Recognition of Foreign Judgments Under Private International Law
Recognition of Foreign Judgments Under Private International Law
Recognition of Foreign Judgments Under Private International Law
For understanding, let us see this way that the world is divided into different
territorial units, with each unit being governed by its specific laws considering
contracts, sales of goods, torts, etc. A person who belongs to one such territorial unit
may travel to another unit and get engaged in the contract. When he comes back and
an issue regarding contract arises, then the court with jurisdiction has to apply
international private laws along with domestic laws.
Private International Law can also be understood from the functions it performs.
Broadly speaking it helps in determining the laws, foreign or domestic, to be used in
the case which arises out of private legal relationship along with the presence of some
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foreign material. Further, it also helps in determining the maintainability of the case,
telling about which courts have jurisdiction to settle the dispute.
The basis or Foundation of Private international laws arises out of the need of
internationally compatible legislations. It has also been suggested that the Private
International Laws are based on the Doctrine of Comity. The doctrine of comity refers
to mutual understanding between various states, comity is nothing but the accepted
rules which are mutually acceptable by different states and apply the same with
cooperation, giving ease to each other.
Lex Domicili
Lex Domicili governs the capacity and validity of the marriage of two parties. Lex
domicili, which means the law of the domicile, at the time of death of a person also
helps in the succession of movable property.
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Lex Situs
Lex situs help in governing the matters related to the transfer of movable property.
Lex situs which means the law of the place, not only helps in the succession of the
movable property but also helps in transfer of immovable property.
Lex Fori
Lex Fori or Law of forum helps in the governance of the law of procedure.
This section deals with foreign judgments and mentions the instances where foreign
judgments will not be conclusive. Foreign judgments shall be conclusive in various
instances with the following exceptions:
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If the case was undertaken and the decision was taken based either on the
misinterpretation or incorrect view of international law then also the foreign
judgment will not be conclusive.
If it is found that proceedings did not consider the Indian laws applicable in that
particular case, then the foreign judgment will not be considered conclusive.
For a foreign judgment to be conclusive it should be made sure that judgment
does not go against the spirit of Natural Justice. In such cases where the
judgment goes against the Spirit of Natural Justice then the judgment will not
be considered as conclusive.
The two other cases, where the judgment will not be considered as conclusive,
are first: if the judgment has been obtained by fraud, and second: if the
judgment has been given breaches any of the present Indian laws.
Section 44A:
Along with a certified copy of the decree, a certificate which mentions the
extent to which satisfaction or adjustment of the decree has been given. The
certificate should be a conclusive proof which mentions adjustment and
satisfaction.
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While executing decrees as per the mentioned procedure the court must not let
it violate the clauses mentioned under Section 13 of Code of Civil Procedure,
1908.
Judgments of the Supreme Courts and High courts play an important role in
giving a clear finishing and proper interpretation of various laws. Similarly in this case
too the Supreme Court has given certain quality judgments regarding the issue of the
recognition and enforcement of foreign judgments. I will discuss one such important
issue enunciated by the Supreme Court in one of its judgments.
Relying on the ratio of the judgment of the case of International Woollen Mills
vs Standard Wool (UK) (2001 5 SCC 265) the Supreme Court in one of the recent
judgments has mentioned Section 13 Civil Procedure Code and Section 44A Civil
Procedure Code while deciding the case of Alcon Electronics Private Limited vs
Celem SA and another (2017 2 SCC 253). In this case, the Supreme Court ruled out
that the judgement of an English Court, which was being enforced in India, is a
judgment which is wholly based on the merit of the cases. The Supreme Court noted
down that in order to respect the principles of comity of the nations, which is the
foundation of Private International Law, the court must admit/accept the judgment of
the English court which has decided the matter on the basis of merit.
Even if the decision is an interlocutory order the judgment shall be given due
weightage, the only exception where such judgments cannot be accepted is when the
judgments are in violation of Section 13 of Civil Procedure Code. Therefore on this
basis, the court considered the judgment to be conclusive. Mentioning section 44A of
the Civil Procedure Code, the court also mentioned that execution of decrees of
reciprocating territories is permissible and England is a reciprocating territory, which
means that decrees passed by English Courts are admissible according to section 44A
(if decrees do not violate section 13 of Civil Procedure Code).
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7. Conclusion: