Recognition And Enforcement Of Foreign Judgments In The Era Of Global Trade: A Comparative Study
- IJLLR Journal
- 1 day ago
- 1 min read
Aryaman Dubey, BBA.LLB, KIIT School of Law, Bhubaneshwar
ABSTRACT
With globalisation intensifying cross-border economic transactions, effective mechanisms for recognising and enforcing foreign judgments have become imperative to facilitate the smooth resolution of international commercial disputes. However, divergence across jurisdictions regarding conditions and procedures for enforcement creates uncertainty and inefficiencies. This study undertakes a comparative analysis of the theoretical underpinnings, existing legal frameworks and judicial approaches to foreign judgment recognition across diverse legal systems. It examines relevant multilateral and regional regimes along with domestic statutes and common law principles that shape current practice. Notable case studies provide insights into judicial interpretation of requirements such as reciprocity, finality, due process and public policy exceptions. The research highlights the limitations of existing frameworks including overreliance on comity and lack of harmonization on pivotal issues like jurisdictional bases. It advocates wider adoption of progressive multilateral conventions while reforming domestic law to inject greater predictability into foreign judgment enforcement. Suggestions are also made to improve Indian law by reducing excessive judicial discretion and codifying precise statutory guidelines. Overall, the study underscores the need for nuanced solutions that balance consensus building with preserving legitimate procedural divergences between sovereign legal systems.
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