Section 2(b) of the Civil Procedure Code 1908,defines ‘foreign judement’ to mean “any judgementof a foreign Court” Section 2(5) of the code definesa ‘foreign court’ to mean a “Court outside India andnot established or continued by the authority of theCentral Government”. Thus, “a foreign judgementwould mean adjudication by a foreign court uponthe matter before it” and not merely a statement of the reasons for the order.
[Brijlal V/s Govind AIR1947 PC 192].
A judgement given by a foreign court would not ceaseto be so if, as a consequence of political change, theterritory where the court was situated at the time of the judgement later becomes part of India. However,an act of state is not a foreign judgment
[SrimanV/s Goswami, ILR 17 Bom 620]Foreign Awards
The decision of the Arbitration follows in the formof an award.Section 44 (New York Convention Awards) of theArbitration and Conciliation Act, 1996 defines“foreign award” means an arbitral award ondifferences between persons arising out of legalrelationships, whether contractual or not, consideredas commercial under the law in force in India, madeon or after the 11
day of October, 1960 –a)in pursuance of an agreement in writing for
Enforcement of Foreign Judgement and Foreign Arbitral Awards in India
Vijay Kumar Dungarwal
Ph.D. Research Scholar, MLSU,Udaipur
India today is very much important part of the global economy. The ever-increasing level of globalization has ledto raise, international business disputes too. In this contest, the enforcement of foreign judgement and foreignArbitral Awards becomes significant. The law relating to enforcement of foreign judgement and awards has beendiscussed in the present paper. A foreign judgement may be enforced in India by (i) proceedings in execution and(ii) by a suit upon it, CPC, 1908. The enforcement of foreign arbitration awards is governed by the Arbitrationand Conciliation Act, 1996 through New York Convention and Geneva Convention and an Non-conventionalaward will be enforceable in India under the common law grounds of justice, equity and good conscience.arbitration to which the convention set forth inthe First Schedule applies and,b)in one of such territories as the CentralGovernment, being satisfied that reciprocalprovisions have been made may, by notificationin the official Gazette, declare to be territoriesto which the said convention applies.Section 53 (Geneva Convention Awards) of Arbitration and Conciliation Act, 1996, defines‘foreign awards’ means an arbitral award ondifferences relating to matters considered ascommercial under the law in force in India made afterthe 28
day of July, 1924 –a)in pursuance of an agreement for arbitration towhich the protocol set forth in the secondschedule applies, andb)between persons of whom one is subject to the jurisdiction of some one of such powers as theCentral Government,. Being more of the sixexceptions laid down in Section 13 of the CPC1908.
[Vishwanath V/s Abdual Wajid, Air 1963SC I]
Competent Jurisdiction of the Foreign Court
The foreign court passing the judgement must becompetent to ‘trial’ the suit. It is well establishedthat the following circumstances would give jurisdiction to the foreign courts.
[Moloji V/sShankar AIR 1962 SC 1737] :-
-Where the person is a subject of the foreign