Enforcement of Foreign Judgments in Malaysia Under the Reciprocal Enforcement of Judgments Act 1958 (REJA) : Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd- Llc & Anor; Bina Puri Holdings Bhd v Conaire Engineering Sdn Bhd-LLC

On the 23^rd of February 2023, the Federal Court of Malaysia (“Federal Court”) handed down judgment in Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd-LLC & Anor and another appeal (“Pembinaan SPK”), clarifying the evidentiary requirements relating to the enforcement of foreign judgments by way of a common law action where the foreign country in question is not listed in the First Schedule of the Reciprocal Enforcement of Foreign Judgments Act 1958 (“REJA”).

This article seeks to examine the strict requirements that are to be adhered to by parties in seeking to enforce a foreign judgment by way of a common law action in Malaysia.