An Analysis of Recognition and Enforcement of Foreign Judgments in Bangladesh

Md Rezaull Karim, Muhammad Imran Tahir and Pua Manilyn
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Md Rezaull Karim: Doctor of Philosophy, School of International Law, Southwest University of Political Science and Law, Chongqing 401120, China
Muhammad Imran Tahir: Doctor of Philosophy, School of International Law, Southwest University of Political Science and Law, Chongqing 401120, China
Pua Manilyn: Doctor of Philosophy, School of International Law, Southwest University of Political Science and Law, Chongqing 401120, China

Noble International Journal of Social Sciences Research, 2022, vol. 7, issue 3, 79-85

Abstract: The recognition and enforcement of foreign judgments is an aspect of private international law and concerns situations where a successful party to a case seeks to rely on a judgment obtained in a court of another jurisdiction. The most common example of recognition and enforcement of foreign judgments is where a party obtaining a favorable judgment in one state or country may seek to have the judgment recognized and enforced in another state or country. The goal of the study is to determine whether Bangladesh’s current regulations regarding the recognition and execution of foreign judgments are consistent with the demands of contemporary business. This article would discuss the Recognition and enforcement process of a foreign judgment in Bangladesh. This article further reviewed the types of judgments that may be recognized and enforced in Bangladesh. A reciprocating agreement between states is necessary for the enforcement of a foreign judgment, which has also been legalized. Therefore, this paper will briefly go through those conditions for a foreign judgment’s enforcement. This paper sought to discuss the court proceeding if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties. This paper determines to find the present proceeding of a foreign judgment in Bangladesh and also suggests a few important recommendations to make sure that foreign judgments are properly recognized and enforced.

Keywords: Foreign Judgments; Recognition and Enforcement; Bangladesh; Bangladesh Court. (search for similar items in EconPapers)
Date: 2022
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