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Cross-Border & International Matters

Cross-border contracts, service abroad, enforcement of foreign judgments and arbitral awards in India.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

Clients with an international element often need help with cross-border contracts and choice-of-law and jurisdiction clauses, serving court papers abroad (India is a party to the Hague Service Convention), and enforcing foreign decisions in India. A decree of a superior court of a 'reciprocating territory' notified under Section 44A of the Code of Civil Procedure can be executed in India as if it were an Indian decree; other foreign judgments generally need a suit. Foreign arbitral awards from New York Convention countries notified by India are enforced under Part II of the Arbitration and Conciliation Act, 1996. Foreign investment and remittances are subject to FEMA, 1999.

Consultation

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Frequently Asked Questions

Can a foreign court judgment be enforced in India?

If it is a decree of a superior court of a reciprocating territory under Section 44A CPC, it can be executed directly. Otherwise a suit is filed on the judgment, and the defences in Section 13 CPC apply.

How is a foreign arbitral award enforced?

By filing an application under Part II of the Arbitration and Conciliation Act, 1996. Enforcement can be refused only on the limited grounds in Section 48.

How are court papers served on someone abroad?

Through the channels under the Hague Service Convention for member countries, or through bilateral arrangements and the procedure in the CPC.