Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2023
 

Reciprocal Enforcement of Foreign Judgments Regime in Singapore to be Consolidated from 1 March 2023

Singapore, as a regional hub for dispute resolution, has been developing its framework for the enforcement of foreign judgments, with arrangements in place with a number of countries for the reciprocal enforcement of judgments.


The reciprocal enforcement of foreign judgments regime in Singapore has now been consolidated under the Reciprocal Enforcement of Foreign Judgments Act ("REFJA"). The Commonwealth countries with which Singapore has reciprocal enforcement arrangements have been duly transferred to the REFJA from 1 March 2023.


Previously, the countries which fell within the reciprocal enforcement of foreign judgments regime were split between the REFJA and the Reciprocal Enforcement of Commonwealth Judgments Act ("RECJA"), with the RECJA governing prescribed Commonwealth countries. To consolidate the reciprocal enforcement regime, the reciprocating Commonwealth countries under the RECJA have been transferred to the REFJA pursuant to the Reciprocal Enforcement of Foreign Judgments (United Kingdom and the Commonwealth) Order 2023 ("UK and Commonwealth Order"), and the RECJA has been repealed from 1 March 2023.


Previously, the RECJA only allowed for the registration of money judgments given by superior courts in civil proceedings. After the transfer, the scope of registrable judgments from the countries listed in the UK and Commonwealth Order has been expanded to include:


  1. Money judgments from lower courts (in as far as such courts are listed as recognised courts in the UK and Commonwealth Order);
  2. Interlocutory money judgments (in as far as they are final and conclusive as between the parties to it); and
  3. Judicial settlements, consent judgments and consent orders (in as far as they are final and conclusive and a sum of money is payable under them).

For more information, click here to read our Legal Update.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

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Contacts:

Francis Xavier, SC, PBM
Partner
D +65 62320551
francis.xavier@rajahtann.com

Chia Kim Huat
Partner
D +65 62320464
kim.huat.chia@rajahtann.com

Howard Cheam
Partner
D +65 62320685
howard.cheam@rajahtann.com

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