Noble International Journal of Social Sciences Research
ISSN(e): 2519-9722 ISSN(p): 2522-6789
Vol. 07, No. 03, pp: 79-85, 2022
Published by Noble Academic Publisher
URL: www.napublisher.org
Original Article Open Access
79
An Analysis of Recognition and Enforcement of Foreign Judgments in
Bangladesh
Article History
Received: 05 August, 2022
Revised: 16 September, 2022
Accepted: 26 September,2022
Published: 03 October, 2022
Copyright © 2022 Noble Academic
Publisher & Author
Abstract: The recognition and enforcement of foreign judgments is an aspect of private international law and
concerns situations where a successful party to a case seeks to rely on a judgment obtained in a court of another
jurisdiction. The most common example of recognition and enforcement of foreign judgments is where a party
obtaining a favorable judgment in one state or country may seek to have the judgment recognized and enforced in
another state or country. The goal of the study is to determine whether Bangladesh's current regulations regarding
the recognition and execution of foreign judgments are consistent with the demands of contemporary business. This
article would discuss the Recognition and enforcement process of a foreign judgment in Bangladesh. This article
further reviewed the types of judgments that may be recognized and enforced in Bangladesh. A reciprocating
agreement between states is necessary for the enforcement of a foreign judgment, which has also been legalized.
Therefore, this paper will briefly go through those conditions for a foreign judgment's enforcement. This paper
sought to discuss the court proceeding if the foreign judgment conflicts with a previous judgment in relation to the
same dispute between the same parties. This paper determines to find the present proceeding of a foreign judgment
in Bangladesh and also suggests a few important recommendations to make sure that foreign judgments are properly
recognized and enforced.
Keywords: Foreign Judgments, Recognition and Enforcement, Bangladesh, Bangladesh Court.
1. Introduction
When a court in one nation or jurisdiction recognizes a judicial judgment made by courts in another
country or jurisdiction and renders a judgment in nearly identical terms without revisiting the initial legal
controversy, the issue of foreign judgment emerges. Where a direct trial is to be held between the same
party or between the parties under which they or one of them claims the action under the same title, a
foreign judgment will be final if it has not been uttered by a court of competent jurisdiction.
In English law, there is a dissimilation between both foreign judgment recognition and foreign
judgment enforcement. Recognizing a claim involves treating it as if it had been decided in favor of one
of the litigants (Hilton, 1895). This is known as res judicata, and it acknowledges foreign competence and
the resolution of a dispute. Enforcement, on the other hand, is the act of carrying out the decision.
Bangladesh's laws are based on English law. Bangladesh has a judicial hierarchy, with the High Court
serving as the highest judicial entity and the Supreme Court serving as the country's highest court.
Furthermore, all statutes are adopted by Parliament, and the interpretations and verdicts of courts
contribute to the formation of law.
Each country has a natural propensity to safeguard itself against foreign judgments, to the detriment
of creditors who are the beneficiaries of the decisions. Foreign decisions are deemed to have no direct
effect due to the idea of territorial sovereignty (Castel, 1971). This attitude arises primarily from a lack of
trust in other judicial systems. It may be challenging for the adjudicatory court to determine the foreign
judge's impartiality and legal skill, as well as to appraise the foreign legal system (Castel, 1971). This
problem is exacerbated when the countries involved have fundamentally distinct legal systems and, as a
result, may have divergent ideas about government policy and judicial process. The adjudicatory court
may find it difficult to assess the foreign judge's procedural fairness and legal talent, as well as the foreign
legal system's trustworthiness.
Md Rezaull Karim*
Doctor of Philosophy, School of International Law, Southwest University of
Political Science and Law, Chongqing 401120, China
Muhammad Imran Tahir
Doctor of Philosophy, School of International Law, Southwest University of
Political Science and Law, Chongqing 401120, China
Pua Manilyn
Doctor of Philosophy, School of International Law, Southwest University of
Political Science and Law, Chongqing 401120, China