INDEX

S. Page
No. CONTENTS / TOPICS No.

1
1. Intoduntion
2. 1

3. 1 to 4

4. 4

5. 5

6. 6

7. 6

8. 6

9. 6

10. 7

11. 7 to 9

12. 9

13. 10

INTRODUCTION
With the emergence of globalization, and transactions taking
place not only within thecountry but also between countries, it
is indispensible that the jurisdictional issues as to thedisputes
between the parties occur during such cross-border
transactions. Every party havetheir own concern as to their
rights and in that process try to ignore the procedure
agreedwhen they dispute or try to over ride such agreements
by seeking the local courts to quash the foreign judgment. The
courts in such a critical situation are unable to do a justification
to the parties because there
are certain restrictions as to the enforcement and execution of
foreign judgments.Under Indian Law, execution of decrees,
whether foreign or domestic, is governed by the provisions
of the Code of Civil Procedure, 1908. The CPC provides two
ways of getting aforeign judgment enforced. Firstly by filing
an Execution Petition under Section 44A of theCPC in case the
conditions specified therein are fulfilled. Secondly, by filing a
suit upon theforeign judgment under section 13.The Sections
13 and 14 of CPC enables the rule of res judicata in case of
foreign judgments.These provisions embody the principle of
private international law that a judgement
delivered by a foreign court
of competent jurisdiction can be enforced by an Indian court
and willoperate as res judicata between the parties thereto
except in the cases mentioned in Section13.

 Importance of recognizing foreign judgments

in the globalized world-
1. Facilitating International Trade and Commerce:
In an interconnected global economy, businesses
frequently engage in cross-border transactions.
Recognizing foreign judgments ensures that parties can
enforce their rights and obligations arising from
international contracts without undue delay or difficulty.
This fosters confidence among businesses and promotes
international trade and commerce.
2. Promoting Legal Certainty: Consistent and predictable
rules for recognizing foreign judgments provide legal
certainty to individuals and businesses operating across
borders. It helps parties understand their rights and
obligations in case of disputes, thereby reducing
uncertainty and potential litigation costs.

3. Efficiency in Dispute Resolution: Recognizing foreign

judgments streamlines the resolution of disputes that span
multiple jurisdictions. Instead of re-litigating the same
issues in different courts, parties can rely on judgments
already rendered elsewhere, saving time, resources, and
judicial capacity.

4. Protecting Individual Rights and Interests: Individuals

may have legitimate claims or interests that are
adjudicated in foreign jurisdictions. Recognizing foreign
judgments ensures that these individuals can effectively
enforce their rights, whether they involve personal injury,
property rights, family law matters, or other legal issues.
 5. Respecting Sovereignty and Comity: Recognizing
foreign judgments demonstrates respect for the
sovereignty of other nations and promotes comity among
judicial systems. It acknowledges that different legal
systems have their own procedures and standards, and
encourages cooperation rather than confrontation in
resolving cross-border disputes.

6. Enhancing Access to Justice: Access to justice should not

be impeded by national borders. Recognizing foreign
judgments helps ensure that individuals and businesses
have access to a fair and effective legal system, regardless
of where they are located or where the dispute arose.

7. Encouraging International Judicial Cooperation: By

recognizing foreign judgments, countries encourage
cooperation and mutual respect among their judicial
systems. This can lead to the development of reciprocal
00arrangements, treaties, and conventions that further
facilitate the recognition and enforcement of judgments
across borders.

DEFINITION AND NATURE

 Definition of Foreign Judgment-
Under the Civil Procedure Code (CPC), foreign judgments refer
to judicial decisions or orders rendered by courts outside the
territorial jurisdiction of the forum state. These judgments arise
from legal proceedings initiated and adjudicated in foreign
jurisdictions and may encompass a wide range of civil,
commercial, or criminal matters. The CPC provides a framework
for recognizing and enforcing such foreign judgments within
the domestic legal system

The definition of foreign judgments under the CPC typically

includes the following characteristics :

1. Origin: Foreign judgments originate from legal

proceedings conducted in courts situated outside the
territorial boundaries of the forum state. They are the
outcome of litigation or dispute resolution processes
initiated in foreign jurisdictions.

2. urisdiction: Foreign judgments are issued by courts that

exercise jurisdiction over the subject matter or the parties
involved in the dispute according to the laws of the
foreign jurisdiction. The CPC may outline specific criteria
for determining the jurisdictional competence of foreign
courts whose judgments can be recognized and enforced.

3. Finality: Foreign judgments are typically conclusive and

final within the jurisdiction where they were rendered,
subject to any appellate processes or legal remedies
available in that jurisdiction. Once a foreign judgment
attains finality, it becomes eligible for recognition and
enforcement under the provisions of the CPC.
 4. Substance: Foreign judgments may encompass various
types of legal decisions, including monetary judgments,
declaratory judgments, injunctive relief, or orders for
specific performance. They may arise from civil,
commercial, family, or criminal proceedings, depending on
the nature of the underlying dispute.

5. Legal Effect: The legal effect of foreign judgments under

the CPC is contingent upon their recognition and
enforcement by the domestic courts. Once recognized and
enforced in accordance with the procedural requirements
of the CPC, foreign judgments carry the same force and
effect as domestic judgments, thereby binding the parties
to the terms and obligations specified therei

 Types of judgments covered-

Under the Civil Procedure Code (CPC), foreign judgments can

encompass various types of judicial decisions or orders
arising from legal proceedings conducted in foreign
jurisdictions. These judgments may involve different
categories of disputes and can include the following types :

1. Monetary Judgments: These judgments involve the

award of a specific sum of money to one party by the
court, typically as compensation for damages, breach of
 contract, or other financial obligations. Monetary
judgments may arise from civil litigation, commercial
disputes, or claims for restitution or compensation
2. Declaratory Judgments: Declaratory judgments are court
rulings that clarify or determine the legal rights,
obligations, or status of the parties without necessarily
awarding any specific remedy or relief. They are often
sought to resolve disputes concerning property rights,
contractual interpretation, or legal capacity, providing
certainty regarding the parties' legal relationship
3. Injunctive Relief: Foreign judgments may include orders
for injunctive relief, which prohibit or require certain
actions by the parties to prevent irreparable harm or
maintain the status quo pending further legal proceedings.
Injunctions may take various forms, such as temporary
restraining orders (TROs), preliminary injunctions, or
permanent injunctions, and can address issues like
trademark infringement, unfair competition, or breaches of
confidentiality.
4. Orders for Specific Performance: In cases involving
contracts or agreements, foreign judgments may include
orders for specific performance, compelling a party to
fulfill its contractual obligations as agreed upon in the
contract. Specific performance is typically sought when
monetary damages are inadequate to remedy the breach
and when the subject matter of the contract is unique or
of special value.
 5. Family Law Judgments: Foreign judgments may cover
various family law matters, including divorce decrees, child
custody determinations, spousal support orders, and
property settlements. These judgments address issues
related to marital dissolution, parental rights, and financial
arrangements between spouses or domestic partners.
6. Criminal Judgments: While the enforcement of foreign
criminal judgments may be subject to specific legal
requirements and considerations, certain types of criminal
judgments may also fall within the scope of the CPC. These
may include judgments related to extradition, mutual legal
assistance in criminal matters, or recognition of foreign
convictions for the purposes of sentencing enhancements
or parole eligibility.

 Legal principles governing foreign judgment

recognition-
The recognition of foreign judgments is governed by several
legal principles that aim to ensure fairness, respect for due
process, and consistency in international judicial cooperation.
These principles provide the framework for assessing the
validity and enforceability of foreign judgments within the
domestic legal system. Some of the key legal principles
governing foreign judgment recognition include

1. Comity: Comity is a foundational principle in international

law that emphasizes respect and deference to the judicial
 decisions of other sovereign nations. Under the principle
of comity, domestic courts may recognize and enforce
foreign judgments out of courtesy and reciprocity, even in
the absence of binding legal obligations. Comity
encourages cooperation among nations and fosters
mutual respect for their respective legal systems
2. Finality: Foreign judgments seeking recognition and
enforcement must typically be final and conclusive in the
jurisdiction where they were rendered. Finality ensures that
the rights and obligations established by the foreign court
are settled and not subject to further review or
modification, thus providing a basis for their recognition
and enforcement in other jurisdictions.
3. Jurisdictional Competence: Recognition of foreign
judgments requires that the foreign court had
jurisdictional competence to hear and adjudicate the
dispute in accordance with the principles of international
law and due process. This includes considerations of
personal jurisdiction over the parties, subject matter
jurisdiction, and compliance with procedural requirements
for notice and opportunity to be heard.
4. Due Process and Fair Trial Rights: Foreign judgments
must be rendered in compliance with principles of due
process and fair trial rights guaranteed under international
law. This includes the right to a fair hearing, the right to
present evidence and arguments, and the right to be
heard by an impartial and independent tribunal.
Recognition may be denied if the foreign court's
 procedures were fundamentally unfair or if there was a
denial of justice.
5. Consistency with Public Policy: Domestic courts may
refuse to recognize or enforce foreign judgments that are
contrary to the public policy of the forum state. Public
policy considerations may encompass fundamental
principles of justice, morality, or public welfare, and
recognition may be denied if enforcing the foreign
judgment would violate these principles.
6. Reciprocity: Some jurisdictions may require a showing of
reciprocity for the recognition and enforcement of foreign
judgments. Reciprocity ensures that judgments rendered
by the forum state's courts will be recognized and
enforced in the foreign jurisdiction on a similar basis. This
principle promotes fairness and equity in international
judicial cooperation.
7. Non-Extraterritoriality of Law: Domestic courts typically
apply the principle of non-extraterritoriality of law, which
means that they do not enforce foreign laws as such but
recognize and enforce the rights and obligations
established by the foreign judgment. This principle
ensures that recognition and enforcement are based on
the legal effects of the foreign judgment rather than the
substantive laws of the foreign jurisdiction.