An Indian exporter wins a decree against a defaulting buyer based abroad. Or an Indian company is sued in a foreign court and the plaintiff comes to India to enforce. Both situations are governed by Section 13 and Section 44A of the Civil Procedure Code 1908, plus the New York Convention for arbitral awards. The rules are clearer than most assume — and the contract-stage planning required is more than most do.
The Central Government designates certain countries as 'reciprocating territories' whose superior court judgments can be enforced in India as if they were Indian decrees. As of 2026 the list includes the United Kingdom, Singapore (added 2020), United Arab Emirates (added 2020), Hong Kong, Malaysia, New Zealand, Bangladesh, Trinidad & Tobago, Papua New Guinea, Fiji, and others. Section 44A process: certified copy of foreign judgment + certificate from foreign court regarding satisfaction → filed in the Indian District Court → enforced as Indian decree (subject to Section 13 grounds for refusal).
For judgments from non-reciprocating territories — or those of inferior courts even in reciprocating territories — Section 13 says a foreign judgment shall be conclusive UNLESS one of six grounds applies:
- 1Pronounced by a court of competent jurisdiction.
- 2Given on the merits of the case.
- 3Founded on a correct view of international law and Indian law where applicable.
- 4Proceedings not opposed to natural justice.
- 5Not obtained by fraud.
- 6Not founded on a breach of any law in force in India.
A judgment failing on any one ground can be refused enforcement. Burden is on the party resisting enforcement.
You file a fresh suit on the foreign judgment as the cause of action. The Indian court treats the foreign judgment as evidence. Limitation: 3 years from the foreign judgment date. Section 13 grounds become substantive defences. Typical timeline: 24-48 months. For US judgments — US is NOT a reciprocating territory despite popular assumption — this is the only route.
For foreign arbitral awards from countries party to the New York Convention (170+ countries), Sections 47-49 of the A&C Act apply. The award + arbitration agreement are filed in the competent Indian court; the court satisfies itself the award is enforceable under the limited grounds in Section 48; once satisfied, the award is enforced as a decree. Much faster than Section 13 enforcement — typically 6-18 months.
Enforcement timeline by route — foreign judgment / award against Indian party
Domestic Indian decree
NY Convention arbitral award
Reciprocating territory (Section 44A)
Non-reciprocating (Section 13 suit)
Funded-matter observation 2023-2026. Domestic decree shown for comparison. NY Convention assumes a clean award without serious public policy challenge.
The cleanest commercial recovery against a foreign buyer relies on an arbitration clause specifying a New York Convention seat — Singapore, London, Hong Kong, Paris. Award rendered there → enforceable in India under NYC. This avoids the Section 13 gauntlet entirely. For B2B contracts with overseas Indian-diaspora buyers in UAE or Singapore, reciprocating-territory status of the buyer's jurisdiction is the practical fix.
Cross-border recovery from India isn't impossible — it just requires planning at contract stage, not at default stage. Specifying a reciprocating territory for jurisdiction, or a New York Convention seat for arbitration, turns enforcement from years to months. Without that, even a clear-cut decree faces Section 13's six-test gauntlet.