Enforcement of Foreign Judgments - Should Fraud Unravel All?

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