to the claims, not general links to Singapore.

How long does a stay application take, and what does it cost?

The early deadlines are fixed by the Rules of Court 2021. The main cost is solicitors’ fees, driven by the volume of affidavit evidence and any foreign law evidence.

Assumptions: an originating claim in the General Division of the High Court, a Singapore company served in Singapore, and no arbitration clause. Ask your solicitor for the current court fees and a written fee estimate before filing. We do not quote solicitors’ fees here.

What does the company secretary prepare, and what does the solicitor file?

Your company secretary or corporate service provider (CSP) assembles the corporate records and evidence of where the business was done. The Singapore Advocate and Solicitor advises on the challenge, drafts and files every court document, and appears at the case conference and hearing.

Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles the proceedings. If your company has just been served with a claim from a foreign party, speak to a lawyer before the defence deadline.

What happens after the court decides the stay application?

If the stay is granted, the Singapore action stops and the dispute proceeds, if at all, in the foreign forum. If it is refused, your company must defend on the merits in Singapore, and can consider an appeal.

• Stay granted. The claimant must decide whether to sue in the foreign court. Your company should budget for foreign counsel and preserve documents for that forum. The court also decides the costs of the application.
• Stay refused. The court will give directions for the defence on the merits and the rest of the case. Any counterclaim must then be filed with the defence (Order 6, Rule 8); see our guide to counterclaims and set-off.
• Appeal. An appeal from the Registrar to a Judge needs a notice of appeal within 14 days after the decision (Order 18, Rule 24). An appeal from a Judge also has a 14-day limit (Order 18, Rule 27), and where permission to appeal is required, the application is due within 14 days (Order 18, Rule 29). An appeal does not by itself stay the proceedings (Order 18, Rule 6).

No ACRA lodgement is normally needed for a stay order. Record the decision in the board minutes and keep the order with the company’s records.

What are the common mistakes?

Most failed challenges are lost on timing or on evidence of the wrong connections.

• Filing a full defence or counterclaim first and raising the forum point later, which invites the argument that the company submitted to the Singapore court.
• Missing the 21-day defence deadline and facing a default judgment application under Order 6, Rule 7(7).
• Relying on general links, such as a bank account or a group company, instead of connections relevant to the claims.
• Arguing only that Singapore is not the natural forum, without proving that a named foreign forum is clearly more appropriate and available.
• Assuming a foreign jurisdiction clause applies without evidence it is part of the contract, or arguing the merits when Vinmar makes them irrelevant.

Frequently asked questions

Does filing a notice of intention to contest mean we accept the Singapore court’s jurisdiction?

No. Order 6, Rule 6(4) of the Rules of Court 2021 provides that filing and serving the notice is not a submission to jurisdiction or a waiver of improper service.

Can we ask for a stay if the contract says nothing about jurisdiction?

Yes. The court applies the two-stage Spiliada test. Your company must show that another available forum is clearly or distinctly more appropriate than Singapore.

Will the court consider whether we have a good defence?

Not where the stay is based on an exclusive foreign jurisdiction clause. In Vinmar, the Court of Appeal held that the merits of the applicant’s defence are irrelevant to that application.

What if the foreign party sued us here even though our contract chose Singapore courts?

Then the agreed forum is Singapore, and your solicitor will advise whether any challenge is realistic. A forum non conveniens challenge is designed for cases where the dispute’s real connections, or the parties’ agreed forum, point elsewhere. For a Singapore company suing a foreign party, see our guide to service out of jurisdiction.

Last reviewed: 4 November 2026. The Editorial Team, Raffles Corporate Services.