COL 5 - Foreign Judgments

Foreign court decisions that can be recognized and enforced in Singapore under specific conditions.

Specific criteria a foreign judgment must meet to be recognized as valid in Singapore, including jurisdiction and finality.

Arguments a judgment debtor can use to prevent a foreign judgment from being recognized in Singapore, such as injustice or fraud.

Recognized foreign judgments that can be legally enforced in Singapore, primarily for monetary awards.

A legal doctrine based on recognised foreign judgments that prevents relitigating specific issues already decided by the foreign court.

A legal doctrine related to issue estoppel but focused on specific forms of foreign judgments.

Foreign judgments can provide a way to resolve disputes conclusively without needing to litigate in Singapore courts, especially when there are assets involved, provided they are properly recognised.

Criteria used to determine if a foreign court has valid jurisdiction over a case.

In domestic jurisdiction, service is required to establish jurisdiction. Presence alone is insufficient. However, in foreign jurisdiction, presence can suffice.

The judgment debtor's voluntary participation in the foreign proceedings establishes jurisdiction over them.

A clause in an agreement that specifies which court has authority to resolve any disputes arising from the agreement.

Strong ties between the case and the jurisdiction (e.g., a legal connection, specific event's location). This exists for domestic jurisdiction but may not exist for foreign jurisdiction.

If a defendant is present in the foreign state when foreign proceedings are commenced, it can establish jurisdiction over them.

The action taken by a party in the foreign court (voluntarily) signifies acceptance of the foreign court's jurisdiction.

Criteria for establishing jurisdiction in Singapore courts. It differs from the foreign court's jurisdiction criteria.

Singapore's legal framework that sets standards for foreign court recognition, but the differences (from domestic) are still in debate

Fraud that relates directly to the evidence or arguments presented in a case, which the foreign court didn't consider.

Fraud that's outside the case itself, like bribing a witness or forging documents, even if the foreign court already considered the evidence.

Refusing to recognize a foreign judgment if it violates Singapore's fundamental values or laws.

A serious mistake by a foreign court when applying Singapore law, which can make the judgment unacceptable in Singapore.

A foreign judgment may be unacceptable if it involves intrinsic fraud, is contrary to Singapore's public policy, or if the foreign court made a serious error in applying Singapore law.

A Singapore domestic judgment can be enforced even though it is appealable.

A foreign judgment issued during a preliminary stage of proceedings (not a final decision) can still be recognized if it addresses a crucial legal issue.

A foreign judgment is final and conclusive only on specific legal issues determined, not the overall merits of the case.

A clause within a contract requiring disputes to be resolved in a specific jurisdiction (like Singapore).

A foreign court can consider if a Singapore jurisdiction clause was obtained fraudulently or under duress, affecting its validity.

Singapore courts can recognize a foreign judgment on issues like a jurisdiction clause's existence. But not on broader merits of the claimant's case.

A judgment debtor can challenge the enforcement of a foreign judgment using reasons like breaches of natural justice, fraud, or public policy.

Rules ensuring fair trials; a defendant in a foreign judgment can raise this as a defense if the trial was unfair.

A defendant in a foreign judgement can argue fraud to oppose its recognition.

Foreign judgments that violate Singapore's public policy may not be recognized.

A judgment debtor cannot re-argue intrinsic fraud in Singapore courts if the foreign court already considered the evidence and ruled on its legitimacy.

A judgment debtor can challenge the foreign judgment in Singapore courts if they have new evidence suggesting intrinsic fraud that wasn't presented to the foreign court.

A foreign court's bias against the judgment debtor, without considering intrinsic fraud fairly, may violate natural justice, providing grounds to challenge the judgment in Singapore.

A judgment debtor can defend against a foreign judgment's recognition in Singapore by claiming the judgment was obtained through fraud, either intrinsic or extrinsic.

A fundamental principle of natural justice, where all parties have a chance to present their case and argue their side of the story.

A judgment issued against a defendant who fails to appear in court or properly defend themselves, potentially obtained through misleading information.

The requirement to provide all relevant information and evidence to the court, ensuring transparency and a fair trial.

Dishonest or unethical tactics used to gain an unfair advantage, such as misleading others or taking advantage of their vulnerable position.