Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
Singapore

Answer ... The following legislative provisions govern the recognition and enforcement of foreign judgments in Singapore:

  • the Reciprocal Enforcement of Foreign Judgments Act 1959; and
  • the Choice of Court Agreements Act 2016.

The Reciprocal Enforcement of Foreign Judgments Act applies to judgments from the superior courts of:

  • Hong Kong;
  • Brunei Darussalam;
  • Australia;
  • India;
  • Malaysia;
  • New Zealand;
  • Pakistan;
  • Papua New Guinea;
  • Sri Lanka; and
  • the United Kingdom.

The Choice of Court Agreements Act applies to foreign judgments from countries that are a party to the Hague Convention of 30 June 2005 on Choice of Court Agreements.

Apart from these legislative provisions, foreign judgments may be enforced under common law through the commencement of a fresh suit in relation to the judgment debt. The foreign judgment creates a new obligation against the party against which the order has been made. The party in whose favour the order has been made will then be able to make a claim on the basis of the foreign judgment.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
Singapore

Answer ... The Reciprocal Enforcement of Foreign Judgments Act is based on reciprocity. It makes provision for the enforcement of judgments from foreign countries in Singapore which afford reciprocal treatment to judgments given in Singapore. In order to provide for this reciprocal treatment of judgments, the Singapore government enters into various bilateral and multilateral treaties for this purpose (see the Ministry of Law press release at www.mlaw.gov.sg/news/press-releases/enhancing-the-regime).

With regard to the Choice of Court Agreements Act, Singapore signed the Hague Convention on Choice of Court Agreements on 25 March 2015 and the Convention came into effect on 1 October 2015.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
Singapore

Answer ... In relation to applications for the recognition and enforcement of foreign judgments under the Reciprocal Enforcement of Foreign Judgments Act and the Choice of Court Agreements Act, the General Division of the High Court of Singapore has jurisdiction to hear such applications.

In relation to applications for the recognition and enforcement of foreign judgments under common law, this will depend on the value of the foreign judgment debt that was being claimed:

  • Where the value of the foreign judgment debt being claimed does not exceed S$60,000, the Magistrates’ Courts of Singapore will have jurisdiction over the matter;
  • Where the value of the foreign judgment debt being claimed is between S$60,000 and S$250,000, the District Courts of Singapore will have jurisdiction over the matter; and
  • Where the value of the foreign debt being claimed exceeds S$250,000, the General Division of the High Court of Singapore will have jurisdiction over the matter.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
Singapore

Answer ... Generally, foreign judgments may be recognised and enforced in Singapore if they:

  • are final and conclusive;
  • were given by a court of competent jurisdiction in the foreign country; and
  • are judgments for a fixed sum of money.

Under the Reciprocal Enforcement of Foreign Judgments Act, judgments in civil proceedings – including interlocutory judgments and judgments made in criminal proceedings in which the court has ordered the payment of a sum of money as compensation or damages to the injured party, as well as consent judgments, consent orders and judicial settlements – may be recognised and enforced in Singapore. Additionally, both monetary and non-monetary judgments may be recognised and enforced.

Additionally, for foreign judgments to be recognised and enforced in Singapore under the Choice of Court Agreements Act, the foreign judgment must be from:

  • a court of a country that is party to the Hague Convention on Choice of Court Agreements; and
  • a court that is designated in an exclusive choice of court agreement concluded in a civil or commercial matter. This excludes:
    • any claim relating to personal injury or death brought by or on behalf of an individual; and
    • certain types of disputes and matters relating to family law, probate, bankruptcy and insolvency, and the carriage of passengers and goods.

The following types of judgments are specifically precluded from enforcement:

  • Under the Choice of Court Agreements Act: Disputes and matters relating to:
    • family law;
    • probate;
    • bankruptcy and insolvency;
    • the carriage of passengers and goods; or
    • any claim for personal injury or death brought by or on behalf of an individual.
  • Under the Reciprocal Enforcement of Foreign Judgments Act:
    • a judgment given by the recognised court of the foreign country on appeal from a court that is not a recognised court under the Reciprocal Enforcement of Foreign Judgments Act;
    • a judgment or other instrument that is regarded for the purpose of its enforcement as a judgment of the recognised court of the foreign country but which was given or made in another foreign country; or
    • a judgment given by the recognised court of the foreign country founded on a judgment of a court in another foreign country and having as their object the enforcement of the second-mentioned judgment.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
2.2
Must a foreign judgment be final and binding before it can be enforced?
Singapore

Answer ... Generally, the foreign judgment must be final and binding before it can be enforced.

Under the Reciprocal Enforcement of Foreign Judgments Act, the foreign judgment must be final and conclusive, except in the case of an interlocutory judgment.

In the case of foreign judgments being recognised and enforced pursuant to the Choice of Court Agreements Act, the judgment must be:

  • a final court decision on the merits;
  • a consent order;
  • a consent judgment;
  • a judgment given by default; or
  • a determination by a court of any costs or expenses relating to a court decision, consent order, consent judgment or judgment given by default.

Under common law, the foreign judgment must be final and conclusive before it can be enforced.

A foreign judgment can be considered final and conclusive even if it can be appealed.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
Singapore

Answer ... Under the Reciprocal Enforcement of Foreign Judgments Act, registration of a foreign judgment may be set aside or adjourned if it can be shown that the order is the subject of an appeal or potential appeal (in that the applicant is entitled to and intends to appeal) in a foreign jurisdiction. However, once a foreign judgment is registered, it will typically be enforceable.

Under the Choice of Court Agreements Act, the Singapore courts may refuse or postpone the recognition and/or enforcement of a foreign judgment – and may even set aside an order recognising the foreign judgment – if:

  • the foreign judgment is subject to appeal in the jurisdiction of origin; or
  • the timeframe for applying for an appeal in the jurisdiction of origin has not yet expired.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
2.4
What is the limitation period for making an application for recognition and enforcement?
Singapore

Answer ... Under the Reciprocal Enforcement of Foreign Judgments Act, an application for the registration of a foreign judgment may be made at any time within six years of the date of the foreign judgment or after the date of the last judgment given where there have been appeal proceedings.

Under the Choice of Court Agreements Act, an application for the recognition and enforcement of a foreign judgment may be made at any time as long as the foreign judgment has effect in its country of origin and is enforceable in its country of origin.

Under common law, an application for the recognition and enforcement of a foreign judgment must be made within six years of the date of the foreign judgment pursuant to the limitation period as set out in the Limitation Act 1959. However, there are some exceptions to this pursuant to the Limitation Act 1959, such as where:

  • the right of action is concealed by the fraud of the judgment debtor, its agent or of any person through which it claims; or
  • the action is for relief from the consequences of a mistake.

In such cases, the period of limitation will not begin to run until the claimant has discovered the fraud or the mistake, or could with reasonable diligence have discovered it.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
Singapore

Answer ... Generally speaking, recognition and enforcement of a foreign judgment are separate processes, with separate legal effects. The process of recognition involves registering the foreign judgment in Singapore to give it force; while the process of enforcement involves executing the foreign judgment in Singapore.

For example, a party may wish to opt for a foreign judgment to be recognised, as opposed to enforced, in order:

  • to raise a specific cause of action in a foreign proceeding; or
  • to raise issue estoppel (ie, preventing issues of fact or law that have already been raised and decided on in an earlier proceeding to be submitted again for adjudication) in a foreign proceeding.

Under the Reciprocal Enforcement of Foreign Judgments Act, a party seeking enforcement must apply to register the foreign judgment before enforcing it in Singapore.

Under the Choice of Court Agreements Act, a party seeking enforcement may apply for the foreign judgment either to be recognised only or to be recognised and enforced in Singapore.

Under common law, a party seeking enforcement may apply for the foreign judgment to be recognised by commencing a fresh action for the judgment debt.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.2
What is the formal process for recognition and enforcement?
Singapore

Answer ... In relation to an application for the registration of a foreign judgment under the Reciprocal Enforcement of Foreign Judgments Act, the application must be made by an originating application without notice, which must be supported by an affidavit. If the foreign judgment is not in English, a translation of the foreign judgment certified by a notary public or authenticated by affidavit must be exhibited in the affidavit. If the application is successful, the applicant must then extract the Order of Registration and thereafter serve this and the Notice of Registration on the judgment debtor. Under the Singapore Rules of Court 2021, the judgment creditor may only enforce the registered foreign judgment after the period allowed for the judgment debtor to set aside the registration has expired.

In relation to an application for the recognition and enforcement of the foreign judgment under the Choice of Court Agreements Act, the application must be made by an originating application without notice, supported by an affidavit. Where any document to be exhibited or produced to the Singapore courts in the application is not in English, the document must be accompanied by an English translation of that document. If the court orders the recognition and enforcement of the foreign judgment, the applicant must draw up the court order and, within the prescribed period as set out in the Rules of Court 2021, serve the court order – together with a copy of the foreign judgment – personally on every party to the proceedings in which the foreign judgment was obtained.

Under common law, the usual court process to commence a civil claim will apply. This involves:

  • filing the originating claim and the statement of claim in the court with jurisdiction over the matter; and
  • personally serving the same on the defendant once the court has approved the originating claim and the statement of claim.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.3
What documents are required in support of an application for recognition and enforcement?
Singapore

Answer ... We have set out in question 3.2 the process of applying for, and an overview of, the key filing documents involved in an application for recognition and enforcement of a foreign judgment.

In particular, under the Reciprocal Enforcement of Foreign Judgments Act, the following are required:

  • the foreign judgment or a copy of the judgment that has been verified, certified or otherwise duly authenticated;
  • where the foreign judgment is not in English, a translation of the foreign judgment certified by a notary public or authenticated by affidavit, is to be exhibited in the supporting affidavit to the application; and
  • such other evidence with respect to the enforceability of the foreign judgment by the issuance of an enforcement order in the country of the original court, and of the law of that country under which any interest has become due under the foreign judgment.

Under the Choice of Court Agreements Act, the following is required:

  • a complete and certified copy of the foreign judgment, including the reasons, if any, for the decision of the court which gave the judgment;
  • the exclusive choice of court agreement applicable to the dispute in relation to which the foreign judgment was obtained, a certified copy of that agreement or any other evidence of the existence of that agreement;
  • where the foreign judgment was given by default, the original or a certified copy of a document showing that the party in default was notified of:
    • the document by which the proceedings were instituted; or
    • an equivalent document; and
  • any other documents necessary to establish:
    • that the foreign judgment has effect in the jurisdiction of origin; and
    • where the foreign judgment or part of the foreign judgment is to be enforced, that the judgment or that part, as the case may be, is enforceable in the jurisdiction of origin.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.4
What fees are payable for recognition and enforcement?
Singapore

Answer ... The fees that are payable for the recognition and enforcement of foreign judgments include the court filing fees for the relevant documents filed in court and the legal fees of a lawyer who may be engaged to assist. The exact quantum of the fees payable will be dependent on the nature and complexity of the specific matter.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.5
Is the applicant required to provide security for costs?
Singapore

Answer ... In relation to an application under the Reciprocal Enforcement of Foreign Judgments Act, the court may order the judgment creditor to provide security for the costs of the application for the registration and of any proceedings which may be brought to set aside the registration.

For an application under the Choice of Court Agreements Act, the court may order the applicant to provide security for the costs of the application for recognition and enforcement of the foreign judgment.

Under common law, the court may order the claimant (ie, the applicant) to provide security for the defendant’s costs on the defendant’s application. The defendant may apply for security to be provided for the defendant’s costs of the action if the claimant:

  • is ordinarily resident out of the jurisdiction;
  • is a nominal claimant which is suing for some other person’s benefit (but not in a representative capacity);
  • is being funded by a non-party, where there is reason to believe that the claimant will be unable to pay the defendant’s costs if ordered to do so; or
  • has:
    • not stated or has incorrectly stated its address in the originating court documents; or
    • changed its address during the course of proceedings in order to evade the consequences of the proceedings.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.6
How long does it usually take to obtain a declaration of enforceability?
Singapore

Answer ... This depends on various factors, such as the nature and complexity of the specific matter.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
3.7
Can the applicant seek injunctive relief while the process is ongoing?
Singapore

Answer ... Yes, the applicant may do so. An application for an injunction by the applicant will generally constitute a separate application.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
Singapore

Answer ... Reciprocal Enforcement of Foreign Judgments Act: Under the Reciprocal Enforcement of Foreign Judgments Act, the recognition and enforcement of a foreign judgment may be challenged by the party against which the foreign judgment is made on the following grounds:

  • The judgment is not a judgment to which the Reciprocal Enforcement of Foreign Judgments Act applies;
  • The foreign court had no jurisdiction in the circumstances of the case;
  • The judgment debtor, being a defendant in the original proceedings in the foreign court, did not receive notice of the original proceedings in sufficient time to enable it to defend the proceedings and did not appear;
  • The judgment was obtained by fraud;
  • Enforcement of the judgment would be contrary to public policy in Singapore; or
  • The rights under the judgment are not vested in the person by which the application for registration was made.

The Singapore courts will set aside the registration of the judgment if they are satisfied in relation to any of the above.

Additionally, the Singapore courts may set aside registration of the judgment if they are satisfied that:

  • the matter in dispute in the original proceedings in the foreign court was, before the date of the judgment in the foreign court, the subject of a final and conclusive judgment by a court with jurisdiction in the matter; or
  • the notice of registration was not served on the judgment debtor or was defective.

Choice of Court Agreements Act: Under the Choice of Court Agreements Act, the Singapore courts will refuse to enforce or recognise the foreign judgment, or will set aside an order that recognises or enforces a foreign judgment, in the following circumstances:

  • The defendant in the proceedings in which the foreign judgment was obtained was not notified of the document by which the proceedings were instituted, including the essential elements of the claim, in sufficient time to enable it to defend the proceedings, unless the law of the foreign country allows the notification to be challenged and the defendant had entered an appearance and presented the defendant’s case without challenging the notification in the foreign court;
  • The foreign judgment was obtained by fraud in connection with a matter of procedure; or
  • Recognition or enforcement of the foreign judgment would be manifestly incompatible with the public policy of Singapore, including circumstances where specific proceedings leading to the judgment would be incompatible with the fundamental principles of procedural fairness in Singapore.

Additionally, although not mandated, the Singapore courts may refuse to enforce or recognise a foreign judgment, or may set aside an order that recognises or enforces a foreign judgment, in the following circumstances:

  • The exclusive choice of court agreement is null and void under the law of the state of the chosen court, unless the chosen court has determined that the agreement is valid;
  • A party to the exclusive choice of court agreement lacked the capacity to enter into or conclude that agreement under Singapore law;
  • The defendant in the proceedings in which the foreign judgment was obtained was notified of the document by which proceedings were instituted, including the essential elements of the claim, in a manner that is incompatible with the fundamental principles in Singapore concerning the service of documents;
  • The foreign judgment is inconsistent with a judgment given by a Singapore court in a dispute between the same parties;
  • The foreign judgment is inconsistent with an earlier judgment:
    • given in another country between the same parties on the same cause of action; and
    • that satisfies the conditions necessary for recognition in Singapore under Singapore law;
  • The foreign judgment is being reviewed or appealed against in the foreign country; or
  • The time for applying for a review or appeal in the state of origin has not expired.

Common law: The defendant in an enforcement action in Singapore may challenge enforcement of the foreign judgment on the following grounds:

  • The foreign judgment was obtained in breach of natural justice;
  • The foreign judgment was procured through fraud;
  • Enforcement of the foreign judgment would be against Singapore’s public policy; or
  • Enforcement of the foreign judgment would be equivalent to the direct or indirect enforcement of foreign penal, revenue or other public laws.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
4.2
What is the limitation period for filing a challenge?
Singapore

Answer ... Under the Reciprocal Enforcement of Foreign Judgments Act, an application to have the registration of a foreign judgment set aside may be made at any time during:

  • the period specified in the order for registration as the period within which an application may be made to set aside the registration; or
  • such period as the court may have so extended it to.

Under the Choice of Court Agreements Act, an application to set aside a court order relating to the foreign judgment must be filed within:

  • 28 days of the date on which the court order and the copy of the foreign judgment were served on the judgment debtor; or
  • such period which the Singapore courts may allow.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
Singapore

Answer ... An application for an injunction will generally constitute a separate application.

In any event, in relation to a court order obtained under the Choice of Court Agreements Act, the court order will not take effect while an application to set aside the court order is pending. Similarly, under the Reciprocal Enforcement of Foreign Judgments Act, an enforcement order to enforce the foreign judgment must not be issued where an application to set aside the registration of the foreign judgment has been made, until after such an application is finally determined.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
Singapore

Answer ... Please see question 4.1.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
Singapore

Answer ... Please see question 4.1.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
Singapore

Answer ... Please see question 4.1.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.4
Will the court review the merits of the foreign judgment?
Singapore

Answer ... Generally, the Singapore courts will not review the merits of the foreign judgment.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
Singapore

Answer ... Please see question 4.1.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
Singapore

Answer ... Please see question 4.1.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.7
Is partial recognition and enforcement possible?
Singapore

Answer ... Partial recognition and enforcement of an award is possible.

Under the Reciprocal Enforcement of Foreign Judgments Act, where a foreign judgment has been partially satisfied at the date of the application for registration of the foreign judgment, the Singapore court may register the foreign judgment in respect of the balance that remains payable at that date.

Under the Choice of Court Agreements Act, the Singapore court must recognise or recognise and enforce a severable part of a foreign judgment if an application is made for the recognition or recognition and enforcement of that part or only that part is capable of being recognised, or recognised and enforced.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
Singapore

Answer ... The judgment creditor is entitled to the interest set out under the foreign judgment until the application for the recognition and enforcement of the foreign judgment is made. Thereafter, the interest applicable to a judgment given by the Singapore courts will apply. As at the time of writing, this is simple interest at the rate of 5.33% per annum.

In relation to the currency value of the foreign judgment, this need not be converted into Singapore dollars in order for the foreign judgment to be recognised and enforced in Singapore. It can be enforced in the currency as set out in the foreign judgment.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
Singapore

Answer ... In relation to decisions made pursuant to the Reciprocal Enforcement of Foreign Judgments Act and the Choice of Court Agreements Act, the judgment debtor may challenge the Singapore court’s decision to register, recognise or recognise and enforce the foreign judgment by applying to set aside the court order registering, recognising or recognising and enforcing the foreign judgment.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
6.2
Can the applicant seek injunctive relief while the appeal is pending?
Singapore

Answer ... Yes, this can be done; although an application for an injunction by the applicant will constitute a separate application taken out to seek the necessary relief.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
Singapore

Answer ... The party seeking enforcement of the foreign judgment (ie, the enforcement applicant) may apply for an enforcement order to enforce the court order. The enforcement order in this regard may be for one or more of the following:

  • an enforcement order for the seizure and sale of property;
  • an enforcement order for the delivery or possession of property;
  • an enforcement order for the attachment of a debt due to the enforcement respondent (ie, a party against which an enforcement order is sought or made) from a non-party, whether immediately or at some future date or at certain intervals in the future; or
  • an enforcement order to do anything specified in the court order.

The enforcement applicant may also apply for an order to examine the enforcement respondent under oath to find out what assets are available to pay off the debt owed to the enforcement applicant. If ordered, the enforcement respondent may be examined orally in court, required to make an affidavit or both on the properties which are owned by it beneficially or to which it will be entitled in the future.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
7.2
Can the foreign judgment be enforced against third parties?
Singapore

Answer ... Yes, this can be done when the enforcement applicant applies for an enforcement order for the attachment of a debt due to the enforcement respondent from a non-party.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
8.
Trends and predictions
8.1
How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
Singapore

Answer ... Prior to 1 March 2023, a law called the Reciprocal Enforcement of Commonwealth Judgments Act allowed for the recognition and enforcement of foreign judgments from certain courts in the Commonwealth. This act has since been repealed and the reciprocating countries once recognised under it have been transferred over to, and consolidated under, the Reciprocal Enforcement of Foreign Judgments Act. This has resulted in a single regime under the Reciprocal Enforcement of Foreign Judgments Act and has streamlined Singapore’s legal framework for the statutory recognition and enforcement of foreign judgments. As a result, parties will no longer have to contend with two separate statutory regimes with similar effect (see the Ministry of Law press release at www.mlaw.gov.sg/news/press-releases/enhancing-the-regime and the parliamentary speeches and responses on the matter at www.mlaw.gov.sg/news/parliamentary-speeches/second-reading-speech-by-senior-minister-of-state-for-law-mr-edwin-tong-on-refj-amendment-bill.)

Additionally, as economies around the world recover from the impact of the COVID-19 pandemic, we anticipate an increase in enforcement of foreign judgments in Singapore.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
9.
Tips and traps
9.1
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?
Singapore

Answer ... An applicant may consider applying for a freezing order against the judgment debtor’s assets while seeking recognition and enforcement of the foreign judgment. A freezing order, if granted, will result in the judgment debtor’s assets being frozen and prevent the judgment debtor from dissipating its assets, which could potentially be a complication in the enforcement of the foreign judgment once it has been recognised in Singapore.

Co-Authored by Michelle Tang and Rasveen Kaur.

For more information about this answer please contact: Nakoorsha A.K. from Nakoorsha Law Corporation
Contributors
Topic
Enforcement of Foreign Judgments