Recognition and implementation of transnational judgments or decrees passed by a foreign court via the judicial system of another country or territory constitute the enforcement of foreign rulings. In a country without it first being recognised for the purposes of domesticating under the parameters of Sec 13 of the Code of Civil Procedure, 1908, thereby making it equal to those judgments passed by the local courts, any such foreign judgment or decree cannot be executed. Such an accepted foreign decision is then enforced or “executed” in accordance with the national laws of the nation. But as they are based on an award, the Foreign Judgements / Decrees are exempt from the Definition of a Decree and cannot be enforceable under Section 44-A of the Code of Civil Procedure, 1908. Under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which is in effect, the process and criteria are set out for the enforcement and execution of Arbitral Agreements and Awards.

Scope of Enforcement of Foreign Judgments in Pakistan

Usually governed by bilateral or multilateral agreements between countries, the extent of enforcement of foreign judgments in a region depends on these treaties. In the lack of an explicit international agreement, some nations also permit recognition and enforcement of judgments based on the concept of comity and reciprocity.

Enforcement of foreign judgments is not necessarily confined to cases of money judgments but may also extend to non-monetary judgments and personal status judgments as well. Extradition is the process adopted by nations in criminal cases; enforcement is usually limited to civil or commercial issues.

In Pakistan, enforcement of foreign decisions is done on the basis of the principle of reciprocity, that is, if the country from which the judgment originates does not recognise the judgments of Pakistani courts, local courts shall not directly enforce such a judgment of the foreign court as an executing court. Such decrees or decisions can only be used as a final piece of proof for the final resolution of rights between the parties, therefore forming the foundation of a cause of action to launch a new case in Pakistan.

Bearing in mind that there are three ways through which a decree holder under a foreign judgment might carry out their rights in Pakistan:

• Direct implementation of the foreign judgment under Sec. 44-A of the Civil Procedure Code, 1908, provided that the nation issuing the ruling is listed as a reciprocating jurisdiction in the Official Gazette of Pakistan;
• Bringing a lawsuit in Pakistan while treating the foreign judgment as a cause of action to which Article 117 of the Limitation Act, 1908, applies; or
• Bringing a new claim for redetermination of the parties’ rights.

Enforcement under Civil Procedure Code, 1908

As stated previously, a decree holder of a foreign ruling can immediately carry out their rights by presenting a certified copy of the same to the District Courts and then, as per Sec. 44-A of the Civil Procedure Code, 1908, such a decree would be treated as if it had been first enacted by the District Court of Pakistan. Such direct implementation of a foreign judgment, however, is only enforceable for decrees issued by the superior courts of the United Kingdom or any “reciprocating territory”.

Here, reciprocating territory is the United Kingdom or any other country as may be indicated by the Federal Government under its official Gazette. Fiji, Singapore, the Australian Capital Territory, New Zealand, including the Cook Islands and the Trust Territory of Eastern Samoa; the Northern Territory of Australia; the State of Victoria; the States of Queensland and Western Australia; the State of Kuwait; the UAE; and the Republic of Turkey are among such reciprocating territories.

As an Appellate Practice Group customer, you will be highly engaged at every phase of the appeals process. Legal theories and tactics have been analysed; we consult with our clients as we draft the written brief. Given our familiarity with the appeals decision process, we appreciate the need for succinct, clearly written, persuasive briefs. Although oral argument can occasionally be decisive in an appeal, there is no replacement for a carefully written brief. As in most facets of life, on appeal,l there is never a second opportunity to make a first impact. The written brief offers the first and hence most crucial chance to forward our clients’ cause.

The other means stated above allow for the execution of any decision made by a non-reciprocating jurisdiction.

Furthermore, the scope of Section 44-A is limited just to money judgments, so excluding money decrees about taxes, fines, penalties, costs, and arbitration judgments.

Once such requirements are met and the certified copy of such foreign judgment is filed before the District Court, such judgment will be considered under the terms of Sec 13 of the Code of Civil Procedure, 1908.

According Sec 13, save in particular circumstances, a foreign judgment is final as regards any matter directly ruled upon between the same parties. Anyone attempting to implement a foreign court judgment has to establish that the exception given under Section 13 is not triggered. These exclusions cover:

• Where a court with appropriate jurisdiction has not issued the judgment: The territorial jurisdiction of the foreign court over the defendant or the subject matter of the suit, that is, the subject matter and/or the defendant resides inside the foreign territory, determines its competency.
  It is, though, important to note here that, as per Sec 14 of the Code of Civil Procedure, 1908, producing the certified copy of a foreign judgment raises a trustworthy presumption that the court of competent jurisdiction passed such a foreign judgment. Such competence of the foreign court shall only be brought into question if the same is apparent from the record or is rebutted otherwise through a compelling piece of evidence.
• The merits of the case are not judged.
• It seems on the surface of the proceedings to be based either on an erroneous understanding of International Law or a denial of the law of Pakistan in such cases where it is relevant.
• The process through which the judgment is reached is against natural justice.
• The judgment was obtained by fraud and
• The court supports a case based on a violation of any law currently in force in Pakistan.
  
  

The court will then issue warnings to the judgment debtor to demonstrate cause why execution should not be ordered once such a foreign judgment passed by a reciprocating country is considered under Sec 13.

Unless the country is reciprocating, a foreign judgment rendered by any other nation may be enforced either by filing a lawsuit employing the judgment as a basis of action, assuming it meets the requirements of Sec 13. Alternatively, the decree holder may file a new case in Pakistan based on the original cause of action.

Our Approach

At Sardar Khan & Co, we advise and represent clients at every stage of foreign judgment recognition and enforcement in Pakistan. Our practice focuses on strategic assessment, procedural compliance, and effective execution, whether through direct enforcement under Section 44-A or by initiating fresh proceedings where reciprocity does not exist.

Our experience allows us to provide clear, precise, and practical guidance while safeguarding our clients’ commercial interests and legal rights.