Need recognizing foreign judgments 8.2 Limitations in recognizing and enforcement

Suppose you win a consumer case in Pune and the loser runs to another country. Would you expect that country’s courts to treat your win as final, or to make you start again? Now imagine the Pune judge had never heard your side, or the judgment was bought with forged documents. You would expect the foreign court to refuse to help. Those two instincts, honouring judgments and refusing to honour bad ones, are the two halves of this topic: why foreign judgments must be recognised at all, and the limits on recognising them.

In two minutes

Recognition of foreign judgments is needed because litigation would otherwise never end and international trade would suffer; it is limited by the grounds in s.13 CPC, by public policy and by rules against enforcing penal, revenue and similar claims.

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