Moving a foreign money judgment or arbitral award into an Indian court is a recurring need for businesses that have won abroad against a counterparty whose assets sit in India. The route depends on two questions: was the order made by a court or by an arbitral tribunal, and where was it made. The answers below apply to the position as of October 2026 and are general information, not advice on a particular case.
A foreign court decree: the two routes
The Code of Civil Procedure, 1908 gives a foreign judgment effect in India in one of two ways.
- Reciprocating territory. Section 44A treats a decree of a superior court of a notified reciprocating territory as if an Indian district court had passed it. It is executed by filing an execution application with a certified copy of the decree and a certificate from the foreign court showing how far it has been satisfied. The United Kingdom, Singapore and the UAE, among others, have been notified.
- Any other country. A decree from a country that is not notified, including the United States, cannot be executed directly. The holder must file a fresh suit in India on the foreign judgment, and the Indian court decides the case on the footing that the judgment is conclusive, subject to Section 13.
Section 13: when a foreign judgment is conclusive
Under Section 13, a foreign judgment is conclusive on the matter it decides unless one of six conditions applies. It is not conclusive where:
- the court that gave it had no competent jurisdiction;
- it was not given on the merits of the case;
- it appears on the face of the proceedings to be founded on an incorrect view of international law, or a refusal to recognise Indian law where that applies;
- the proceedings were opposed to natural justice;
- it was obtained by fraud; or
- it sustains a claim founded on a breach of any law in force in India.
A default judgment given without any examination of the claim is the usual casualty of the “merits” test, so a judgment-creditor with a default or consent order should expect that point to be argued.
Foreign arbitral awards under Part II
An award is dealt with differently, and usually faster. Part II of the Arbitration and Conciliation Act, 1996 gives effect to the New York Convention. An award made in a notified Convention country is enforceable in India as if it were a decree of the court, once the court is satisfied that it is enforceable under Chapter I of that Part.
The holder applies with the original or a certified copy of the award and the arbitration agreement, and a certified translation if needed (Section 47). The other side may then raise only the grounds in Section 48, and the Supreme Court has repeatedly said that “public policy” is read narrowly and the court does not sit in appeal over the tribunal on the merits.
Limitation and where to file
- Limitation. Execution of a decree from a reciprocating territory has the twelve-year period under the Limitation Act, 1963. A fresh suit on a foreign judgment has three years from the date of that judgment. Where an award is concerned, the time for an application should be checked against the current case law and treated as three years to be safe.
- Forum. The application goes to the court with jurisdiction over the debtor or the assets, which for Delhi assets means the Delhi High Court or a Delhi district court depending on the value. A commercial dispute is heard as a commercial suit, with its own timelines. Our guide to pre-institution mediation and summary judgment explains how that track works.
Steps in practice
- Check the route. Confirm whether the decree-making country is a reciprocating territory, or the award’s country a notified Convention country, against the current gazette.
- Assemble the papers. Certified copies, the certificate of satisfaction, translations and proof of the debtor’s assets in India.
- File the execution application or suit, with an application to attach assets or restrain their transfer where there is a risk of dissipation.
- Meet the objections. The debtor’s answer is limited to Section 13 for a decree and Section 48 for an award.
- Execute. Attachment and sale of property, attachment of bank accounts and garnishee orders follow once the decree or award is held enforceable.
If you are weighing an enforcement step, our commercial dispute practice and the page on our corporate law firm in Delhi describe the forums we appear before. Call 99115 44811 or write to manujalawyers@gmail.com with a short note on the order and where the debtor’s assets are. This post is general information and is not a promise of any outcome.