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.

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.

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.

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.