Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Bangladesh
There is a difference between recognition and enforcement of judgments. Section 13 of the Code of Civil Procedure sets out the limitations on the recognition of a foreign judgment. Where the holder of a foreign decree approaches the appropriate court in Bangladesh to which the provisions of the code apply, unless the opposite party succeeds in establishing any of the objections enumerated under Clauses (a) to (f) of Section 13 of the code, the judgment of the foreign court is declared to be conclusive as to any matter that is directly adjudicated between the same parties; as such, the judgment will be recognised. However, in order to enforce, a decree must be passed in terms of the foreign judgment by the Bangladeshi court. Thereafter, the decree can be executed in the manner provided by the code.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.2
What is the formal process for recognition and enforcement?
 
Bangladesh
To make a foreign judgment conclusive in Bangladesh, it must be shown that it complies with the six conditions stipulated under Section 13 of the code. If the judgment falls within any one of these conditions, it will not be considered conclusive and consequently will not be legally effective and binding.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.3
What documents are required in support of an application for recognition and enforcement?
 
Bangladesh
A certified copy of the judgment is required in support of an application for recognition and enforcement of a foreign judgment (Section 14 of the Code of Civil Procedure).

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.4
What fees are payable for recognition and enforcement?
 
Bangladesh
The court fees would depend on the value of the suit for enforcement and depending on the value in each case, the fees will have to be calculated.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.5
Is the applicant required to provide security for costs?
 
Bangladesh
This will generally depend on the order of the court. Should the court decide to issue such an order upon an application, security for costs may have to be provided. However, there is no compulsory or automatic requirement for an applicant to provide security for costs.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Bangladesh
There is no fixed timeline for obtaining a declaration of enforceability. Since this kind of situation is very rare in Bangladesh, the time required may vary from case to case.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Bangladesh
We confirm that the court has the power to issue injunctive relief pending enforcement of foreign judgment.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates