Can a US Judgement be enforced in India?

Asked by: Mr. Kieran Lubowitz  |  Last update: September 21, 2023
Score: 4.8/5 (58 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 enforceable in India?

For execution of a U.S. Judgment, a fresh suit has to be filed before the relevant court in India, based on (i) the foreign judgment or (ii) the original cause of action, or (iii) both. 20 Thereafter, the consequent decree obtained in India would be executed.

Can a foreign judgments be enforced in India?

To execute a foreign judgment or decree from a non-reciprocating territory, a fresh action must be filed before an appropriate Indian court and a domestic decree must be obtained. In these proceedings, the foreign judgment or decree is considered as evidence.

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.

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 Relevancy of Foreign Judgements in India Courts? | LawWiser

41 related questions found

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.

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.

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.

Do US courts apply foreign law?

U.S. federal and state courts regularly apply the law of other sovereigns. Most lawsuits in the United States that involve foreign law are typically handled by federal courts, however, based on the diversity of the parties or desire of parties engaged in foreign commerce to resolve their disputes in a federal forum.

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 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.

Are courts in India bound to follow international law?

Indian Judiciary and International Law

Although the Indian judiciary does not have the power to make laws, it interprets the obligation of India in international law by adjudicating domestic cases concerning issues of international law.

Can you sue a US judge?

The principle of absolute immunity shields government officials from being sued while they serve in an official capacity, and it extends to judicial officers including court judges.

How long is a judgment valid in India?

A suit for the foreign judgement should be filed within 3 years from the date of the judgment. In case of a foreign judgement not being recognised as conclusive, an enforcement suit cannot be initiated.

Can an American sue someone in India?

Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity. As per above the position is that: A foreigner can sue an Indian in India before a competent court.

Can international law be enforced?

Most nations have some doctrine that treaties are either self-enforcing as part of domestic law upon ratification or are enacted into statute by the legislature alongside the ratification. As a result, they are enforced by domestic courts as other domestic laws would be.

Does international law supersede the US Constitution?

An international agreement's status in relation to U.S. law depends on many factors. Self-executing treaties have a status equal to federal statutes, superior to U.S. state laws and inferior to the Constitution. Depending on their nature, executive agreements may or may not have a status equal to a federal statute.

Why do states break international law?

Essentially, states do not always comply with norms because they may lack the capability to carry out their obligations. For example, in weak states, new norms may not have the ability to be implemented by domestic institutions, or new norms could conflict with existing norms.

Does the ICJ have jurisdiction over the US?

There are limited situations in which the ICC has jurisdiction over the nationals of countries, such as the US, that have not joined the Rome Statute. This includes when a citizen of a non-member country commits war crimes, crimes against humanity, and genocide on the territory of an ICC member country.

Is the US part of the International Court of Justice?

Background on the ICJ

Charter. Under Article 93 of the Charter, which the United States ratified in 1945, all member-nations of the United Nations also are parties to the ICJ Statute.

Do countries have to follow international law?

International law, on the other hand, is based on voluntary buy-in. That means countries do in fact get to choose the laws that apply to them. If a government refuses to follow the latest climate accord, there's little anyone else can do to hold that government accountable.

What are legally enforceable agreements with foreign countries?

Under international law, a treaty is any legally binding agreement between states (countries). A treaty can be called a Convention, a Protocol, a Pact, an Accord, etc.; it is the content of the agreement, not its name, which makes it a treaty.

What does the International Court of Justice have jurisdiction over?

The International Court of Justice has two forms of jurisdiction: Contentious jurisdiction – resolving disputes between states. Advisory jurisdiction – issuing non-binding opinions upon request.

What is a foreign Judgement?

A foreign judgment is any judgment of a court of any other state in the United States in a civil action which was not obtained by default in appearance or by confession of judgment.