Enforce a Foreign Judgment in Singapore

REFJA

The REFJA applies to judgments from the Hong Kong SAR High Court and Court of Final Appeal.

The REFJA is based on the principle of reciprocity between Singapore and foreign jurisdictions.

REFJA recognises and enforces the following foreign judgments:

• money judgments;
• non-money judgments, if having regard to the circumstances of the case and the nature of relief contained in the judgment, the Singapore court is satisfied that the enforcement of the judgment would be just and convenient;
• Default judgments; and
• Interlocutory judgments.

REFJA does not recognise the following foreign judgments as judgments:

• Judgments given by a recognised court on appeal from a court that is not a recognised court.
• Judgments or other instruments regarded for the purposes of its enforcement as a judgment of that court but which was given or made in a foreign country.
• Judgments given by that court in proceedings founded on a judgment of a court in another foreign country and having as their object the enforcement of the second-mentioned judgment.

REFJA does not allow the following judgments to be registered:

• A judgment which has been wholly satisfied.
• A judgment which has been discharged.
• A judgment which could not be enforced by execution in the country of the original court.

If it appears to the court that a money judgment is actually an award of exemplary or punitive damages, the judgment can only be registered for the compensatory portion of the money judgment. 

Registration must be set aside under specified grounds, including when any of the following are applicable: 

• The foreign court acted without jurisdiction.
• The judgment debtor did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court, or was not duly served with the process of the court and did not appear.
• The judgment was obtained by fraud.
• The Singapore court would not have entertained the claim for public policy reasons. 

Process: An ex parte application is made to the High Court to register the judgment. After registration, the judgments can be enforced as judgments of the Singapore High Court. Unless stipulated otherwise by the Singapore court, the judgment creditor must apply to have the judgment registered in Singapore within 12 months after the date of the judgment.

Important Note: REFJA was amended to combine RECJA and REFJA into a single Act. The 2019 REFJA is intended to eventually be the main statute which governs the recognition of foreign judgments in Singapore.  Some amendments have not come into effect yet.

CCAA

The CCAA applies to judgments:

• from a court of a state that is party to the Hague Choice of Court Convention; and
• that have been given in international cases where there is an exclusive choice of court agreement concluded in a civil or commercial matter. 

However, recognition and/or enforcement must be refused if: 

• The defendant was not notified of the originating process in time to enable them to defend the proceedings.
• The judgment was obtained by fraud in connection with a matter of procedure.
• Recognition or enforcement would be manifestly incompatible with the public policy of Singapore.

Important Note: RECJA and REFJA do not apply to judgments which may be recognised under CCAA.

Common law

Foreign money judgments that do not fall under RECJA, REFJA or CCAA may be enforced in the common law by commencing an action for a judgment debt. However, the Singapore courts will not enforce the foreign judgment if:

• It was procured by fraud.
• It would be contrary to Singapore public policy.
• It would amount to the direct or indirect enforcement of foreign penal, revenue or other public laws.