The Legal Framework Governing Recognition And Enforcement Of Foreign Judgments: A Critical Analysis
- IJLLR Journal
- 2 hours ago
- 1 min read
Hariharan. J, LLB (Hons), Vinayaka Mission’s Law School, Chennai.
Naveen. R, LLB (Hons), Vinayaka Mission’s Law School, Chennai.
ABSTRACT
The concept of recognition and enforcement of foreign judgments is an important part of Private International Law in today’s globalized world. As trade, migration, and digital transactions increase worldwide, the number of cross-border disputes is also rising. This paper aims to discuss the legal regime governing the enforcement of foreign judgments in India by the Code of Civil Procedure, 1908. It will discuss the conceptual difference between recognition and enforcement, the conditions that have to be fulfilled by the foreign court’s judgment to be conclusive, and the concept of reciprocity in granting procedural advantages. It will also discuss the current situation and the challenges faced by India in enforcing foreign judgments, including jurisdictional issues arising from digital transactions, procedural delays, and the lack of an overarching international system of enforcement. A brief comparison will also be drawn with the approach of other jurisdictions to highlight the cautious approach of India. It will also highlight the current situation and the need for modernization and procedural reforms.
Keywords: Private International Law, Foreign Judgments, Recognition and Enforcement, Reciprocity, Code of Civil Procedure, Jurisdiction, Natural Justice, Cross-Border Litigation.
