1. Singapore has recently changed its laws to streamline enforcement of non-Singaporean judgments. Rather than operating two separate regimes for the recognition and enforcement of Commonwealth and non-Commonwealth judgments, non-Singaporean judgments may now be enforced under a single regime if the country of the judgment falls within the list of qualifying countries. Judgments from countries that are not on the qualifying list can still be enforced by the traditional method of making a claim in the Singapore court for a debt owed under the non-Singaporean judgment.
2. Prior to 1 March 2023, there were three ways parties could enforce non-Singaporean judgments held in their favour: (1) through the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (RECJA), (2) through the Reciprocal Enforcement of Foreign Judgments Act 1959 (REFJA), or (3) by commencing common law action in the Singapore Courts for the judgment debt arising from the non-Singaporean judgment.
3. Upon the repeal of RECJA, most countries previously covered by RECJA will now be covered under REFJA.¹ In addition, the updated regime will extend the scope of REFJA to recognise and enforce the following categories of non-Singaporean judgments²:

i. Non-money judgments

This includes orders that prohibit the movement of assets, among others. This is a common order granted to parties in cross-border disputes that we increasingly see in this day and age. The updated regime gives Singapore’s Courts the discretion to register non-Singaporean judgments that do not relate to payment of money if it is of the opinion that such enforcement would be just and convenient. Otherwise, the Court may order the non-Singaporean judgment to be registered based on a sum it considers to be equivalent to the relief.

ii. Lower court judgments

As REFJA is reciprocal in nature, this means that judgments from the State Courts are likely to be enforceable overseas as well.

iii. Interlocutory judgments

This would assist parties who obtain injunctions from non-Singaporean courts that are not considered a final judgment, thereby protecting the claimant’s position before a final judgment is obtained.

iv. Judicial settlements, consent judgments and consent orders.

4. With the recognition of a wider variety of foreign judgments, and the vast experience Dentons Rodyk has in enforcing foreign judgments in Singapore, this is certainly a welcomed update. Furthermore, as economies recover from the impact of the pandemic, we foresee an upward trend in enforcement of foreign judgments in Singapore, which is typically the Asian headquarter of many multinational companies.
5. Finally, the repeal of RECJA and update of REFJA streamlines the local regime with international conventions like the Hague Convention on the Choice of Court Agreements 2005, where there are similar definitions in the statutory regime as the Hague Convention. By aligning the local statutory regime with international conventions, parties will have a better understanding of the trajectory of foreign enforcement proceedings in Singapore.

1. Announcement on the Repeal of RECJA, 1 March 2023, at [3].↩
2. Second Reading Speech by Senior Minister of State for Law, Mr Edwin Tong on The Reciprocal Enforcement of Foreign Judgements (Amendment) Bill, 2 September 2019, at [12].↩