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 ... Currently, the following legislative provisions are in force:

  • The Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) applies to judgments obtained from the superior courts in Australia, Brunei Darussalam, Hong Kong (for judgments obtained up until 30 June 1997), India (except the states of Jammu and Kashmir), Malaysia, New Zealand, Pakistan, Papua New Guinea, Sri Lanka, the United Kingdom and the Windward Islands.
  • The Reciprocal Enforcement of Foreign Judgments Act (REFJA) applies to judgments obtained in the Hong Kong Special Administrative Region of the People’s Republic of China (for judgments on or after 1 July 1997); and
  • The Choice of Courts Agreement Act (CCAA) applies to judgments obtained in Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Beyond these legislative provisions, foreign judgments may be recognised and enforced in Singapore by commencing a common law action for the judgment debt, on the basis that the foreign judgment creates an obligation on the judgment debtor to make a payment. This obligation (to pay the debt in Singapore) is separate from the original cause of action in the foreign court of origin. Note that:

  • foreign judgments that can be registered under the REFJA cannot be enforced by a common law action; and
  • foreign judgments that can be registered under the RECJA can be enforced by a common law action, but the applicant cannot recover the costs of the enforcement unless:
    • the application to register the foreign judgment under the RECJA was refused; or
    • the Singapore court orders otherwise. 

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
Singapore

Answer ... RECJA/REFJA: The RECJA and REFJA are predicated upon reciprocity. In this regard, under the RECJA, reciprocal provisions must have been enacted in the jurisdictions to which the RECJA extends. As regards the REFJA, the law minister must enter into bilateral or multilateral treaties to provide for the substantial reciprocity of treatment.

CCAA: Singapore signed the Hague Convention of 30 June 2005 on Choice of Court Agreements on 25 March 2015 and the convention came into force on 1 October 2015.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
Singapore

Answer ... RECJA/REFJA/CCAA: The High Court of Singapore.

Common law actions: Depending on the amount claimed, a common law action should be brought in:

  • the Magistrates’ Court, for claims not exceeding S$60,000;
  • the District Court, for claims of between S$60,000 and S$250,000; and
  • the High Court, for claims exceeding $250,000.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 ... Reciprocal Enforcement of Commonwealth Judgments Act (RECJA): The judgment must be given or made by a court in any civil proceedings, whereby any sum of money is made payable. This includes an award in arbitration proceedings if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

However, this excludes judgments which may be recognised/enforced under the CCAA.

Reciprocal Enforcement of Foreign Judgments Act (REFJA): The judgment must be given or made by a court in any civil proceedings, or given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party.

However, this excludes judgments which may be recognised and enforced under the CCAA.

CCAA: The CCAA applies only to judgments obtained from courts of contracting states to the Hague Convention and where there is an exclusive choice of court agreement concluded in a civil or commercial dispute. This usually excludes certain types of disputes and subject matter, including:

  • family law, probate, insolvency or personal injury matters;
  • tortious claims not arising from contracts;
  • claims relating to the validity or infringement of non-contractual infringement rights; and
  • antitrust matters.

A ‘judgment’ is:

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

With regard to the foreign judgment itself, it must:

  • have effect in the state of origin (if the applicant is seeking recognition in Singapore); and
  • be enforceable in the state of origin (if the applicant is seeking enforcement in Singapore).

Common law action: For recognition, the foreign judgment must be:

  • from a court of competent jurisdiction (in the conflict of laws sense) in the foreign country; and
  • final and conclusive on the merits by the law of that country.

For enforcement, the foreign judgment must be:

  • from a court of competent jurisdiction (in the conflict of laws sense) in the foreign country;
  • final and conclusive on the merits under the law of that country; and
  • for a fixed or ascertainable sum of money.

The applicant must also establish that the Singapore court has in personam jurisdiction over the judgment debtor, by showing that the judgment debtor:

  • has submitted to the jurisdiction of the Singapore court;
  • has been validly served with the originating process in Singapore; or
  • has been validly served with the originating process outside Singapore (after obtaining leave from the Singapore court).

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
2.2
Must a foreign judgment be final and binding before it can be enforced?
Singapore

Answer ... Generally speaking, yes. Foreign judgments are generally treated as final and conclusive, even if they are subject to appeal.

However, if there is a pending appeal or if the judgment debtor shows that it is entitled to and intends to appeal, it will likely seek to set aside or adjourn the registration proceedings (see questions 2.3 and 4.1).

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
Singapore

Answer ... RECJA: Registration must be refused if the judgment debtor shows that:

  • an appeal for the foreign judgment is pending; or
  • it is entitled to and intends to appeal the foreign judgment.

REFJA: Registration may be set aside or adjourned if the judgment debtor shows that:

  • an appeal for the foreign judgment is pending; or
  • it is entitled to and intends to appeal the foreign judgment.

CCAA: Recognition and/or enforcement may be refused, set aside or postponed if:

  • the foreign judgment is being reviewed or appealed in the state of origin; or
  • the time for applying for a review or appeal in the state of origin has not expired.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
2.4
What is the limitation period for making an application for recognition and enforcement?
Singapore

Answer ... RECJA: An application for registration must be made within 12 months of the date of the judgment, but the court has the discretion to extend this limitation period.

REFJA: An application for registration must be made within six years of the date of the judgment or the date of the last judgment in the proceedings (if the initial judgment was appealed).

CCAA: An application may be made any time, as long as the foreign judgment remains effective in the state of origin (for applications for recognition) and remains enforceable in the state of its origin (for applications for enforcement).

Common law action: An application must be made within the usual limitation period under the Limitation Act – that is, six years from the date of the foreign judgment – since this is a civil law action on an implied debt. There are some exceptions to the Limitation Act, such as the following:

  • If the right of action is to recover a debt/liquidated pecuniary claim or a claim to the personal estate of a deceased, and the person liable or accountable therefor acknowledges the claim or makes payment in respect thereof, the right is deemed to have accrued on (and not before) the date of such acknowledgement or the last payment; and
  • If the action is based on or concealed by fraud of the judgment debtor (or its agent), the limitation period begins to run only when the applicant:
    • has discovered the fraud; or
    • could, with reasonable diligence, have discovered the fraud.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 ... ‘Registration’ refers to the claim (as adjudicated by the foreign court) being regarded as having been fully determined. In this regard, registration is usually sufficient to bar further action on the same facts between the same parties. Registration is also a prerequisite to enforcement.

‘Enforcement’ refers to the actual execution of the foreign judgment (ie, to obtain payment), as though that judgment had been made by a Singapore court.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.2
What is the formal process for recognition and enforcement?
Singapore

Answer ... Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) and Reciprocal Enforcement of Foreign Judgments Act (REFJA): An application for registration is made via ex parte originating summons, supported by affidavit which is subject to further formal requirements in the Rules of Court (see question 3.3).

Thereafter, for enforcement, the applicant must:

  • extract the order granting leave for registration;
  • serve notice of the registration on the judgment debtor, which may apply to the court by summons to have that registered foreign judgment set aside; and
  • wait until the period allowed for setting aside the registration of that foreign judgment expires, before being able to execute the registered foreign judgment. If the judgment debtor had applied to set aside the registration of the foreign judgment, that judgment may be executed only after the final determination of the setting aside matter.

Choice of Courts Agreement Act (CCAA): Application for recognition and enforcement is made via writ of summons or ex parte originating summons, supported by affidavit.

Thereafter, for enforcement, the applicant must serve notice of the order granting recognition and enforcement on every party to the proceedings in which the foreign judgment was obtained, within 28 days. The order must state that any party may apply to set aside the order within 28 days of service (or such longer period if allowed by the Singapore court), and the order takes effect only after this time limit to set aside the order expires.

Common law action: Since the applicant is commencing a fresh action for the judgment debt, the usual rules of commencing an action in the Singapore courts will apply:

  • The applicant must serve the originating process (ie, a writ of summons and statement of claim) on the judgment debtor;
  • The judgment debtor may enter an appearance and file a defence in the fresh proceedings; and
  • The applicant may then apply for summary judgment, assuming that the claim is straightforward, on the basis that the judgment debtor has no defence to the claim.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.3
What documents are required in support of an application for recognition and enforcement?
Singapore

Answer ... The following information builds on question 3.2.

RECJA/REFJA: The formal requirements for the supporting affidavit are contained in Order 67, Rule 3 of the ROC. In particular, the affidavit must:

  • exhibit the judgment (or a verified/certified/duly authenticated copy thereof). If the judgment is not in the English language, it must also be accompanied by a certified translation;
  • state the details of the judgment debtor;
  • state that the applicant is entitled to enforce the judgment and that the judgment (or amount in respect of it) remains unsatisfied; and
  • state that the judgment would not be disallowed from registration under Section 3(2) of the RECJA or would not be set aside under Section 5 of the REFJA, as the case may be.

For applications under the REFJA, the affidavit should also:

  • be accompanied by evidence with respect to enforceability of the judgment by execution in the country of the original court; and
  • state the amount of interest (if any) which, under the law of the country of the original court, has become due under the judgment up to the time of registration.

CCAA: The affidavit must exhibit:

  • a complete and certified copy of the foreign judgment; and
  • a certified copy of the exclusive choice of court agreement.

If the judgment is not in the English language, it must also be accompanied by a certified translation.

Common law action: See question 3.2 above.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.4
What fees are payable for recognition and enforcement?
Singapore

Answer ... The court fees in connection with filing of the relevant documents (see questions 3.2 and 3.3) are payable. The exact quantum of such filing fees depend on various factors (eg, the length of the documents and number of exhibits thereto).

When seeking to engage lawyers to assist in the application for recognition and enforcement, the legal fees for the lawyers’ work will also be payable. Understandably, it is advisable to engage lawyers with experience in such applications and expertise in dispute resolution in Singapore, as they will be able to advise on the appropriate fee quotes, potential difficulties and timelines for the application.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.5
Is the applicant required to provide security for costs?
Singapore

Answer ... RECJA/REFJA: Generally, the court may order the applicant to give security for costs of the application for registration and of any proceedings which may be brought to set aside the registration. This is subject to any contrary directions given in relevant notifications made under the RECJA or relevant orders under the REFJA.

Common law action: Since this is a fresh action by itself, the court may order the applicant to provide security for costs if it thinks it just to do so after considering the circumstances of the case, such as whether:

  • the applicant is ordinarily resident out of jurisdiction; and
  • there is reason to believe that the applicant will be unable to pay the judgment debtor’s costs if ordered to do so.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.6
How long does it usually take to obtain a declaration of enforceability?
Singapore

Answer ... As with most other legal matters, the time taken to obtain an order (in this case, for recognition and enforcement of the foreign judgment) will depend on various factors. In this regard, it is advisable to engage lawyers with experience with such applications, as they will be able to advise on the appropriate fee quotes, potential difficulties and timelines for the application, based on the intricacies of each case.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
3.7
Can the applicant seek injunctive relief while the process is ongoing?
Singapore

Answer ... An injunction generally constitutes a separate application from the application to recognise and enforce the foreign judgment itself.

In short, the party applying for an injunction must show the following:

  • There is a real risk of dissipation of assets (ie, rendering any judgment obtained in the proceedings nugatory);
  • The losses (if an injunction were not granted and the assets were indeed dissipated) would be unable to be adequately compensated by monetary damages;
  • There is a serious question to be tried (ie, the claim is not frivolous/vexatious such that there is some prospect of it succeeding at trial); and
  • The balance of convenience lies in favour of granting the injunction. In this regard, the court may require an undertaking from the applicant to provide damages to the other party whose assets are subject to the injunction, in the event that the court later decides that the injunction should not have been granted or the other party is eventually vindicated.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
Singapore

Answer ... Reciprocal Enforcement of Commonwealth Judgments Act (RECJA): Registration will be refused if:

  • the foreign court acted without jurisdiction;
  • the foreign judgment was obtained by fraud;
  • the foreign judgment relates to a cause of action which the Singapore court would not recognise for public policy reasons;
  • the judgment debtor had not voluntarily appeared/submitted/agreed to submit to the jurisdiction of the foreign court;
  • the judgment debtor had not been served with process and did not appear; or
  • the judgment debtor shows that:
    • an appeal for the foreign judgment is pending; or
    • it is entitled to and intends to appeal the foreign judgment.

Reciprocal Enforcement of Foreign Judgments Act (REFJA): Registration will be set aside if:

  • the foreign court acted without jurisdiction. The foreign court will be deemed not to have jurisdiction if the proceedings were in breach of an agreement to settle the dispute, unless the judgment debtor had submitted to the jurisdiction of that foreign court;
  • the foreign judgment was obtained by fraud;
  • the judgment debtor did not receive notice of the proceedings in the foreign court in sufficient time to enable it to appear to defend those proceedings;
  • enforcement of the foreign judgment would be contrary to the public policy of Singapore; or
  • the rights under the foreign judgment were not vested in the applicant.

Choice of Courts Agreement Act (CCAA): Recognition and enforcement will be refused if:

  • the judgment debtor was not notified of the document by which the foreign proceedings were instituted in sufficient time as to enable it to defend those proceedings;
  • the foreign judgment was obtained by fraud relating to a matter of procedure; or
  • recognition and enforcement would be manifestly incompatible with the public policy of Singapore.

Recognition/enforcement may be refused if:

  • the exclusive choice of court agreement (ECCA) 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 ECCA lacked capacity (under Singapore law) to enter into that agreement;
  • the judgment debtor was notified of the document by which the foreign proceedings were instituted in a manner incompatible with the fundamental principles of service of documents in Singapore;
  • the foreign judgment is inconsistent with a judgment given by the Singapore courts in a dispute between the same parties;
  • the foreign judgment is inconsistent with an earlier judgment given in another state between the same parties on the same cause of action, and the earlier judgment satisfies the conditions under Singapore law for recognition;
  • the foreign judgment is being reviewed or appealed in the state of origin;
  • the timeframe for applying for a review or appeal in the state of origin has not expired;
  • the ECCA designates a particular court which has discretion to transfer the case to another court in the same state and the transferee court issues a judgment against a party that objected to the transfer in a timely matter; or
  • the foreign judgment awards damages in excess of compensation for the actual loss/harm suffered.

Common law action: Recognition/enforcement may be challenged, by raising the relevant grounds in the defence, if:

  • the foreign judgment was procured by fraud;
  • the foreign judgment was obtained in breach of natural justice;
  • recognition and enforcement of the foreign judgment would be contrary to the public policy of Singapore; or
  • recognition and enforcement of the foreign judgment would amount to enforcement of foreign penal, revenue or other public laws.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
4.2
What is the limitation period for filing a challenge?
Singapore

Answer ... There is unlikely to be any direct limitation period for filing a challenge itself per se. However, applicants should take note of the limitation periods for filing the application (see question 2.4).

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
Singapore

Answer ... See question 3.7.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
Singapore

Answer ... Reciprocal Enforcement of Commonwealth Judgments Act/Reciprocal Enforcement of Foreign Judgments Act/Choice of Courts Agreement Act:

The judgment debtor may challenge the court’s decision to recognise and enforce the foreign judgment by applying to set aside the order granting recognition and enforcement (see questions 2.3, 3.2 and 4.1).

Common law action: Since this is a fresh action by itself, the order or decision may be appealed in the same way as other orders and decisions by the relevant court.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
6.2
Can the applicant seek injunctive relief while the appeal is pending?
Singapore

Answer ... See question 3.7.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 usual modes of enforcing judgments that are issued by the Singapore courts will apply. Generally, these include:

  • writ of seizure and sale of immovable and movable properties (including securities such as shares and debentures);
  • garnishee orders to require third parties that are indebted to the judgement debtor (eg, banks) to pay the amount of such debt due to the applicant instead, in satisfaction of the judgment; and
  • appointment of a receiver by way of equitable execution.

In extreme cases, the applicant may also choose to commence bankruptcy or winding-up proceedings against the judgment debtor.

To aid the enforcement process, the applicant may also apply to examine the judgment debtor on his property. If the judgment debtor fails to appear for the examination hearing, the applicant may also ask for an order to commit the judgment debtor for contempt of court.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
7.2
Can the foreign judgment be enforced against third parties?
Singapore

Answer ... See question 7.1 on the enforcement of judgments via garnishee orders.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 ... The Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and the Reciprocal Enforcement of Commonwealth Judgments (Repeal) Bill were passed on 2 September 2019, to streamline the process of recognising/enforcing foreign judgments by consolidating the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) and the Reciprocal Enforcement of Foreign Judgments Act (REFJA)

In short, the bills will effectively repeal the RECJA and amend the REFJA, such that the REFJA will:

  • encompass the recognition and enforcement of all foreign judgments in civil cases; and
  • recognise a wider range of legal judgments on a reciprocal basis (including non-money judgments, interlocutory orders and judgments from the lower courts);

However, the following should be noted:

  • These changes are not yet effective, as the minister has not stipulated the date on which they will take effect (as at the time of writing);
  • The bills do not cover judgments or decisions in criminal cases; and
  • The bills do not affect judgments that are sought to be recognised and enforced under the Choice of Courts Agreement Act or common law actions.

It is also possible that the government may enter into new treaties with other countries. This will enhance the recognition and enforcement of Singapore judgments overseas and vice versa, given that the regime works on a reciprocal basis. This is likely to benefit judgment creditors, given the increasingly transnational nature of legal proceedings and location of assets.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
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 ... Given that enforcement of foreign judgments under the Reciprocal Enforcement of Commonwealth Judgments Act, the Reciprocal Enforcement of Foreign Judgments Act and the Choice of Courts Agreement Act cannot be executed until the expiry of the timeframe allowed for setting aside the foreign judgment, there is a risk that assets may be moved out of the jurisdiction. In this regard, applicants may consider applying for a Mareva injunction against the judgment debtor’s assets.

Applicants should also be aware of the potential grounds on which their application may be refused, set aside or adjourned. This may affect how they approach the proceedings back in the original court in which the foreign judgment arose, especially with regard to issues on:

  • submission to jurisdiction;
  • service of process; and
  • appeals in the original court.

Mr Kyle Yew (Junior Associate) contributed to this Guide.

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