Recognition and/or enforcement of foreign money judgments

The Reciprocal Enforcement of Foreign Judgment Act (“REFJA”), Chapter 117, allows Brunei Darussalam to enforce court judgments from foreign countries that also recognise judgments given in Brunei Darussalam.

The Act may extend to foreign countries giving reciprocal treatment to Brunei Darussalam. At the present time, this Act only extends to Malaysia (High Court) and Singapore (High Court) (see Reciprocal Enforcement of Foreign Judgments Order in (2) above).

Applications for enforcement of foreign judgments in Brunei Darussalam can be made to the High Court at any time within 6 years of the date of the judgment, unless:

(i) It has been wholly satisfied; or

(ii) It could not be enforced by execution in the country of the original court.

Effects of a registered foreign money judgment:

• A registered judgment shall, for the purpose of execution, be of same force and effect;
• Proceedings may be taken on a registered judgment
• The sum for which a judgment is registered shall carry interest; and
• The registering court shall have the same control over the execution of a registered judgment

as if the judgment had been a judgment originally given by the registering court and entered on a date of registration.

Registered judgments must, or may, be set aside according to Section 5 and 6 of the REFJA.