Page:Choice of Court Agreements Act 2016.pdf/14

14 ::(i) the law of the State of origin allows the notification to be challenged; and
 * (ii) the defendant had entered an appearance and presented the defendant’s case without challenging the notification in the court of origin;
 * (b) the foreign judgment was obtained by fraud in connection with a matter of procedure;
 * (c) the recognition or enforcement of the foreign judgment would be manifestly incompatible with the public policy of Singapore, including circumstances where specific proceedings leading to the judgment would be incompatible with fundamental principles of procedural fairness in Singapore.

Grounds on which High Court may refuse to recognise or enforce foreign judgment

15.—(1) The High Court may refuse to recognise or enforce a foreign judgment, or may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, in any of the following circumstances:
 * (a) the exclusive choice of court agreement applicable to the dispute in relation to which the judgment was obtained is null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;
 * (b) a party to the exclusive choice of court agreement applicable to the dispute in relation to which the judgment was obtained lacked the capacity, under the law of Singapore, to enter into or conclude the agreement;
 * (c) the defendant in the proceedings in which the judgment was obtained was notified of the document by which the proceedings were instituted or an equivalent document, including the essential elements of the claim, in a manner incompatible with the fundamental principles in Singapore concerning the service of documents;