Foreign Judgement

A valid judgment resolves all the contested issues and terminates the lawsuit since it is regarded as the court s official pronouncement of the law on the action.

Foreign judgement. Generally foreign judgments are enforced based on reciprocity or participation in a treaty. A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties. Moreover it is a requirement that the foreign court must have jurisdiction on either a territorial or. The recognition of a foreign judgment precludes the relitigation of a claim on the same facts on the ground of res judicata and or collateral estoppel.

Distinction from res judicata. The expression matter does mean subject matter. This should include any enforcement proceedings such as a levy upon assets etc. The general principle of law is that any decision by a foreign court tribunal or quasi judicial authority is not enforceable in a country unless such decision is embodied in a decree of a court of that country.

There are notable exceptions which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment may be enforced by instituting a suit on such foreign judgment. In order to be enforceable under this regime a judgment must be final conclusive and be for a sum of money. There are various reasons for the court to deny recognizing the foreign judgment.

The 1964 foreign judgment act allowed the states to enforce a judgment from another state without the expense of litigation. Foreign judgement enforcement. The only foreign judgment which can be enforced in england is a money judgment for which a party will sue on the debt. A foreign judgment must be filed with the clerk of the court in the county in the person owed judgment creditor seeks to enforce the judgment.

A judgment is the final part of a court case. Where a foreign court in an inquiry before it in a probate proceeding refused to recognise the law of british india applicable to the deceased s immovable property in british india it was held that the judgment of the foreign court was not one on which a suit will successfully lie lix the judgment of a foreign court which awarded interest on. The administration of justice act and the foreign judgments reciprocal enforcement act applies to cover commonwealth countries. Section 13 enacts a branch of the rule of res judicata in its relation to foreign judgments.

A judgment passed by the foreign court where before a contrary indian law had been shown but the court had refused to recognize such law then that judgment or decree may not be enforceable except where the proper law of contract is the foreign law. A foreign judgment acts conclusive as to any matter it is directly adjudicated upon excluding the reasons for judgment.