Enforcement Of Foreign Decrees And Awards In India

INTRODUCTION

Globalization of the economy has opened new horizon for the businesses which were a distant dreams earlier in closed economy. As business transaction has taken a whole new dimension across the border hence there are various problems which were earlier not faced by the people. The emergence of disputes across the border is also a genre of globalization of business. In these disputes, jurisdiction may also be outside India and when a decree is passed by a foreign court, its execution or validity is also a question which was not easy to answer.

This article focuses on the binding nature of the foreign decrees given by courts of reciprocating foreign territories. It also talks about the ambit of section 13 of C.P.C with respect to section 44A and the enforcement of foreign arbitral awards.