Study On Singapore's Institution On Recognition And Enforcement Of Foreign Judgments

In recent years,China and Singapore keep frequent exchanges at various aspects.And with the Belt and Road's improvement,the various exchanges especially economic and trade exchanges between China and Singapore will be increasingly frequent,while which is followed by more and more civil and commercial disputes.If the parties choose litigations to solve their disputes,there may be the question of recognition and enforcement of foreign judgments.This article chooses one of the countries along the Belt and Road which is Singapore to study its institution on recognition and enforcement of foreign judgments.Chapter one introduces briefly Singapore's institution on recognition and enforcement of foreign judgments,including its theoretical basis and legal basis.The theory of obligation is always the theoretical basis of Singapore's institution on recognition and enforcement of foreign judgments.In the legal basis,this article introduces Singapore's main sources of law and related applicable law.As a typical common law country,Singapore's main sources of law are legislation and common law.Singapore's applicable law on recognition and enforcement of foreign judgments are composed of legislation including RECJA,REFJA and Choice of Court Agreements Act 2016 and Common law.Chapter two studies the proceedings of recognition and enforcement.The proceedings of recognition and enforcement in Singapore can be divided into two types:one is the registration proceeding provided by RECJA and REFJA,and the other is common-law action proceeding in accordance with Choice of Court Agreements Act 2016 and common law.Chapter three explores the review of Singapore's courts.Firstly,the trail court shall not review the merits of the foreign judgment,except to the extent necessary to review the conditions of recognition and enforcement.As to the conditions,every applicable law's rules are different.Even if RECJA and REFJA whose legislation models are much similar,the related rules are quite different.The main purpose of making Choice of Court Agreements Act 2016 is to give effect to the Convention on Choice of Court Agreements done at The Hague on 30 June 2005(hereinafter Hague Convention)and its most rules follows Hague Convention,while in order to adapt to the actual situation of Singapore,there are some differences between Choice of Court Agreements Act 2016 and Hague Convention.The conditions provided by common law are less in number,but there are more disputes,such as the standards of international jurisdiction,fraud,and public policy,the meaning of natural justice and the question of limitation,etc.Chapter four analyses the general characteristics of Singapore 's institution on recognition and enforcement of foreign judgments,and analyses the problems and solutions from the perspective of Singapore's legislative purpose.The final chapter concludes the question of Chinese judgments' recognition and enforcement in Singapore.There is no applicable legislation and the judgment creditor wanting a Chinese judgment to be recognized and enforced in Singapore has to institute a suit.Because of the differences of law,some Chinese judgments may not be recognized or enforced in Singapore.Until 2014,for the first time Singapore court recognized and enforced Chinese judgment.According to this case,Chinese Court deemed that there is a reciprocal relationship between Chinese and Singapore,and in 2016 Chinese court for the first time recognized and enforced judgment made by Singapore court.Thus the relationship of China and Singapore on reciprocal recognition and enforcement has a great development.Nowadays,the situation of Chinese judgments' recognition and enforcement in other countries is still tough.In order to change this situation,China had better to adopt more open and active attitude on reciprocal relationship,improve bilateral judicial assistance treaties,and conclude related conventions especially Hague Convention.