Recognition and Enforcement of Foreign Judgments in Asia
A compendium of 15 reports by the Asian Business Law Institute
This is the first publication in the “ABLI Legal Convergence Series”.
The compendium contains 15 short and concise country reports written by legal scholars and legal practitioners in the respective countries, identifying the existing recognition and enforcement of foreign judgment rules of the ten ASEAN countries and their major Asian trade partners (Australia, China, India, Japan and South Korea). The list of contributors can be found here.
The compendium is freely available here.
The compendium is the output of the first part of ABLI's project to promote the convergence of the law on the recognition and enforcement of foreign judgments in Asia.
The compendium is of utility to lawyers and businesses in the region as it provides an overview of how foreign judgments in civil and commercial matters are recognised in different jurisdictions in Asia and the requirements which need to be fulfilled for a foreign judgment to be enforced in these jurisdictions.
It also acts as a springboard for the next phase of ABLI's project which will consider whether sufficient areas of commonality exist for convergence in this area of the law and how convergence may best be achieved. The convergence of the foreign judgment rules in Asia is essential not just to the legal community, but also to businesses, as the greater portability of judgments within Asia will facilitate cross-border transactions by lowering transaction costs and associated legal friction among jurisdictions.
“As the first study of its kind that covers the laws of all ASEAN countries in addition to the major Asian economies of China, India, Japan, South Korea and Australia, this book will be a valuable resource to commercial entities engaged in business across Asia. We also hope that its publication will provoke constructive dialogue and law reform in Asia to facilitate the cross-border movement of judgments.” Professor YEO Tiong Min, SC (honoris causa), Yong Pung How Chair Professor of Law, Singapore Management University and ABLI’s Academic Director
“What is even more exciting is that this work sets the stage for the next step in a larger project which entails a consideration of whether there can be a convergence or harmonisation of these seemingly disparate systems of the recognition and enforcement of foreign judgments and, if so, how this is to be accomplished.” The Honourable Justice Andrew Phang, Judge of Appeal of the Supreme Court of Singapore and ABLI Project Adviser
“While significant differences do exist, there is cause to believe that harmonisation of the recognition and enforcement of foreign judgment rules in Asia is no pipe dream.” Associate Professor Adeline Chong, School of Law, Singapore Management University and ABLI Project Lead
The compendium was launched on 08 January 2018.
Link to the compendium launch flyer here.
Link to the compendium's news release here.
Link to the full transcript of the Response by The Honourable the Chief Justice Sundaresh Menon at the Opening of the Legal Year 2018 in Singapore on 8 January 2018 (ABLI's inaugural publication referenced at Paragraph 40).
Link to article in The Straits Times on 9 January 2018 entitled “Study done on how foreign judgments are recognised in Asia”.