Judgment Enforcement

The Indian Ministry of Law and Justice classified the UAE as a “reciprocating territory” under section 44 of India’s Code of Civil Procedure (Law No. 5 of 1908) on January 17th, 2020. Consequently, foreign judgement debts from courts in the UAE can be enforced in India without the need for a new civil judgement from an Indian court. To initiate enforcement proceedings, the enforcing party must file their request in the appropriate court in India, along with a certified copy of the UAE Court judgement and a certificate from the relevant UAE Superior Court confirming whether any part of the judgement has been fulfilled.

Despite the existence of a treaty for extradition and judicial cooperation between the UAE and the UK, there is no mutual agreement for recognizing judgements issued by either country. This lack of reciprocity presents a challenge for parties attempting to enforce judgement debts as their only option is to file a claim against the judgement debtor in UK courts under common law. However, the judgement must meet specific criteria, including being issued by a court with exclusive jurisdiction, being final and binding, and clearly stating the amount owed. Even if these conditions are met, complications may arise if the judgement conflicts with public policy or other grounds.

Our associated company, trading as Capital Recoveries, is based in the UK and has considerable expertise in debt collection. They are authorized by the FCA, and work with over 90 Banks and Building Societies in the UK. Capital Recoveries has obtained various certifications such as IS0 27001, 14001, Cyber Essentials, PCIDSS, and received a Gold Medal by Eco Vadis for sustainability.

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