Are US judgments enforceable in India?

Asked by: Dr. Xander Gaylord  |  Last update: July 24, 2023
Score: 4.5/5 (49 votes)

Yes, the Indian courts can enforce part of a foreign judgment or decree. This is possible where part of the judgment or decree may already have been satisfied or where part of the judgment or decree is rendered unenforceable by the court.

Are US judgments enforced in other countries?

Generally, US judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country. The recognition and enforcement of US judgments depends not only on the domestic law of the foreign country, but also on the principles of comity, reciprocity and res judicata.

Are foreign Judgement binding on parties in India?

These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned in Section 13.

How can I recognize a foreign Judgement in India?

The India Legal system classifies foreign judgments into two under Section 44-A of the Code of Civil Procedure, 1908: Foreign judgments from reciprocating territories; and. Foreign judgments from non-reciprocating territories.

Can foreign decree be enforced in India?

If a foreign decree fulfills all the conditions provided under Section 44A, it can be executed in India as if it was a decree passed by the District Court.

International Law | Recognition & Enforcement of Foreign Judgments | Lex Animata by Hesham Elrafei

32 related questions found

Can a foreign Judgement be executed in India?

The judgment delivered by a foreign Court of competent jurisdiction can be executed by an Indian court and will operate as res judicata between the parties thereto except in the situations/conditions mentioned in Section 13.

How are foreign Judgements enforced?

Enforcement of a Foreign Judgment in the U.S.

Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

What is the relevance of foreign judgments in Indian courts?

As per law, a foreign judgment that is conclusive can be enforced by instituting a suit on such foreign judgement. In such suits, the court cannot go into the merits of the original claim, and it shall be conclusive as to any matter, thereby directly adjudicated upon between the parties.

On what grounds can foreign judgment be refused recognition before an Indian court?

As noted above, an Indian court may refuse to recognise a foreign judgment if it is in disregard of Indian law or is in breach of any law in force in India. This is one of the grounds under Section 13 of the CPC, which provides exceptions to recognition of a foreign judgment in India.

What is meant by foreign Judgement in India?

And a Foreign Judgment means a judgment of a foreign court. In other words, a foreign judgment means adjudication by a foreign court upon a matter before it. Thus judgments delivered by courts in England, France, Germany, USA, etc. are Foreign judgment.

Can a court in India consider whether conclusions reached in a foreign judgment are supported by the evidence or are otherwise correct?

[ii] In deciding whether the same is conclusive, courts in India will not consider whether are supported by evidence or are otherwise correct, because its binding character may be displaced only by establishing whether the case calls within one or more of the six clauses in Sec. 13.

Is foreign law applicable in India?

Indian legislation is under the strong influence of British and American law, and judges often rely on foreign court rulings, though the foreign judgments are only persuasive in nature and not authoritative, especially in cases related to the protection of human rights, privacy, gender justice, child custody, family ...

What is the difference between recognition and enforcement of foreign judgments?

Recognition is the decision of approval of the finality on the territory of another country of a foreign court judgment rendered in the domain of private law. Enforcement renders a foreign final court judgment executable on the territory of another country.

Is a foreign state immune from the jurisdiction of US courts?

Jurisdictional statute

If a foreign defendant qualifies as a "foreign state" under the FSIA, the Act provides that it shall be immune to suit in any U.S. court—federal or state—unless a statutory exception to immunity applies.

Do US courts have to follow international law?

In short, federal courts must apply the law of nations when the Constitution's allocation of powers to the political branches requires them to do so even though the law of nations is not, in and of itself, the supreme law of the land.

Does the US have to abide by international law?

The United States and International Law

The United States typically respects the laws of other nations, unless there is some statute or treaty to the contrary. International law is typically a part of U.S. law only for the application of its principles on questions of international rights and duties.

Is USA reciprocating territory?

Because the United States is a non-reciprocating territory, U.S. judgments do not qualify for expedited treatment under Indian civil procedural laws.

What are the reciprocal countries of India?

The List of the Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure, 1908, is as under :
  • United Kingdom.
  • Aden.
  • Fiji.
  • Republic of Singapore.
  • Federation of Malaya.
  • Trinidad and Tobago.
  • New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa.
  • Hong Kong.

What grounds are available to the Indian courts for not recognizing the foreign divorce decrees?

Clause (a) of Section 13 states that a foreign judgment shall not be recognised if it has not been pronounced by a court of competent jurisdiction.

How important is the International Court of Justice?

The Court, which is composed of 15 judges, has a twofold role: first, to settle, in accordance with international law, legal disputes between States submitted to it by them and, second, to give advisory opinions on legal matters referred to it by duly authorized United Nations organs and specialized agencies.

What is the significance of International Court of Justice?

The International Court of Justice was created to bring about by peaceful means adjustment or settlement of international disputes or situations which might lead to a breach of the peace. The seat of the International Court of Justice is at The Hague, Netherlands.

What do you mean by constructive res judicata?

Constructive res judicata means a. matter which might and ought to have been made ground of claim or. defense in a former suit, but a party ignores it, then the issue shall be. deemed to have been a matter directly and substantially in issue in such. suit.

What is the Enforcement of Foreign Civil judgments Act?

The Enforcement of Foreign Civil Judgments Act 32 of 1988 intends: to provide that civil judgments given in designated countries may be enforced in magistrates' courts in the Republic; to repeal the Reciprocal Enforcement of Civil Judgments Act, 1966; and. to provide for matters incidental thereto.

In what manner may decree of a foreign court be executed in India?

Under the Indian laws, there are two ways of getting a foreign judgement or decree enforced in India, either by filing an Execution Petition u/s 44A of the CPC subject to conditions given u/s 13 or by filing a suit upon the foreign judgement/decree.

Is a foreign Judgement enforceable in international law according to the The Hague Convention?

A judgment that falls within the scope of the convention and was given by a court of one party to the convention (state of origin) must be recognised and enforced in another (requested state). The convention provides a minimum standard for the circulation of judgments among the parties to the convention.