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4
NO. 13 OF 2012


Short title and commencement

1. This Act may be cited as the Foreign Limitation Periods Act 2012 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, “country” includes a State or territory.

Application of foreign limitation law

3.—(1) Subject to the following provisions of this Act, where in any action or proceedings in a court in Singapore the law of any other country falls (in accordance with rules of private international law applicable by any such court) to be applied in the determination of any matter—

(a) the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings; and
(b) the law of Singapore relating to limitation shall not so apply.

(2) Where a foreign law falls to be considered for the purpose of actionability under a choice of law rule, that foreign law shall be deemed to apply under subsection (1).

(3) The law of Singapore shall determine for the purposes of any law applicable by virtue of subsection (1)(a) whether, and the time at which, proceedings have been commenced in respect of any matter.

(4) A court in Singapore, in exercising in pursuance of subsection (1)(a) any discretion conferred by the law of any other country, shall so far as practicable exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country.

(5) In this section, “law”, in relation to any country, shall not include rules of private international law applicable by the courts of that country or, in the case of Singapore, this Act.