Abstract:
An important consequence of the increasing prevalence of cross-border transactions today is that local courts are also increasingly likely to be presented with a judgment from a foreign country with its own unique dispute resolution mechanisms and jurisprudence. A resultant judgment from a US class action judgment is one such foreign judgment. Yet, the traditional rules governing the recognition and enforcement of foreign judgments have largely remained unchanged since they were first developed over a century ago. This article ventures to examine the limits of the existing rules of recognition or enforcement when applied in the context of a US class action judgment, should it be presented before a Singapore court. After highlighting the theoretical and practical difficulties that may arise in applying the existing rules of recognition or enforcement, this article suggests that the adoption of the domestic privity of interests test to foreign judgments may provide a more satisfactory conclusion.