| CHOICE OF COURT AGREEMENTS ACT |
| Definitions and exercise of powers (O. 37, r. 1) |
1.—(1) In this Order —| “Act” means the Choice of Court Agreements Act, and any reference to a section is a reference to a section in the Act; |
| “Court” means the General Division; |
“Court order” means an order of the Court —| (a) | for a foreign judgment to be recognised, or recognised and enforced, under the Act; or | | (b) | for a judicial settlement to be enforced under the Act. |
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| (2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act. |
| (3) The powers conferred on the Court by the Act may be exercised by a Judge sitting in chambers and the Registrar. |
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| Application for recognition, or recognition and enforcement, of foreign judgment (O. 37, r. 2) |
2.—(1) An application under section 13 for a foreign judgment, or a part of a foreign judgment, to be recognised, or to be recognised and enforced, in the same manner and to the same extent as a judgment issued by the General Division must be made by originating application without notice supported by an affidavit.(2) The supporting affidavit must state, to the best of the information or belief of the deponent —| (a) | that the judgment, the whole or part of which is to be recognised or recognised and enforced, is a foreign judgment within the meaning of section 2(1); | | (b) | where the foreign judgment or part of the foreign judgment is to be recognised, that the judgment or that part (as the case may be) has effect in the State of origin; | | (c) | where the foreign judgment or part of the foreign judgment is to be enforced, that the judgment or that part (as the case may be) is enforceable in the State of origin; | | (d) | that the exclusive choice of court agreement, applicable to the dispute in relation to which the foreign judgment was obtained, was concluded in a civil or commercial matter; | | (e) | either of the following:| (i) | that at the date of the application, the foreign judgment, or the part of the foreign judgment to be recognised or recognised and enforced, has not been satisfied; | | (ii) | the amount in respect of which, at the date of the application, the foreign judgment, or the part of the foreign judgment to be recognised or recognised and enforced, remains unsatisfied; |
| | (f) | that the foreign judgment does not relate to a matter mentioned in section 9 or 10 to which the Act does not apply; | | (g) | that there are no circumstances under Part 3 of the Act in which the Court must refuse to recognise or enforce the foreign judgment; | | (h) | whether there are any circumstances under Part 3 of the Act in which the Court may refuse to recognise or enforce the foreign judgment; and | | (i) | where there are circumstances in which the Court may refuse to recognise or enforce the foreign judgment, each reason why the Court should nevertheless recognise or enforce the judgment. |
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(3) The supporting affidavit must exhibit the following documents:| (a) | a complete and certified copy of the foreign judgment (including the reasons, if any, for the decision of the court which gave the judgment); | | (b) | the exclusive choice of court agreement applicable to the dispute in relation to which the foreign judgment was obtained, a certified copy of that agreement or any other evidence of the existence of that agreement; | | (c) | where the foreign judgment was given by default, the original or a certified copy of a document showing that the party in default was notified of —| (i) | the document by which the proceedings were instituted; or | | (ii) | an equivalent document; |
| | (d) | any other documents necessary to establish —| (i) | that the foreign judgment has effect in the State of origin; | | (ii) | where the foreign judgment or part of the foreign judgment is to be enforced, that the judgment or that part (as the case may be) is enforceable in the State of origin; and | | (iii) | any matter mentioned in paragraph (2)(a) and (d) to (i). |
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| (4) If the Court hearing the application cannot determine, from the terms of the foreign judgment, whether the requirements in Part 3 of the Act pertaining to the recognition and enforcement of foreign judgments have been complied with, the Court may require the applicant to produce a supplementary affidavit and any other documents necessary to make the determination. |
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| Application for enforcement of judicial settlement (O. 37, r. 3) |
3.—(1) An application under section 20 for a judicial settlement, or a part of a judicial settlement, to be enforced in the same manner and to the same extent as a judgment issued by the General Division must be made by originating application without notice supported by an affidavit.(2) The supporting affidavit must state, to the best of the information or belief of the deponent —| (a) | that the contract, the whole or part of which is to be enforced, is a judicial settlement within the meaning of section 2(1); | | (b) | that the judicial settlement —| (i) | was approved by a chosen court designated in an exclusive choice of court agreement between the parties to the settlement; or | | (ii) | was concluded before the chosen court mentioned in sub‑paragraph (i) in the course of proceedings before that court; |
| | (c) | that the judicial settlement, or the part of the judicial settlement to be enforced, is enforceable in the same manner and to the same extent as a judgment in the State of origin; | | (d) | that the exclusive choice of court agreement, applicable to the dispute in which the judicial settlement was approved or concluded, was concluded in a civil or commercial matter; | | (e) | either of the following:| (i) | that at the date of the application, the judicial settlement, or the part of the judicial settlement to be enforced, has not been satisfied; | | (ii) | the amount in respect of which, at the date of the application, the judicial settlement, or the part of the judicial settlement to be enforced, remains unsatisfied; |
| | (f) | that the judicial settlement does not relate to a matter mentioned in section 9 or 10 to which the Act does not apply; | | (g) | that there are no circumstances mentioned in section 20(3) in which the Court must refuse to enforce the judicial settlement; | | (h) | whether there are any circumstances mentioned in section 20(4) in which the Court may refuse to enforce the judicial settlement; and | | (i) | where there are circumstances in which the Court may refuse to enforce the judicial settlement, each reason why the Court should nevertheless enforce the judicial settlement. |
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(3) The supporting affidavit must exhibit the following documents:| (a) | a complete and certified copy of the judicial settlement; | | (b) | the exclusive choice of court agreement applicable to the dispute in relation to which the judicial settlement was approved or concluded, a certified copy of that agreement or any other evidence of the existence of that agreement; | | (c) | a certificate of a court of the State of origin that the judicial settlement, or the part of the judicial settlement to be enforced, is enforceable in the same manner and to the same extent as a judgment in the State of origin; | | (d) | any other documents necessary to establish —| (i) | that the judicial settlement, or the part of the judicial settlement to be enforced, is enforceable in the same manner and to the same extent as a judgment in the State of origin; and | | (ii) | any matter mentioned in paragraph (2)(a) and (d) to (i). |
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| (4) If the Court hearing the application cannot determine, from the terms of the judicial settlement, whether the requirements in section 20 pertaining to the enforcement of judicial settlements have been complied with, the Court may require the applicant to produce a supplementary affidavit and any other documents necessary to make the determination. |
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| Other document to assist Court in determining application (O. 37, r. 4) |
| 4. For the purposes of assisting the Court in determining an application mentioned in Rule 2 or 3, the application may be accompanied by a document, issued by a court of the State of origin (or an officer of that court), in the form mentioned in Article 13(3) of the Convention (being a form which is recommended and published by the Hague Conference on Private International Law, and is of the version in force on the date the application is made). |
| Language of documents (O. 37, r. 5) |
5.—(1) If the whole or any part of any document to be exhibited or produced under Rule 2, 3 or 4 is not in the English language, the document must be accompanied by a translation in the English language of the whole or that part (as the case may be) of that document.(2) The translation mentioned in paragraph (1) —| (a) | must be certified by the person making the translation to be a correct translation; and | | (b) | must contain, or be accompanied by, a certificate by that person stating —| (i) | that person’s full name; | | (ii) | that person’s address; and | | (iii) | that person’s qualifications for making the translation. |
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| Court order (O. 37, r. 6) |
6.—(1) A Court order must be in Form 59.(2) An applicant for the recognition, or the recognition and enforcement, of the whole or any part of a foreign judgment, or for the enforcement of the whole or any part of a judicial settlement, must —| (a) | draw up the Court order; and | | (b) | within 28 days after the date on which the Court order (relating to the foreign judgment or judicial settlement) is made, serve the Court order, together with a copy of the foreign judgment or judicial settlement, personally on every party to the case or proceedings in which the foreign judgment or judicial settlement was obtained. |
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(3) The Court order must state —| (a) | that any party, to the case or proceedings in which the foreign judgment or judicial settlement was obtained, may apply to set aside the Court order; | | (b) | the period under Rule 7(1)(b) within which a party mentioned in sub‑paragraph (a) must file the application to set aside the Court order; and | | (c) | that the Court order will not take effect until after the expiration of that period. |
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| (4) A Court order may be served out of Singapore without the permission of the Court, and Order 8, Rules 2, 3, 6, 7 and 8 apply, with the necessary modifications, in relation to such service as they apply to the service of an originating process. |
| (5) The applicant in paragraph (2) must, within 14 days after the date on which the Court order, and the copy of the foreign judgment or judicial settlement, are served on a party, file an affidavit of service on that party, of the Court order and the copy of the foreign judgment or judicial settlement. |
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| Application to set aside Court order (O. 37, r. 7) |
7.—(1) An application to set aside a Court order relating to a foreign judgment or judicial settlement —| (a) | must be made by summons and supported by an affidavit stating the grounds on which the applicant seeks to set aside the Court order; and | | (b) | must, where the Court order and a copy of the foreign judgment or judicial settlement were served on the applicant, be filed within —| (i) | 28 days after the date on which the Court order, and the copy of the foreign judgment or judicial settlement (as the case may be), were served on the applicant; or | | (ii) | such longer period as the Court may allow. |
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(2) The applicant must, within 14 days after the date on which the application and supporting affidavit are filed, serve the application and supporting affidavit on the following parties (each called in this Rule a respondent):| (a) | the party who obtained the Court order; | | (b) | every other party to the case or proceedings in which the foreign judgment or judicial settlement was obtained. |
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| (3) Each respondent may, within 21 days after being served with the application and supporting affidavit, file, and serve on the applicant and every other respondent, an affidavit in reply. |
| (4) The Court hearing the application may order any issue between the applicant and any respondent to be tried in any manner in which an issue in an action may be ordered to be tried. |
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| When Court order takes effect (O. 37, r. 8) |
8. A Court order does not take effect while an application to set aside the Court order —| (a) | may still be filed under Rule 7(1)(b) by a party on whom the Court order, and a copy of the foreign judgment or judicial settlement to which the Court order relates, were served under Rule 6; or | | (b) | is pending. |
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| Security for costs (O. 37, r. 9) |
| 9. The Court may order any party to any application or proceedings under Rule 2, 3 or 7 to give security for the costs of the application or proceedings. |
| Application for enforcement order to enforce foreign judgment or judicial settlement (O. 37, r. 10) |
10. A party who obtains a Court order, and who wishes to apply for an enforcement order to enforce the foreign judgment or judicial settlement in relation to which the Court order is obtained, must produce to the Court —| (a) | the Court order and a copy of the foreign judgment or judicial settlement; and | | (b) | the affidavit of service, on the party against whom the enforcement is sought, of the Court order and the copy of the foreign judgment or judicial settlement. |
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