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.

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4. Results: Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
Singapore

Answer ... Technically, the court does not review the service of process in the initial proceedings per se. The Reciprocal Enforcement of Commonwealth Judgments Act and the Reciprocal Enforcement of Foreign Judgments Act (REFJA) also appear to accept that the relevant methods of service are those of the foreign court.

However, the effect of these relevant methods of service may affect the conditions for registration/enforcement in Singapore or the criteria for setting aside the registration (see question 4.1).

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
Singapore

Answer ... See question 2.1 and question 4.1.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
Singapore

Answer ... See question 4.1.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.4
Will the court review the merits of the foreign judgment?
Singapore

Answer ... If the requirements for recognition and enforcement (see question 2.1) are met, the court generally will not review the merits of the claim that led to the foreign judgment. This is also expressly stated in the Choice of Courts Agreement Act.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 ... Generally, a previous judgment creates an estoppel against the recognition of a later judgment.

Hence, where there is a prior conflicting Singapore judgment between the same parties and relating to the same issue, the court will not recognise or enforce the foreign judgment.

Likewise, where there are Singapore proceedings that are merely pending, the court is likely to accord primacy to a prior foreign judgment between the same parties and concerning the same issues if that foreign judgment may be recognised under Singapore law.

Under the REFJA, registration may also be set aside if the matter was the subject of a prior final and conclusive judgment by a court having jurisdiction in the matter (see question 4.1).

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
Singapore

Answer ... See question 4.1.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.7
Is partial recognition and enforcement possible?
Singapore

Answer ... If the foreign judgment contains both objectionable and unobjectionable portions, it is likely that the objectionable portion may be severed and the unobjectionable portion may be enforced.

This is assuming that the portions can be clearly identified and separated.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
Singapore

Answer ... Interest under the laws of the foreign court will run until the application for enforcement in Singapore is allowed.

Thereafter, the interest applicable to judgment debts in Singapore (ie, generally awarded at 5.33% per annum on a simple basis) will kick in.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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Enforcement of Foreign Judgments