Choice of Court
The enforcement of foreign judgments in India is governed by Section 44-A of the Code of Civil Procedure 1908 (“the Code”). Section 44-A provides that money judgments passed by the superior courts of reciprocating territories may be enforced in India as though they were decrees of Indian courts – subject, however, to compliance with the Code’s other requirements. Effectively, therefore, the Code ensures that a foreign judgment passed by a superior court in a reciprocating territory is not subject to a review on merits.
All other judgments by foreign courts, however, only give the successful plaintiff the right to institute a fresh suit in India if the foreign judgment is the cause of action for – and evidence in aid of – the relief sought. Such an action is treated as though it were any other suit filed before an Indian court, with parties having the right to lead evidence and advance arguments on the merits of the claim.
Please click here to read the full publication by Amar Gupta and Ananya Kumar published in Chambers and Partners.
Amar is amongst the founding members of JSA’s Disputes Practice. He has in past served as the Practice Chair and a member of the Firm’s Executive Committee.