Abstract:
In Oro Negro Drilling Pte Ltd v Integradora de Servicios Petroleros Oro Negro SAPI de CV [2020] 1 SLR 226, the Singapore Court of Appeal in an observation cast doubt on the legal possibility of the plaintiff obtaining leave for service out of jurisdiction where Singapore is not the natural forum but substantial injustice would result from trial in the clearly more appropriate foreign court. This is part of Stage 2 of the traditional test in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 that has informed the exercise of jurisdiction of the Singapore court for many years. This note argues that the doubt is unfounded.