Introduction

• Main Author: CHONG, Adeline
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2017
• Subjects: Asian Studies; Comparative and Foreign Law; Courts
• Online Access: https://ink.library.smu.edu.sg/sol_research/2494; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99319712302601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=INK&adaptor=Local%20Search%20Engine&tab=INK&query=any,contains,Recognition%20and%20enforcement%20of%20foreign%20judgments%20in%20Asia&offset=0
• Institution: Singapore Management University

The drive to harmonise the recognition and enforcement of foreign judgment rules has gained momentum in recent years. First, there is the revival of the Judgments Project by the Hague Conference on Private International Law. The Judgments Project aims to develop a broad ranging convention on the recognition and enforcement of judgments in civil and commercial matters.1 Secondly, the Hague Convention of 30 June 2005 on Choice of Court Agreements (“HCCCA”), which was concluded in 2005, came into force on 1 October 2015. The HCCCA was born out of work done at earlier negotiations on the Judgments Project. When negotiations stalled, it was decided that work on choice of court agreements in a business to business context should be prioritised. One of the key principles of the HCCCA is that a judgment rendered by a chosen court would be recognised and enforced in the other Contracting States to the HCCCA. It is to date part of the law in 29 countries,2 with a further four countries3 having signed, but not ratified, the Convention. Thirdly, there are also efforts which are focused specifically on the Asian region such as the Asian Principles of Private International Law. This is an endeavour by a group of private international law scholars in ten jurisdictions to come up with model laws on various aspects of private international law, including the recognition and enforcement of foreign judgments.