Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Bangladesh
The defendant can challenge the conclusiveness of the matter and recognition and enforcement of the foreign judgment on the following grounds:

  • The judgment was not pronounced by a court of competent jurisdiction;
  • The judgment was not given on the merits of the case;
  • The judgment is based on an incorrect view of international law or refusal to recognise the laws of Bangladesh;
  • The judgment is opposed to natural justice;
  • The judgment has been obtained by fraud; or
  • The judgment is founded on a breach of Bangladeshi law.
For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
4.2
What is the limitation period for filing a challenge?
 
Bangladesh
The notice issued by the court following the commencement of the proceedings would normally provide a fixed date by which the challenge must be filed. However, in our experience, local courts are generous in granting extension of time for submitting written statement challenging enforcement. Since it is at the discretion of the court, it is more likely that court will condone any delay in submitting an objection against enforcement action.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Bangladesh
Enforcement of judgments from reciprocating territories that are executable in Bangladesh as domestic decrees cannot be challenged by an injunction. Enforcement may be challenged, however, by way of an appeal or by an application for stay of execution as laid down under the Code of Civil Procedure or under the existing laws of Bangladesh.

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