Foreign Judgments & Arbitral Awards in Malaysia

The appropriate route depends on where the judgment or award was made and what it orders. Money judgments of the superior courts of the reciprocating countries listed below may be registered in the High Court under REJA if the application is made within six (6) years of the judgment (or of the last judgment on any appeal). Judgments from other countries are generally enforced by a common law action on the judgment. Arbitral awards are recognised and enforced by application to the High Court under the Arbitration Act 2005, whether the award is domestic or was made in a contracting state to the New York Convention.

Countries and Courts Covered by REJA (First Schedule)

• United Kingdom: the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, and the Courts of Chancery of the Counties Palatine of Lancaster and Durham.
• Hong Kong SAR: the High Court
• Singapore: the High Court
• New Zealand: the High Court
• Sri Lanka: the High Court and the District Courts
• India: the High Court, subject to the exclusions stated in the Act for certain areas
• Brunei Darussalam: the High Court
  
  

  Grounds on Which Enforcement May Be Resisted

  Registration of a judgment under REJA may be set aside on grounds such as the original court having no jurisdiction, fraud or conflict with Malaysia public policy. In a Common Law action, defences may include lack of jurisdiction, fraud, breach of natural justice, public policy and that the judgment is not final and conclusive. Recognition of an arbitral award may be refused only on the limited grounds in Section 39 of the Arbitration Act 2005, such as an invalid arbitration agreement, inability to present one’s case, matters outside the scope of the submission, an award that is not yet binding or has been set aside or suspended at the seat, non-arbitrability and public policy. Time limits for responding are short, so early advice is important.

Yes. We review the judgment and advise on the appropriate enforcement route, including registration under REJA or a common law action depending on the country in which the judgment was obtained. Our assistance extends to contested proceedings and subsequent recovery measures.

Yes. We handle applications for recognition and enforcement under the Arbitration Act 2005, including reviewing the award, preparing supporting documents and representing clients where enforcement is opposed.

Yes. An application to register a judgment under REJA must generally be made within six (6) years of the date of the judgment. A debtor who wishes to set aside a registration usually has a short period to apply, commonly 14 days from service of notice of registration unless the court extends it. An application to set aside a domestic arbitral award must generally be made within 90 days of receiving the award. Limitation period also applies to common law actions and to the enforcement of awards.

For REJA registration, we apply to the High Court supported by an affidavit and a certified copy of the judgment, and the registered judgment is then served on the debtor, who may apply to set it aside. For an arbitral award, we apply to the High Court for recognition and enforcement, supported by the duly authenticated original award or a certified copy, the original arbitration agreement or a certified copy, and a translation if the documents are not in English. Once registered or recognised, the judgment or award can be enforced like a judgment of the Malaysian Court.

Yes. We act for both parties seeking enforcement and parties opposing it. For parties resisting enforcement, we assess the available legal grounds and prepare the appropriate response based on the documents and procedural history.

Yes. We review the foreign judgment and underlying award to assess the available enforcement routes in Malaysia and address any related legal or procedural issues.

We assist with judgments and awards arising from commercial contracts, international trade, construction projects, loans, guarantees, shipping transactions and other cross-border business disputes.

Yes. Where necessary, we work with foreign counsel to obtain relevant documents, understand the status of overseas proceedings and coordinate the Malaysian enforcement strategy.

Yes. Our services include advice and representation on subsequent enforcement measures, taking into account available asset information and the circumstances of the debtor. Actual recovery depends on the assets available and other relevant factors.

Please provide the judgment or arbitral award, relevant agreements, evidence of service and finality of the judgment, court documents and details of any appeal or challenge, and any information on the debtor’s assets in Malaysia. If you have received an enforcement application, include the documents served and any hearing dates or response deadlines. You may contact us before all documents are available.

These matters require separate assessment under the relevant family laws. Contact us with the foreign order and details of your circumstances so that we can refer your matter to the appropriate team.