NO&T Dispute Resolution Update
NO&T Asia Legal Review
Singapore has recently introduced reforms to its statutory framework for the recognition and enforcement of foreign court judgments.
In general, foreign court judgments may be enforced in Singapore (i) through a common law action for the judgment debt or (ii) by registration under statute. With effect from 1 March 2023, a single regime under the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) will govern the registration of foreign judgments in civil proceedings.
The new framework marks an important step in expanding the scope of judgments covered under the REFJA. It also positions Singapore to negotiate further reciprocal enforcement agreements on a country-by-country basis. As the REFJA regime continues to develop, litigants can expect to realise a wider range of civil remedies obtained from foreign courts.
The reforms comprise the repeal of the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (“RECJA”) and consequential amendments to the REFJA. With the repeal of the RECJA, the statutory framework for reciprocal enforcement of judgments is now consolidated into a single regime under the REFJA. This is intended to streamline the process and improve efficiency for litigants seeking to enforce foreign court judgments in Singapore.
The REFJA currently applies to the following jurisdictions, the majority of which were transferred from the RECJA:
Details of the reciprocal arrangements for enforcement between Singapore and each of the above listed jurisdictions (such as recognised courts and types of registrable judgments) are set out in two orders:
A judgment registered under the REFJA would, for the purposes of enforcement, have the same force and effect of a judgment issued by the Singapore courts.
The REFJA may, with time, be expanded to include reciprocal enforcement agreements or arrangements with other countries. These would be negotiated and agreed with each country on an individual basis. Likely factors to be considered include: the extent to which the court systems of Singapore and that of the foreign country are compatible, the needs of litigants and the respective interests of the countries’ considered.
Prior to the reforms, only final money judgments from superior courts of recognised jurisdictions could be enforced by registration. The REFJA has now been expand in scope to include an additional four types of judgments issued in civil proceedings:
These developments are significant in at least the following ways.
As the REFJA regime is founded on the principle of reciprocity, the Act sets out certain circumstances in which foreign judgments that will not be recognised. For example, the following judgments would not be recognised:
As Singapore does not have an existing reciprocal enforcement agreement or arrangement with Japan, a money judgment issued by the courts of Japan may be enforced in Singapore by commencing a fresh action for the amount due under it. This will be subject to common law requirements being met (such as the judgment being for a definite sum of money, final and conclusive as between the same parties).
Litigants from Japan who obtain covered judgments from current recognised jurisdictions under the REFJA as set out above may, however, apply for enforcement by registration under the REFJA.
Singapore continues to position itself as a choice center for international dispute resolution and settlement, including through regular review and improvements to its legal infrastructure. The new REFJA regime will in practical terms enable litigants to enforce a wider range of judgments granted by foreign courts, including important non-monetary and interlocutory remedies.
This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.
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