Foreign Judgments Project

Project on Convergence in International Civil Procedure:

The Harmonisation of the Recognition and Enforcement of Foreign Judgment Rules

in ASEAN, Australia, China, India, Japan and South Korea

The advent of the Association of Southeast Asian Nations (ASEAN) Economic Community (AEC) in 2015, a market valued at US$2.6 trillion and home to over 622 million people, will no doubt increase the number and size of cross-border transactions. The increase in cross-border transactions may lead to a concomitant rise in cross-border litigation.

 

In this regard, the recognition and enforcement of judgments made by the courts of one country in the courts of another has particular significance. The greater portability of judgments within ASEAN and its major trade partners such as Australia, China, India, Japan and South Korea will facilitate cross-border transactions by lowering transaction costs and associated legal friction among jurisdictions. In general terms, each country currently relies on its own specific recognition and enforcement rules to determine if a foreign judgment ought to be enforced within its jurisdiction.

 

The project was approved by ABLI’s Board of Governors in August 2016 and involves two phases to determine the best means of harmonising the recognition and enforcement of foreign judgment rules in ASEAN and its major trade partners (namely, Australia, China, India, Japan and South Korea).

 

The first phase is a mapping exercise to identify the existing recognition and enforcement of foreign judgment rules of each country. The mapping shall distinguish between monetary and non- monetary judgments. The output of the first phase will be country reports, written by legal scholars and legal practitioners in the respective countries (the Country Reporters are listed below), which shall be focussed on main principles and be short and concise.  ABLI will publish the country reports as a compendium, which will be of utility to lawyers and general counsels in the region.  The compendium is expected to be published in December 2017. 

 

The second phase of the project will be an examination of whether, based on the country reports produced in the first phase, sufficient areas of commonality exist for convergence in this area of the law, and how convergence may best be achieved.

 

The Project is being led by Associate Professors Adeline Chong and Pearlie Koh of Singapore Management University.  You can read more about Dr Chong and Associate Professor Koh at:

https://law.smu.edu.sg/faculty/profile/9571/Adeline-CHONG-Swee-Ling

https://law.smu.edu.sg/faculty/profile/9579/Pearlie-KOH

 

The Country Reporters

 

1.     Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;

2.     Dr Andrew Bell SC of Eleven Wentworth Chambers, Australia;

3.     Dr Bích Du Ngoc of Ho Chi Minh City Open University;

4.     Associate Professor Adeline Chong of SMU;

5.     Mr Youdy Bun of Bun & Associates, Cambodia;

6.     Professor Choong Yeow Choy of the University of Malaya;

7.     Professor Guo Yujun of Wuhan University, China;

8.     Professor Toshiyuki Kono of Kyushu University;

9.     Mr Minn Naing Oo of Allen & Gledhill (Myanmar) Co Ltd;

10.   Dr Colin Ong QC of Dr Colin Ong Legal Services, Brunei;

11.   Dr Yu Un Oppusunggu of the University of Indonesia;

12.   Ms. Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;

13.   Mr Narinder Singh of the Indian Society of International Law;

14.   Dr Poomintr Sooksripaisarnkit of the University of Tasmania; and

15.   Professor Suk Kwang Hyun of Seoul National University.


 

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