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this is my international tax & trading law module. this question is related to conflicts of law. FT is a leading commodity trading company headquartered
this is my international tax & trading law module. this question is related to conflicts of law.
FT is a leading commodity trading company headquartered in Singapore. SL is a company that processes, packs and sells soybeans from over 20 farms across Australia FT purchased 100 metric tons of "Australian grown non-GMO (non-Genetically Modified) soybeans" from SL. The purchase was made under a CIF contract, goods to be shipped to Hong Kong from Port Kembla, New South Wales, Australia, latest date of shipment, March 15, 2018. Additional facts When the goods arrived in Hong Kong, the soybeans were tested by a laboratory in Hong Kong and found to be genetically modified soybeans. FT promptly emailed the laboratory results to SL, complaining of the non-conformity. FT has proceeded to sue SL in the High Court of Singapore for breach of contract. SL has responded by applying for a stay of the Singapore proceedings on the ground that Australia is the more appropriate forum, because site visits to farms in Australia will be required. Question - Discuss whether the Singapore High Court is likely to grant a stay of action on the basis that Singapore is a forum non-conveniens, and what legal principles, facts and considerations will be taken into account in making its decision. (32 marks) Step by Step Solution
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