Originally from Enforcement of Money Judgments

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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of the Brunei government (including courts) toward enforcement of foreign money judgments.

In so far as there is no evidence of intrinsic fraud in the foreign money judgment or breach of natural justice, the Brunei Government and Brunei courts will support the enforcement of foreign money judgments that come from reciprocating countries that are listed in the Schedule to the Reciprocal Enforcement of Foreign Judgments Act 1996 (Revised Edition 2000) (CAP 177). In general the attitude of the Brunei courts and courts appear to be generally friendly in assisting with the enforcement of foreign money judgments.

The operative statute that is in force in Brunei which to enables foreign judgments of reciprocating countries to register their judgments in Brunei is the Reciprocal Enforcement of Foreign Judgments Act 1996 (“REFJA”). Court’s decision to enforce the foreign judgment.

The REFJA operates on the doctrine of reciprocity and Brunei will recognise the monetary judgments of country that also recognises and enforces Brunei Court judgments. Section 3(2) of the REFJA provides that the Act shall extend to:

Any judgment of a superior court of a foreign country to which this Act extends, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Part applies, if –

(a) it is final and conclusive as between parties thereto;

(b) there is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and

(c) it is given after the coming into operation of the order directing that this Act shall extend to that foreign country.