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Results: 4 Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Bangladesh
In the process of enforcement of a foreign judgment, assuming that the judgment is given by a court of reciprocating country, the local court will assume that such a judgment is final and conclusive between the parties and is not impeachable either on facts or law or service of process except on limited grounds enunciated under section 13 of the Code. However, if the defendant/respondent can establish that service of process had not been in accordance with the applicable law, the court may refuse to enforce the judgment on the ground of breach of natural justice.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Bangladesh
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under which they or any of them claim litigation under the same title, except where it has not been pronounced by a court of competent jurisdiction. The court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving lack of jurisdiction.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Bangladesh
A foreign judgment which has become final and conclusive between the parties is not impeachable on either facts or law or service of process, except on limited grounds enunciated under Section 13 of the Code of Civil Procedure. These grounds include a situation where it appears on the facts of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Bangladesh in cases in which such law is applicable. The other grounds of appeal include where the proceedings in which the judgment was obtained are opposed to natural justice; where the judgment was obtained by fraud; and where the judgment sustains a claim founded on a breach of any law in force in Bangladesh. As such, it appears that the court will review the foreign judgment for compliance with applicable law.

It is an established principle that a court of law in Bangladesh may refuse to enforce a foreign judgment if such enforcement is opposed to public policy

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.4
Will the court review the merits of the foreign judgment?
 
Bangladesh
A foreign judgment which has become final and conclusive between the parties is not impeachable on either facts or law or service of process, except on limited grounds enunciated under Section 13 of the Code of Civil Procedure. The local court will not have much scope to examine the judgment on merit..

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Bangladesh
The courts in Bangladesh follow the principle of res judicata as defined under Section 11 of the Code of Civil Procedure and thus will not entertain a foreign judgment where there is a conflicting local judgment between the same parties relating to the same issue.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Bangladesh
A foreign judgment which has become final and conclusive between the parties is not impeachable on either facts or law or service of process, except on limited grounds enunciated under Section 13 of the Code of Civil Procedure. These grounds include the following:

  • 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
5.7
Is partial recognition and enforcement possible?
 
Bangladesh
This will depend on the circumstances and facts of each case. There appears to be no express bar to such recognition and enforcement.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Bangladesh
The court has discretion to award costs; in the great majority of cases, however, no award as to costs is given.

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