Abstract

The enforcement of a foreign judgment is the reward of an often protracted and expensive transnational litigation. Regrettably, the position in Indian law on the conclusiveness of a foreign judgment is outmoded, having a seemingly profound effect on international commercial litigation. Why? Because section 13(f) of the Code of Civil Procedure, 1908, barricades the enforcement of a foreign judgment if it circumvents "any" provision of Indian law, an exception which is unreasonably wide and disadvantageous. Nevertheless, by portraying a parallel with enforcement of foreign arbitral awards, ...