Enforcement of Foreign Judgments - Should Fraud Unravel All?

Singapore Journal of International & Comparative Law, Vol. 6, pp. 1043-1057, 2002

15 Pages Posted: 4 May 2005

Abstract

This article notes a recent Singapore decision that examined the circumstances in which the defendant could raise the defense of fraud, in proceedings where a successful plaintiff sought to recognize and enforce a foreign judgment in domestic courts.

The article examines the various approaches adopted in England, Australia, and Canada to this issue. It examines the different policies confronting the court when it has to decide whether it should entertain a fraud defense in the context of recognition and enforcement proceedings.

It concludes that the Singapore court, by adopting the Canadian and Australian approaches, instead of the English approach, has rejected a sensible safeguard against foreign judgments that may have been fraudulently obtained overseas.

Keywords: enforce, enforcement, recognize, recognition, foreign, judgment, award, conflict, conflicts, private international law, fraud, England, Australia, Canada, Singapore, abuse of process, domestic

Suggested Citation

Tan, Daniel S., Enforcement of Foreign Judgments - Should Fraud Unravel All?. Singapore Journal of International & Comparative Law, Vol. 6, pp. 1043-1057, 2002, Available at SSRN: https://ssrn.com/abstract=712234

Daniel S. Tan (Contact Author)

Dan Tan Law ( email )

175 Varick Street
New York, NY 10014
United States
646 580 0080 (Phone)
212 330 7642 (Fax)

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