Page:Choice of Court Agreements Act 2016.pdf/15

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CHOICE OF COURT AGREEMENTS
15


(d) the foreign judgment is inconsistent with a judgment given by a Singapore court in a dispute between the same parties;
(e) the foreign judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, and the earlier judgment satisfies the conditions necessary for recognition in Singapore under the law of Singapore;
(f) any other circumstances that the Minister may prescribe by regulations made under section 22.

(2) The High Court may refuse to recognise or enforce a foreign judgment, may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, or may postpone the recognition or enforcement of a foreign judgment, if—

(a) the foreign judgment is being reviewed or appealed against in the State of origin; or
(b) the time for applying for a review of or for appealing against the foreign judgment in the State of origin has not expired.

(3) A refusal to recognise or enforce a foreign judgment, the setting aside of an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, or a postponement of the recognition or enforcement of a foreign judgment, under subsection (2) does not preclude a subsequent application for the recognition, or recognition and enforcement, of that judgment when—

(a) the review or appeal mentioned in subsection (2)(a) has been disposed of; or
(b) the time for applying for a review or for appealing mentioned in subsection (2)(b) has expired.

(4) Where—

(a) an exclusive choice of court agreement applies to a case;
(b) a chosen court designated in that agreement has discretion whether to transfer the case to another court in the same