Enforcement of Indian Orders

The enforcement of domestic court orders and judgments in other countries is a specialist area of law.

Judgments which create obligations, or rights in other countries require the cooperation of the judicial system of the other country.

International judicial cooperation is theoretically engendered in the Comity of Nations principles and in international treaties. In practice however, persuading a national court to implement “as is”, the judgment of foreign courts is rarely straightforward.

The rules of enforcement of foreign judgments and awards allow domestic courts significant discretion in testing the judgment and the basis on which the judgments or decrees were issued.

We assist you not only in the enforcement of judgments across jurisdictions, but we can also assist you preemptively in ensuring that judgments which you seek from domestic courts are in a form that would be acceptable to the foreign court.

We can advise you on making appropriate submissions to domestic courts which result in the court making judgments which are less likely to be contentious or rejected in the foreign court.

Once you have a judgment in your favour, we can then assist you so that the judgments and decrees are implemented swiftly and in its entirety in the foreign court.