How to Enforce a Foreign Court Judgment in India

ByBase Legal

If you have won a case abroad against someone with assets in India, you will need Indian courts to enforce it. The route depends on where the judgment was passed.

Judgments from reciprocating territories

Under Section 44A of the Code of Civil Procedure, 1908, a money decree from a superior court of a “reciprocating territory” can be executed in India like an Indian decree. The Government of India has notified countries such as the United Kingdom, Singapore, the UAE, Hong Kong, New Zealand and Malaysia.

Judgments from other countries

A judgment from a non-reciprocating country, such as the United States, cannot be executed directly. You must file a fresh suit in India based on the foreign judgment. Time limits apply, so act early.

When a foreign judgment is not accepted

Under Section 13 of the Code, an Indian court will not treat a foreign judgment as conclusive in certain cases, for example:

  • The foreign court had no jurisdiction.
  • The judgment was not given on the merits of the case.
  • It goes against natural justice or was obtained by fraud.
  • It breaches Indian law.

Foreign arbitral awards

Awards from countries that follow the New York Convention, and are notified by India, can be enforced under Part II of the Arbitration and Conciliation Act, 1996. The grounds to refuse enforcement are narrow.

What you will need

  • A certified copy of the judgment or award
  • Proof that it is final
  • Details of the other party’s assets in India
  • Translations, if not in English

To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our International & Cross-Border practice.

This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.

Similar Posts