Shi Wen Yue v Shi Minjiu: Enforcement of Foreign Mediation Agreement in Singapore
In Shi Wen Yue v Shi Minjiu, the Singapore High Court addressed the enforceability of a Chinese mediation agreement. The plaintiff, Shi Wen Yue, sought summary judgment to enforce a Mediation Paper against the defendants, Shi Minjiu and Fan Yi, for unpaid sums. The court, presided over by Assistant Registrar Zhuang WenXiong, found that the Mediation Paper was not a judgment but an enforceable agreement under Chinese law, permitting enforcement outside of China. The court granted summary judgment in favour of the plaintiff, less sums already received from enforcement proceedings in China.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summary judgment granted in favour of the plaintiff, less sums already received from enforcement proceedings in China.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court enforced a Chinese mediation agreement as an agreement, not a judgment, allowing enforcement outside China. Key issue: Enforceability.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shi Wen Yue | Plaintiff | Individual | Summary Judgment Granted | Won | |
| Shi Minjiu | Defendant | Individual | Summary Judgment Granted Against | Lost | |
| Fan Yi | Defendant | Individual | Summary Judgment Granted Against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Zhuang WenXiong | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Pua Lee Siang | Kelvin Chia Partnership |
| Tan Chee Kiong | Seah Ong & Partners LLP |
4. Facts
- The first defendant borrowed RMB 9,300,000 from the plaintiff.
- The plaintiff obtained a judgment from the Zhou Shan first instance Court ordering the defendants to pay the plaintiff the RMB 9,300,000 along with interest.
- The parties entered into a mediation agreement on 3 March 2015 whereby the sums due were to be paid by instalments.
- The Zhou Shan Intermediate Court issued a Mediation Paper recording the terms of the Mediation Agreement.
- The defendants did not pay the sums due under the Mediation Agreement.
- The plaintiff filed a suit in Singapore to claim for the unpaid sums.
5. Formal Citations
- Shi Wen Yue v Shi Minjiu and another, High Court Suit No 671 of 2015, [2016] SGHCR 8
6. Timeline
| Date | Event |
|---|---|
| Parties entered into a mediation agreement | |
| Zhou Shan Intermediate Court issued a Mediation Paper | |
| Defendants unsuccessfully applied for a stay on the grounds of forum non conveniens | |
| Defendants filed a retrial petition in China | |
| Choice of Court Agreements Bill was read a second time | |
| Summary judgment granted in favour of the plaintiff |
7. Legal Issues
- Enforcement of Foreign Mediation Agreement
- Outcome: The court held that the Mediation Paper was not a judgment but an enforceable agreement under Chinese law, permitting enforcement outside of China.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Enforcement of Agreement
10. Practice Areas
- Commercial Litigation
- International Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Godard v Gray | Queen's Bench | Yes | (1870) LR 6 QB 139 | England and Wales | Cited for the principle that a foreign judgment can be enforced through the common law action in debt. |
| Berliner Industriebank AG v Jost | Queen's Bench | Yes | [1971] 2 QB 643 | England and Wales | Cited for the principle that the law of the foreign country determines whether an official act constitutes a final and conclusive judgment. |
| Pacific Recreation Pte Ltd v S Y Technology Inc | Singapore Court of Appeal | Yes | [2008] 2 SLR(R) 491 | Singapore | Cited regarding the admissibility and weight of raw foreign sources in proving foreign law. |
| EFT Holdings, Inc v Marinteknick Shipbuilders (S) Pte Ltd | Singapore High Court | Yes | [2014] 1 SLR 860 | Singapore | Cited for the principle that Singapore law is presumed to be identical to foreign law if the foreign law is not submitted on. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| People’s Republic of China Civil Procedure Law Article 97 | China |
| People’s Republic of China Civil Procedure Law Article 236 | China |
| People’s Republic of China Civil Procedure Law Article 224 | China |
| People’s Republic of China Civil Procedure Law Article 234 | China |
| People’s Republic of China Civil Procedure Law Article 280 | China |
| People’s Republic of China Civil Procedure Law Article 229 | China |
| Evidence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mediation Agreement
- Mediation Paper
- Foreign Judgment
- Enforcement
- Judicial Settlement
15.2 Keywords
- Foreign Judgment
- Enforcement
- Mediation Agreement
- Singapore High Court
- Chinese Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Conflict of Laws | 80 |
| Enforcement of Foreign Judgments | 75 |
| Judicial Settlements | 70 |
| Judgments and Orders | 70 |
| Summary Judgement | 65 |
| Civil Procedure | 60 |
| Commercial Litigation | 50 |
| Mediation | 45 |
| Contract Law | 40 |
16. Subjects
- Civil Procedure
- Conflict of Laws
- International Law