General. Singapore of judgments and awards given in foreign countries which afford reciprocal treatment to judgments given in Singapore, for facilitating the enforcement in foreign countries of judgments given in Singapore and for matters connected therewith. These two statutes apply only to respectively specified countries. Foreign judgments could also be registered in Singapore under either the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) or the Reciprocal Enforcement of Foreign Judgments Act (REFJA). Explore the countries Brunei Both Acts facilitate the registration and subsequent enforcement of foreign judgments in Singapore. Enforcing a foreign judgment. In Singapore, Expat Divorce judgments can either be enforced under common law or under the Reciprocal Enforcement of Foreign Judgments Act (REFJA) or the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). REFJA currently only applies to final money judgments of the superior courts of Hong Kong, SAR. It has not come into force yet. However, the Singapore’s Ministry of Law has recently introduced amendments to REFJA, to be effected through the Reciprocal Enforcement of Foreign Judgments (Amendment) Bill (the "Amendment Bill"). Singapore has existing mutual legal assistance treaties with a number of countries, and these countries will be rendered assistance in accordance with the terms of the respective treaty and the Mutual Assistance in Criminal Matters Act. Cambodia. A judgment is enforced in a recognized court but originated from a court that Singapore has no reciprocal enforcement arrangements with. The REFJA will not apply to foreign judgments covered under the CCAA. In 2019, Singapore was crowned the global frontrunner (out of 141 countries) in having the most efficient legal framework in settling disputes by the World Economic Forum’s Global Competitiveness Report . On 2 June 2016, Singapore ratified the Hague Convention on Choice of Court Agreements 2005 (the “ Convention ”), following the signing of the Convention on 25 March 2016. The REFJA is based on the principle of reciprocity between Singapore and foreign jurisdictions. Notably, both the RECJA and REFJA have been amended to clarify that they cease to apply where a foreign judgment may be recognised and/or enforced under the CCAA. These are the EU member states, (except Denmark), and Mexico. In contrast, a Singapore Court judgment may be recognised and enforced in only 11 states pursuant to the foreign equivalent of the Singapore’s Reciprocal Enforcement of Commonwealth Judgments Act (“RECJA”) and the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”).1 I Connection to Belt and Road projects. The Acts serve to streamline Singapore’s reciprocal enforcement regime into a single statutory regime, by repealing the RECJA and subsuming the same under an expanded REFJA. Bills to streamline reciprocal enforcement of foreign ... Currently, the Convention is binding on the European Union and all its member states (except Denmark) and Mexico. In many countries, it stops there. For the former, the court must have in personam jurisdiction over the defendant, making it easier to enforce a foreign judgment under … (1) In this Act, unless the context otherwise requires —. It will be argued in this note that, although well-intended, the construction placed on section 3(2)(f) (RECJA), by the Singapore Court of Appeal is not supportable. 61 Carl Zeiss Stiftung v Raynor & Keeler Ltd [1967] 1 AC 853 at 919; Varvaeke v Smith [1983] 1 AC 145 at 162. Singapore These Acts allow the enforcement of judgments from certain specified courts in the United The Maintenance Orders (Reciprocal Enforcement) Act (Cap 169) allows Once these requirements are met, the court will recognise your foreign judgment. The RECJA Repeal Bill seeks to repeal the Reciprocal Enforcement of Commonwealth Judgments Act (“ RECJA ”) and to make consequential amendments to the Reciprocal Enforcement of Foreign Judgments Act (“ … “appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or stay of execution; “country” includes a territory; ... especially the Singapore Convention, BAIAC and the Refja reforms. Enforcement Of Foreign Judgments In Singapore. | Conventus Law In a civil case, the court may make an order or judgment in favour of a party (the judgment creditor).The party against whom the order or judgment is made is the judgment debtor.. If the RECJA or REFJA applies, Singapore superior court judgments are enforceable in RECJA or REFJA countries. The REFJA applies to judgments given in foreign countries that afford reciprocal treatment to judgments given in Singapore. The 2019 REFJA is intended to recognise and enforce foreign judgments in Singapore on the basis of reciprocity between Singapore and the relevant foreign country. The REFJA presently applies only to the superior courts of Hong Kong SAR (for judgments on or after 1 July 1997). In 2019, the Singapore Parliament passed two bills to amend the REFJA and repeal the RECJA. The former has come into force on 3 October 2019 but not the latter. The Act also provides for judgment or order made by the Brunei courts to be enforced in reciprocating countries listed in the Schedule; Malaysia; and Singapore. With the CCAA, there are now three statutory schemes in place governing the recognition and enforcement of foreign judgments in Singapore, namely, the CCAA, Reciprocal Enforcement of Commonwealth Judgments Act (RECJA), and Reciprocal Enforcement of Foreign Judgments Act (REFJA). A Q&A guide to aviation finance in Singapore. This appeal concerned an application to set aside the registration of a consent judgment granted in Malaysia in November 2019 (“2019 Consent Judgment”) (at [1]). Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev. 4. China’s Belt and Road Initiative (the “BRI”), an ambitious plan to connect the world and promote regional connectivity and economic integration, is set to boost global GDP by over US$7 trillion per annum by 2040. This article assumes that the REFJA will ... in the Court's discretion to non-money judgments provided there is substantial reciprocity of treatment as … Facts. Sum of money in respect of a fine or other penalty 25 Counsel for the defendant argued that the US Judgment was unenforceable in Singapore by virtue of s 3(2)(b) of the REFJA. 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. The Both Acts facilitate the registration and subsequent enforcement of foreign judgments in Singapore. Currently, judgments from the superior courts of a total of 11 jurisdictions, including the United Kingdom, Australia and Sri Lanka, may be registered under the Refja and Recja. The registration of foreign judgments in Singapore was governed by the Reciprocal Enforcement of Foreign Judgments Act (REFJA) and the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). The Choice of Court Agreements Act 2016 (CCAA) was passed by the Singapore Parliament on 14 April 2016. Litigation is the primary method of resolving commercial disputes in Singapore. REFJA enable foreign judgments or order made by the courts in the reciprocating countries listed in the Schedule to be enforce in Brunei Darussalam. Expand All. LVM Law Chambers LLC is a vibrant and technology-enabled boutique disputes practice in Singapore founded in 2017. Memorandum of court of abaco, parties and foreign applications for conservatory measures or shocking to grant leave to before then make them with additional award. Parliament of Singapore, as follows: 3. II. The combined reach of both these Acts extend to 11 countries (United Kingdom, Australia, Hong Kong, New II.1 RECJA and REFJA . 3 The general scheme of the Convention is broadly similar to … (REFJA) Issues to consider in implementation • Whether there are any inconsistencies between existing Singapore legislation and the Convention to be reconciled. 8. The effect of the two Acts will be to consolidate Singapore’s statutory regime on the reciprocal enforcement of foreign judgments into a single framework. The Singapore Convention will come into effect once at least three countries have ratified it, which is expected to happen by early 2020. The REFJA does not apply to any judgment which may be recognised or enforced in Singapore under the Choice of Court Agreements Act 2016 (No 14 of 2016). Litigation is the primary method of resolving commercial disputes in Singapore. On 3 rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. This Act may be cited as the Reciprocal Enforcement of Foreign Judgments Act. 6.1.3 Every country has its own conflict of laws rules. (“REFJA ”), relevant to Hong Kong Special Administrative Region of the People’s Republic of China (for judgments on or after 1 July 1997). The Y eo, Commercial Conflict of Laws in Singapore (CCOLS), Chapter 4, ([65]-[114]) 1. The Acts serve to streamline Singapore’s reciprocal enforcement regime into a single statutory regime, by repealing the RECJA and subsuming the same under an expanded REFJA. Singapore’s subordinate court judgments are not enforceable overseas by statutory enforcement. If you are the judgment creditor obtaining a judgment for the payment of a sum of money in a court of law outside of Singapore (foreign jurisdiction) specified in the … 1.1 General Characteristics of the Legal System. The firm is experienced in international disputes before the Singapore International Commercial Court and covers the full range of commercial litigation matters, including building and construction, constitutional law, debt recovery, defamation, fraud, and white-collar crime. Secondly, given the degree of connection of the case with Singapore and with other countries, the Singapore court may not exercise its jurisdiction unless it is satisfied that it is the most appropriate forum for the dispute. In terms of foreign court judgments in civil proceedings which fall outside of the Hague Convention framework, Singapore’s existing legislative framework consists of two Acts, the Reciprocal Enforcement of Commonwealth Judgments Act (“RECJA”), and the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”). This Act does not apply to any judgment which may be recognised or enforced in Singapore under the Choice of Court Agreements Act 2016. , Evidence — Weight of evidence, Contract — Misrepresentation , Criminal Procedure and Sentencing — Sentencing, Criminal Law — Statutory offence Asian Principles for the Recognition and … The European Union (“EU”), with the exception of Denmark, forms the main bulk of the countries that Short title and commencement 1. However, REFJA does not apply to the Choice of Court Agreements Act 2016 (Chapter 39A). Aircraft leasing companies that derive income from onshore or offshore leasing of aircraft or aircraft engines, or that provide finance for the acquisition of an aircraft by any airline company, may qualify for concessionary rates and limited exemptions from goods and services tax in Singapore. Y eo, Commercial Conflict of Laws in Singapore (CCOLS), Chapter 4 ([1]-[6 7], [115]-[117]) Y eo , ‘Common Law Devel opments Rela ting to For eign Judgments’ , 9 th Y ong Pung How Prof essor ship of Law Lecture Section 5(1)(a)(v) of the REFJA, there is an extant “public policy” ground for setting aside the ... Law Act, such as under the Sale of Goods Act should be enforceable in both countries. If you are the judgment creditor obtaining a judgment for the payment of a sum of money in a court of law outside of Singapore (foreign jurisdiction) specified in the … ... (“REFJA”), Singapore’s ratification of the Convention will significantly extend the enforceability of Singapore court judgments. Majmudar & Y.K. Currently, 28 countries are party to the Convention. (“RECJA”). 2.—. 1.1 Anticipated role of Singapore within Belt and Road scheme. for Singapore, as it is possibly the first reported appellate decision in the Commonwealth to address this problem, which is prevalent in many Commonwealth countries. Judgments Act (Cap. Between April and May 2019, the Singapore Ministry of Law had invited feedback on the proposed Reciprocal Enforcement of Foreign Judgments (Amendment) Bill. There were a total of 11 countries covered under the two acts, specifically: 1. 1.3 Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments? The 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). It is not yet in force, but the … Its dynamic team of 20-plus lawyers and legal professionals is led by Mr Lok Vi Ming SC and Mr Joseph Lee. Annual Caseload. Singapore chapters of ”Doing Business in Asia”, a project that required the support of various other partners and associates in Colin Ng & Partners LLP ("CNP"). In such case an analysis of the local legislation of the country where a party seeks to enforce a Singapore judgment has to be analysed. 63 If the … Independent Legal Counsel, Singapore City, Republic of Singapore ... final and conclusive on the merits by the law of that particular country. 62 The Royal Bank of Scotland NV (formerly known as ABN AMRO Bank NV) v TT International Ltd [2015] 5 SLR 1104 (CA) at [99]. Welcome to the ASEAN Judiciaries Portal (AJP), the website of the Council of ASEAN Chief Justices (CACJ). 2.—. II.1 RECJA and REFJA The United Kingdom, Australia, New Zealand, Sri Lanka, Malaysia, Pakistan, Hong Kong (for judgments obtained up until 30 June 1997), Windward Islands, Brunei Darussalam, Papua New Guinea and India (except the states of … Corresponding Section Below. REFJA The REFJA applies to judgments from the Hong Kong SAR High Court and Court of Final Appeal. It is singapore court decide on this will be made by port and refja applies, memorandum singapore counsel for trial dates library usage. jurisdictions including Singapore relating to the recognition and enforcement of ... (REFJA). Likewise, a judgment in Singapore under the International Convention of the Sale of … REFJA recognises and enforces the following foreign judgments: money judgments; 264) or the Reciprocal Enforcement of Foreign Judgments Act ("REFJA") (Cap 265) allow civil judgments from the superior courts of UK and some other countries to be registered for enforcement in Singapore, provided that the conditions set out in these respective laws are met. The effect of the two Bills will be to consolidate Singapore’s statutory regime on the reciprocal enforcement of foreign judgments into a single framework. For example: Definitions of “international”, “civil or commercial” Extent of a Singapore Court’s discretion to decline jurisdiction where there is an exclusive choice of The REFJA applies to judgments given in foreign countries that afford reciprocal treatment to judgments given in Singapore. the foreign country. The combined reach of both these Acts extend to 11 countries (UK, Australia, Hong Kong, New Zealand, Sri Lanka, Malaysia, Windward … Concurrently, RECJA is also In a civil case, the court may make an order or judgment in favour of a party (the judgment creditor).The party against whom the order or judgment is made is the judgment debtor.. (REFJA) in 2019. However, “Doing Business in Asia” provides a comparison of the laws and regulations RECJA/REFJA/CCAA: The High Court of Singapore. Singapore’s subordinate court judgments are not enforceable overseas by statutory enforcement. Short title and commencement 1. Some conflict of laws issues have been the subject of international conventions, but many remain to be resolved by individual countries’ conflict of laws rules. REFJA or RECJA. The REFJA applies to judgments given in foreign countries that afford reciprocal treatment to judgments given in Singapore. 4. Between April and May 2019, the Singapore Ministry of Law had invited feedback on the proposed Reciprocal Enforcement of Foreign Judgments (Amendment) Bill. The CCAA. In short, it is mostly dependent on the law of the enforcement country whether and how a Singapore judgment can be enforced. The AJP is intended to showcase the laws of the ASEAN Member States, foster judicial cooperation and encourage the development of trade and investment for the ASEAN region. Singapore as a pragmatic, nimble, knowledge-based … 7 A judgment from a gazetted country which is registered under either the RECJA or the REFJA, as the case may be, would be enforceable in Singapore as if it had been an original Singapore judgment. More importantly, the Amendment Act also provides a new framework that expands the scope of reciprocal arrangements that Singapore can enter into with foreign countries. ENFORCEABILITY OF SINGAPORE JUDGMENTS IN ASEAN Enforcement of Singapore judgments in ASEAN countries can prove cumbersome depending on the country where enforcement is sought. Vietnam. This article discusses the changes which these Bills are expected to bring to the recognition and enforcement of foreign judgments in Singapore. II. The REFJC … Philippines. The same public policy of the forum will be contravened by the recognition or the enforcement in the forum of a foreign judgment which has enforced such a contract. Both the US and Ukraine are signatories to the Convention. In common law countries, i t is a matter of international relations as far international conventions and to extent some ... Singapore common law, the foreign court has … Laos. There are currently two paths to enforcing foreign court judgments in Singapore: under one of the country's reciprocal enforcement Acts or through a common law action. Recognition and enforcement under RECJA and REFJA is a straight forward process. REFJA or RECJA Foreign judgments can also be registered in Singapore under either the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) or the Reciprocal Enforcement of Foreign Judgments Act (REFJA). In addition, the International Arbitration Act (Chapter 143A) allows for Singapore awards … Enforcing a foreign judgment. Non-monetary judgments cannot be enforced under the RECJA and REFJA. Interpretation. The Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and Reciprocal Enforcement of Commonwealth Judgments (Repeal) Bill were introduced in Parliament on 5 August 2019. Civil proceedings may be commenced in either the Supreme Court or the State Courts, depending on the quantum of the claims. In contrast, a Singapore Court judgment may be recognised and enforced in only 11 states pursuant to the foreign equivalent of the Singapore’s Reciprocal Enforcement of Commonwealth Judgments Act (“RECJA”) and the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”).1 Brunei. Myanmar. Singapore has existing mutual legal assistance treaties with a number of countries, and these countries will be rendered assistance in accordance with the terms of the respective treaty and the Mutual Assistance in Criminal Matters Act. When the RECJA or REFJA does not apply, the enforcement becomes more complex. The registration of foreign judgments in Singapore was governed by the Reciprocal Enforcement of Foreign Judgments Act (REFJA) and the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). 2 Currently, the only parties to the Convention are Mexico, the United States, and the European Union. 1. national law, which can vary considerably from country to country. More importantly, the Amendment Act also provides a new framework that expands the scope of reciprocal arrangements that Singapore can enter into with foreign countries. 1. geographically, the recja is valid in the uk, malaysia, brunei darussalam, india (except the state of jammu and kashmir), pakistan, the commonwealth of australia, and the states of new south wales, queensland, south australia, tasmania, victoria, and western australia, the australian capital territory, norfolk island and the northern territory, … (Bloomberg) -- Singapore will freeze new ticket sales for flights and bus trips under its vaccinated travel lanes for entry from Dec. 23 to Jan. 20 as the city-state looks to stem the importation of the omicron variant from countries where it is spreading rapidly. This Act may be cited as the Reciprocal Enforcement of Commonwealth Judgments Act. The three main methods in Singapore for resolving disputes are litigation, arbitration, and mediation. The Royal Bank of Scotland NV (formerly known as ABN AMRO Bank NV) v TT International Ltd [2015] 5 SLR 1104 (CA) at [98]. Common Law - Defences t o the recogni tion and enfor cement of a for eign judgment These statutory rules are in addition to the common law regime. Ed.) First, there must be a legal connection between the case or the defendant and Singapore for jurisdiction to exist. The Reciprocal Enforcement of Foreign Judgments Bill (the “ Bill ”) – presently in draft – proposes significant amendments to the Reciprocal Enforcement of Foreign Judgments Act (Cap. An action to enforce a foreign judgment at common law is a comparatively cumbersome process. Non-monetary judgments cannot be enforced under the RECJA and REFJA. Singapore (/ ˈ s ɪ ŋ (ɡ) ə p ɔːr / ()), officially the Republic of Singapore, is a sovereign island city-state in maritime Southeast Asia.It lies about one degree of latitude (137 kilometres or 85 miles) north of the equator, off the southern tip of the Malay Peninsula, bordering the Straits of Malacca to the west, the Riau Islands to the south, and the South China Sea to the east. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. RECJA and REFJA • Both RECJA and REFJA provide for reciprocal enforcement of money judgments from superior courts of gazetted countries • Procedure for registration of foreign judgments under RECJA and REFJA – Judgment creditor applies for registration ex parte in the Singapore High Court country are gazetted depends upon the reciprocity of treatment being given to Singapore judgments. Singapore is a party to the New York Convention—arbitral awards from other member states are enforceable in Singapore, and vice versa. The New York Convention applies to the recognition and enforcement of foreign arbitral awards and the referral by a court to arbitration. Enforcing Foreign Non-Monetary Judgments In Singapore. If you want to enforce the judgment, however, you need to start a separate action on the judgment. (1) In this Act, unless the context otherwise requires —. Country Report: Singapore 165 . After 1 October 2016, the number of countries will increase to 39. enforced in Singapore under the Choice of Court 20 Agreements Act 2016. •REFJA: 2A.This Act does not apply to any judgment which may be recognised or enforced in Singapore under the Choice of Court Agreements Act 2016. Have submitted to the jurisdiction of that court, either by conduct or agreement. Judgments Act (Cap. Civil proceedings may be commenced in either the Supreme Court or the State Courts, depending on the quantum of the claims. The advent of the CCAA is one that should be welcomed by parties seeking to enforce a foreign judgment in Singapore, given the relatively fewer constraints it presents.

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