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The parties:
P.T. Kmalam Electricity & Machinery Co. Pte. Ltd., is a Legal Entity established and formed under the laws of Singapore.P.T. Lsiang Plywood Industries, is a Legal Entity founded and formed under Spanish law.
Position case:
In March 2020, a machine and spare parts sale and purchase agreement was made between Kemalam Electricity & Machinery Co. Pte. Ltd with P.T. Lsiang Plywood IndustriesAgreement signed in Barcelona, ??SpainIt was agreed that payments would be made using the installment method and installment payments would start after the machines were received by P.T. Lsiang Plywood IndustriesIn January 2021 P.T Kmalam Electricity & Machinery Co. Pte. Ltd. Sending orders and being well received by P.T. Lsiang Plywood IndustriesBut until January 202 P.T. Lsiang Plywood Industries did not fulfill the obligation to pay.P.T. Lsiang Plywood Industries International has administrative headquarters in Thailand.P.T. Kmalam Electricity & Machinery Co. Pte. Ltd., has its head office in Singapore but its activity center or production site is in Malaysia.The case was filed at The Audiencia Provincial (District Court) Barcelona.In the written agreement if there is a legal dispute that is used is Malaysian Law as the head office of P.T. Kmalam Electricity & Machinery Co. Pte. Ltd
Question 1:- Give your analysis of the fact that the case was brought in the District Court of Barcelona and not the District Court of Singapore and does the Singapore court have jurisdiction to hear this case? Question 2:- Analyze and write down your opinion based on HPI theory. Which country's law was used to resolve this case? What is your basis for answering that!
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