Private International Law

PIL
Recognition and enforcement of
Foreign Judgements in India
One cool judgment is worth a thousand hasty counsels,
The thing to do is to supply light and not heat..

- SUCHITA JADHAV
Introduction:

There is an advent of globalization and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement 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
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
India is a country with an advanced and sophisticated legal
and judicial system. Important legal issues arising under
private international law, including the recognition and
enforcement of foreign judgments and foreign awards have
been judicially considered by the Supreme Court of India,
which is India’s highest court of appeal, and which is also
considered as one of the finest constitutional courts in the
world.
 Introduction:

The enforcement of judgements of “Foreign Courts” in a country comes under the ambit of Private International
Law. Sections 13 and 14 of The Code of Civil Procedure, 1908 are a manifestation of Private International Law in
Indian domestic laws and the aforementioned sections and related judicial pronouncements (since India is a
common law country) govern the enforceability of foreign judgements in India 
The recognition of foreign judgement occurs when the court of one country or jurisdiction accepts a judicial
decision made by the courts of another “foreign” country or jurisdiction, and issues a judgement in substantial
identical term without rehearing the substance of the original lawsuit.

Recognition will be generally denied if the judgement is substantively incompatible with basic legal principles in
the recognizing country. However, the Civil Code procedure 1908, defined the foreign court and foreign
judgement as: section 2 of the CPC 1908
Foreign Court :
The term “Foreign Court” refers to a court/judicial body which is situated
outside the territory of the Republic of India and has not been established and
continued by the Union Government.
For e.g., courts established in other countries such as Australia, England,
France, Germany etc. are considered as Foreign Courts as per the definition
given in the CPC. 

Foreign Judgement :
The term “Foreign Judgement” refers to a judgement Passed by a foreign
court.
Enforcing Foreign Judgements in India:

A foreign judgement can be enforced in India in one of two ways;

1. Judgements from court in “reciprocating territories” can be enforced
directly by filing before an Indian Court an Execution Degree.
2. Judgements from non reciprocating territories , such as The United States,
can be enforced only by filing a law suit in an Indian Court for a judgement
based on the foreign judgement. The foreign judgement is considered
evidentiary – The time limit to file such a law suit in India is within three
years of the foreign judgement.
However, reciprocating territory is defined in explanation 1 to Section
44A of the Indian Civil Code as: Any country or territory outside
India, which the central Government may, by notification in the
official Gazette, declare as a reciprocating territory.
The List of reciprocating territories under Civil Laws in India are :
United Kingdom, Singapore, Bangladesh, UAE, Malaysia, Trinidad
and Tobago, New Zealand, The Cook Islands (including Niue) and the
trust territories of Western Samoa, Hongkong, Papua and New Guinea
, Fiji and Aden.
OBJECTIVE OF ENACTMENT OF PROVISIONS FOR ENFORCEMENT OF
JUDGEMENTS PASSED BY FOREIGN COURTS:

The enforcement of a judgement passed by a foreign court is based on the principle that the
adjudication of a dispute by a foreign court of competent jurisdiction gives rise to a legal
obligation to execute the verdict of the court. 
While the rules with respect to Private International Law and the enforcement of its
principles differ from nation to nation, there are certain regulations which are deemed to be
applicable to almost all civilized legal jurisdictions. 
This nature of recognition is catered for not for the sake of international courtesy but
instead for the furtherance of justice, equity and good conscience and to take foreign law
and judicial pronouncements into consideration can in no manner be considered as
derogation of the sovereignty of a nation – state.
Sec. 13 of CPC, 1908: When Foreign Judgement not conclusive:

A Foreign Judgement shall be conclusive as to any matter thereby directly adjudicated upon
between the same parties or between parties who they or any of them claim litigating under the
same title except.

A- Where it has not been pronounced by a Court of competent jurisdiction.

B- Where it has not been given on the merits of the case.
C- Where it appears on the face of the preceedings to be founded upon incorrect view of
international law or a refusal to recognize the law of (India) in cases in which such law is
applicable.
D- Where the preceedings in which the judgement was obtained are opposed to natural justice.
E- Where it has been obtained by fraud.
F- Where it sustains a claim founded on a breach of any law in force in (India)

The awards and the decrees of the Indian courts are sacrosanct. However Section 13 of the Code of
Civil Procedure 1908 (CPC) lays down that a foreign judgement shall be conclusive as to any
matter directly adjudicated upon between the same parties or between parties whom they or any of
them claim litigating under the same title except in few cases.