Enforcement of Foreign Judgments in India
Project: Legal Aspects of Business
Enforcement of Foreign Judgements
GROUP 10, SECTION D
ABIN JOY (10P185)
DEEPAK BHATIA (10P197)
HARPREET SINGH (10P200)
JANAK RAJPUROHIT (10P202)
ROHITH POTTI (10P227)
SAKSHI SHARMA (10P229)
Contents
1. Introduction: Enforcement of Foreign Judgements 3 2. Enforcement of Foreign Judgements in India 5 3. The Code of Civil Procedure 1908, Bare Act Indian Law a. Section 44A 6 b. Concept of Res Judicata 7 c. Section 13 8 d. Section 11 8 e. Section 14 9 4. Judgements passed by the Indian Courts regarding enforcement of foreign judgements 10 5. References 12
Introduction
The enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement.
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
Upon recognition by the court, the party which was successful can subsequently seek its enforcement in the recognizing country.
For instance, if the foreign judgment is a money judgment and the debtor has assets in the recognizing jurisdiction, the judgment creditor has access to all the enforcement remedies as if the case had originated in the recognizing country.
The court may order for, say, garnishment; where the third party which otherwise owes money to the defendant may be asked to directly pay the plaintiff. Another example may be where the court orders
Enforcement of Foreign Judgements
GROUP 10, SECTION D
ABIN JOY (10P185)
DEEPAK BHATIA (10P197)
HARPREET SINGH (10P200)
JANAK RAJPUROHIT (10P202)
ROHITH POTTI (10P227)
SAKSHI SHARMA (10P229)
Contents
1. Introduction: Enforcement of Foreign Judgements 3 2. Enforcement of Foreign Judgements in India 5 3. The Code of Civil Procedure 1908, Bare Act Indian Law a. Section 44A 6 b. Concept of Res Judicata 7 c. Section 13 8 d. Section 11 8 e. Section 14 9 4. Judgements passed by the Indian Courts regarding enforcement of foreign judgements 10 5. References 12
Introduction
The enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement.
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
Upon recognition by the court, the party which was successful can subsequently seek its enforcement in the recognizing country.
For instance, if the foreign judgment is a money judgment and the debtor has assets in the recognizing jurisdiction, the judgment creditor has access to all the enforcement remedies as if the case had originated in the recognizing country.
The court may order for, say, garnishment; where the third party which otherwise owes money to the defendant may be asked to directly pay the plaintiff. Another example may be where the court orders
References: Vijay Kumar Dungarwal-Enforcement of Foreign Judgement and Foreign Arbitral Awards in India Raghvendra Singh Raghuvanshi- Legality of Foreign Judgements in India Rishi Agrawala- Executability and Enforceability of Foreign Judgements and Decrees in India: Judicial Trends Ramni Taneja-Conflict Of Laws: An Overview Of Enforcement Of Foreign Judgments And Foreign Awards In India