Recognition and Enforcement of Foreign Judgments in Asia

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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 largest Asia-Pacific free trade partners (Australia, China, India, Japan and South Korea) have been summarised in the English language.

Designed for use by in-house counsels and private practitioners, this concise compendium sets out the matters one must consider when attempting to enforce and/or recognise a foreign judgment in each of the 15 jurisdictions considered.

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

Features a foreword by the Honourable Justice Andrew PHANG, Judge of Appeal of the Supreme Court of Singapore.

[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 Further, Singapore's Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) was repealed by Act No 24 of 2019 with effect from a date to be determined by the Government.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 Boon Leong JA

Australia (pp. 6–18)

Reporter: Dr Andrew Bell SC

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: Kwang Hyun Suk

Thailand (pp. 202–210)

Reporter: Dr Poomintr Sooksripaisarnkit

Vietnam (pp. 211–229)

Reporter: Dr Bích Ngọc Du