§ 188 — Evasion through choice of law clause to be void

188.—(1) A contract term that purports to apply the law of a country other than Singapore is void if —(a)

the application of that law has the effect of excluding or restricting the operation of any permitted use; and

(b)

either —(i)

the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or

(ii)

in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf).

(2) For the purposes of subsection (1)(b) —(a)

the interpretation of section 27(2)(b) of the Unfair Contract Terms Act 1977 must be considered; and

(b)

if a person claims that a party does not deal as a consumer, the burden is on the person to prove this.

(3) This section applies to any contract made before, on or after 21 November 2021.

—(1) A contract term that purports to apply the law of a country other than Singapore is void if —(a)

the application of that law has the effect of excluding or restricting the operation of any permitted use; and

(b)

either —(i)

the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or

(ii)

in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf).

(2) For the purposes of subsection (1)(b) —(a)

the interpretation of section 27(2)(b) of the Unfair Contract Terms Act 1977 must be considered; and

(b)

if a person claims that a party does not deal as a consumer, the burden is on the person to prove this.

(3) This section applies to any contract made before, on or after 21 November 2021.