Abstract:
When would a claimant, whose claim has been stayed on the ground of forum non conveniens (“FNC”), be able to lift the stay? In a rare application made directly to the Singapore Court of Appeal (“CA”) to lift a FNC stay, the court in Xitrans Finance Ltd v Rappo, Tania [2023] SGCA 22 (“Xitrans”) was confronted squarely with such a question. This case note explores the Singapore courts’ approach to the lifting of FNC stays and considers some important comments made by the CA in Xitrans.