interim orders passed by a foreign tribunal.
The Act only contemplates enforcement of foreign awards (and not foreign
interim orders).
18. SEGCL can also ... order passed by a foreign
court under the Code of Civil Procedure , 1908 - which only contemplates
execution of foreign decrees under Section 13 read with
choice of law (lex causae) (iii) recognition and enforcement of foreign
decrees.
6 (2005) 5 SCC 465
7 Chesire & North's Priviate International
This provision in the CPC , 1908,
provides for Execution of decrees passed by the Courts in
reciprocating territory. It provides that certified copy ... scheme of Order XXI applicable in respect of the
execution of decrees of foreign court mentioned in Sub section
1. In other words
ordinary jurisdiction.
Section 13 of the Code – “When Foreign Judgement not
Conclusive”
A foreign judgment shall be conclusive as to any matter thereby
directly adjudicated ... Section 44A of the Code provides for execution of decrees
passed by the foreign Courts in reciprocating territories. It, inter
alia, stipulates that where
whether this Court had jurisdiction to entertain the execution
petition of a foreign decree were heard and vide judgment dated
01.07.2014, it was observed ... Section 44A of the Code provides for execution
of decrees passed by the foreign Courts in
reciprocating territories. It, inter alia, stipulates that
where
found a solution to the vexed questions of
recognition of decrees granted by foreign courts by
enacting "The recognition of Divorces and Legal
Separations
which a sum of
money expressed in foreign currency can legitimately be claimed
by the plaintiff and decreed by the Court. The observations in
paragraph ... money expressed in a foreign currency can
legitimately be claimed by the plaintiff and decreed by the
court. It is unnecessary for us to categorize
foreign
currency, five dates compete for selection by the Court as
the proper date for fixing the rate of exchange at which the
foreign currency ... distinction can be made between decree/awards where amounts are
decreed/awarded in foreign currencies on the basis of the nationality of
the disputing parties
money expressed in a foreign currency can
legitimately be claimed by the plaintiff and decreed by the
court. It is unnecessary for us to categorize ... either in foreign or Indian
currency. However, this option would be available where the
money is shown to be expressly payable in foreign currency.
That
Foreign Awards are
in accordance with law and in compliance with section 47 of the
Arbitration Act. Having perused the Foreign Awards, I also ... Foreign Awards shall be deemed to be a decree of this court.
18. I am of the view that the Foreign Awards stand as decrees
