Employment, Public & Specialist
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
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
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.
Related Services
Commercial & Civil Suits
Suits over contracts, payments and business disputes in the civil and commercial courts.
Arbitration & Mediation
Arbitration under the Arbitration and Conciliation Act, 1996 and mediation as alternatives to a court trial.
Passports, Visas & Immigration
Passport issues, visas, OCI, foreigners' registration and related representations and petitions.