SINGAPORE Law and Practice Contributed by: Jansen Chow and Ang Leong Hao, Rajah & Tann Singapore LLP
defendant. A defendant may resist enforcement by arguing, amongst other things, that the for - eign judgment was procured by fraud, obtained contrary to natural justice or that enforcement would be contrary to public policy. Choice of Court Agreements Act 2016 Second, a foreign judgment may be enforced pursuant to the regime under the Choice of Court Agreements Act 2016 (CCAA), which gives effect to the Hague Convention on Choice of Court Agreements (the “Hague Convention” ). Under the CCAA regime, a foreign judgment from a court of a state party to the Hague Con - vention may be enforced in Singapore subject to requirements and exceptions under the CCAA. The broad stages are as follows. • A judgment creditor who seeks to enforce a foreign judgment in Singapore needs to first commence an originating application without notice supported by an affidavit. The judg - ment creditor would have to exhibit in the supporting affidavit, amongst other things, the foreign judgment seeking to be enforced (Order 37 Rule 2 of the Rules of Court 2021). (a) At this stage, a Singapore court would only agree to enforce the foreign judg - ment if it is enforceable in the state where the foreign judgment originates from. In deciding whether to enforce a foreign judgment, the Singapore court cannot review the merits of the foreign judgment except as permitted under the CCAA. Additionally, the Singapore court is bound by any findings of fact by the foreign court that handed down the foreign judgment, unless it was a default judgment (Section 13 of the CCAA). (b) A Singapore court must refuse to en - force the foreign judgment if it is obtained without giving the defendant notice of
the foreign proceedings or by fraud, or if the enforcement of the foreign judgment would be contrary to the public policy of Singapore (Section 14 of the CCAA). (c) A Singapore court may refuse to enforce the foreign judgment under Section 15 of the CCAA. For instance, a Singapore court may refuse to enforce a foreign judgment that is inconsistent with a judg - ment given by a Singapore court in a dispute between the same parties. • The judgment creditor has to effect service of the court order together with a copy of the foreign judgment on every party to the case or proceedings in which the foreign judgment was obtained within 28 days after the date on which the court order is made. The judgment creditor must, within 14 days after the date on which the court order and the copy of the foreign judgment are served on a party, file an affidavit of service on that party (Order 37 Rule 6 of the Rules of Court 2021). • A judgment debtor may file for an applica - tion to set aside the court order relating to the foreign judgment (Order 37 Rule 7 of the Rules of Court 2021). This application must be made within 28 days after the date on which the court order, and a copy of the for - eign judgment, were served on the judgment debtor or such longer period as the court may allow. A judgment debtor may rely on the grounds provided under Sections 14 and 15 of the CCAA to set aside the court order. • If the court order is not set aside, a judgment creditor who wishes to apply for an enforce - ment order to enforce the foreign judgment must produce to the court: the court order, a copy of the foreign judgment, and an affida - vit of service on the party against whom the enforcement is sought (see Order 37 Rule 10 of Rules of Court 2021).
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