[Bundle] Recognition and Enforcement of Foreign Judgments in Asia + Asian Principles for the Recognition and Enforcement of Foreign Judgments

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Recognition and Enforcement of Foreign Judgments in Asia
For the first time, the substantive rules for the recognition and enforcement of foreign judgments in each of the ten ASEAN member states and their APAC trade partners (Australia, China, India, Japan and South Korea) have been summarised in the English language.

The rules in each jurisdiction are set out succinctly in individual reports drafted by private international law experts from academia and private practice.

[Publisher's Note] Following its publication in early 2018, laws relating to the recognition and enforcement of foreign judgments in the region have witnessed several developments. For example, amendments to Singapore’s Reciprocal Enforcement of Foreign Judgments Act (REFJA) came into force on 3 October 2019. Further, Singapore's Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) was repealed by Act No 24 of 2019 with effect from a date to be determined by the Government.

Readers are thus advised to read this publication together with the Asian Principles for the Recognition and Enforcement of Foreign Judgments to access the latest provisions. 

Index

Foreword (pp. iii–v)

Andrew Phang JA

Australia (pp. 6–18)

Reporter: Andrew Bell SC (as he then was)

Brunei (pp. 19–36)

Reporter: Dr Colin Ong QC

Cambodia (pp. 37–48) 

Reporter: Youdy Bun

China (pp. 49–70)

Reporter: Dr Yujun Guo

India (pp. 70–90)

Reporter: Narinder Singh

Indonesia (pp. 91–104)

Reporter: Dr Yu Un Oppusunggu

Japan (pp. 105–116)

Reporter: Toshiyuki Kono

Lao (pp. 117–122)

Reporters: Xaynari Chanthala and Kongphanh Santivong

Malaysia (pp. 123–135)

Reporter: Dr Choong Yeow Choy

Myanmar (pp. 136–145)

Reporter: Minn Naing Oo

Philippines (pp. 146–162)

Reporter: Elizabeth Aguiling-Pangalangan

Singapore (pp. 163–178)

Reporter: Dr Adeline Chong

South Korea (pp. 179–201)

Reporter: Dr Kwang Hyun Suk

Thailand (pp. 202–210)

Reporter: Dr Poomintr Sooksripaisarnkit

Vietnam (pp. 211–229)

Reporter: Dr Bích Ngọc Du

Asian Principles for the Recognition and Enforcement of Foreign Judgments
Based on the structure of the classic Dicey, Morris and Collins, the Asian Principles for the Recognition and Enforcement of Foreign Judgments comprise 13 general principles for the recognition and enforcement of foreign judgments which are common among the ten ASEAN member states, plus Australia, China, India, Japan and South Korea.

Index

Foreword (pp. v–vii)

Andrew Phang JA

Introduction (pp. xi–xx)

Dr Adeline Chong

Asian Principles for the Recognition and Enforcement of Foreign Judgments (pp. xxi–liii, in multiple languages)

Principle 1. General Principle (pp. 1–17) 

Lead Author: Dr Adeline Chong

Principle 2. Jurisdiction (pp. 18–39)

Lead Author: Dr Adeline Chong

Principle 3. Finality (pp. 40–52)

Lead Author: Dr Bích Ngọc Du

Principle 4. Merits (pp. 53–56)

Lead Author: Dr Yujun Guo

Principle 5. Reciprocity (pp. 57–76)

Lead Author: Dr Yujun Guo

Principle 6. Money judgments (pp. 77–84)

Lead Author: Dr Poomintr Sooksripaisarnkit

Principle 7. Non-money judgments (pp. 85–99)

Lead Author: Dr Poomintr Sooksripaisarnkit

Principle 8. Fraud (pp. 100–111)

Lead Author: Narinder Singh 

Principle 9. Public policy (pp. 112–129)

Lead Author: Dr Yu Un Oppusunggu

Principle 10. Due Process (pp. 130–155)

Lead Author: Dr Yu Un Oppusunggu 

Principle 11. Inconsistent Judgments (pp. 156–173)

Lead Author: Dr Colin Ong QC

Principle 12. In rem judgments (pp. 174–184)

Lead Authors: Narinder Singh and Dr Adeline Chong

Principle 13. Severability (pp. 185–187)

Lead Author: Dr Poomintr Sooksripaisarnkit