Enforcement of foreign Judgments

A builder in London wins a judgment against an Indian company for unpaid fees. The company’s bank accounts and factory are all in Navi Mumbai. The English judgment is worth something only if an Indian court will act on it. Will it? The answer depends on two things: which country gave the judgment, and whether the Indian court finds something wrong with how the foreign case was decided. The Code of Civil Procedure gives a two-lane road, and there is a third lane for arbitral awards.

In two minutes

A foreign judgment reaches Indian assets by one of two routes: direct execution under s.44A if it comes from a superior court of a notified reciprocating territory, or a fresh suit on the judgment under ss.13 and 14 if it does not; arbitral awards follow Part II of the Arbitration Act 1996.

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