Practice note

Cross-Border Disputes, International Arbitration and Foreign Judgments

Matters with a foreign element raise questions of jurisdiction, applicable law and enforcement. In India these are governed principally by the Arbitration and Conciliation Act, 1996, including Part II, which gives effect to the New York Convention; by Sections 13 and 44A of the Code of Civil Procedure, 1908; and, for cross-border transactions, by the Foreign Exchange Management Act, 1999.

Statement of law as on 19 October 2026Lex Meridian · Advocates & Legal Consultants

In brief

A foreign award made in a New York Convention territory notified by India is enforceable as a decree, subject only to the limited grounds in Section 48.
A decree of a superior court of a “reciprocating territory” may be executed in India under Section 44A CPC; any other foreign judgment must be sued upon, subject to Section 13 CPC.
Part I of the Arbitration Act does not apply to arbitrations seated outside India, save for the provisions extended by the proviso to Section 2(2).
In cross-border custody disputes, the welfare of the child, and not comity alone, is decisive; India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Governing law

Arbitration and Conciliation Act, 1996: Section 2(1)(f) (international commercial arbitration), the proviso to Section 2(2), Sections 44 to 49 (New York Convention awards), and Section 9 (interim relief in foreign-seated arbitrations).
Code of Civil Procedure, 1908: Section 13 (when a foreign judgment is not conclusive), Section 14 (presumption), Section 44A (execution of decrees passed by courts in reciprocating territories).
Foreign Exchange Management Act, 1999: Current and capital account transactions, compounding and adjudication of contraventions.
Customs Tariff Act, 1975: Sections 8B, 9 and 9A (safeguard, countervailing and anti-dumping duties) before the Directorate General of Trade Remedies.
Extradition Act, 1962 and Passports Act, 1967: Extradition requests, look-out circulars and passport proceedings.

How the matter is handled

Stage	Steps taken	Indicative time
1. Jurisdiction and governing law	Identification of the seat, the governing law, the forum, and the enforceability in India of any foreign judgment or award.	First week
2. Strategy	Choice between arbitration, Indian proceedings and coordinated proceedings abroad with overseas counsel; interim relief under Section 9 where assets are situated in India.	As required
3. Proceedings	Conduct of the arbitration or litigation, including evidence taken abroad through letters of request and by video conference.	Depends on the forum
4. Recognition and enforcement	Petition under Sections 47 to 49 for a foreign award, execution under Section 44A CPC, or a suit on a foreign judgment.	Depends on the court
5. Compliance	Advice on FEMA compliance, repatriation of proceeds and regulatory filings.	Ongoing

Leading judicial authorities

Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc.
(2012) 9 SCC 552 (Constitution Bench)
Part I of the Arbitration Act applies only to arbitrations seated in India; the ruling operates prospectively, to arbitration agreements executed after 6 September 2012.
Vijay Karia v. Prysmian Cavi E Sistemi SRL
(2020) 11 SCC 1
The grounds for resisting enforcement of a foreign award under Section 48 are narrow; the court does not review the merits, and the ground of inability to present one's case is confined to a breach of natural justice.
PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd.
(2021) 7 SCC 1
Two Indian parties may choose a seat of arbitration outside India, and the resulting award is a foreign award enforceable under Part II.
Y. Narasimha Rao v. Y. Venkata Lakshmi
(1991) 3 SCC 451
A foreign matrimonial decree is recognised in India only if the jurisdiction assumed by the foreign court and the ground of relief accord with the matrimonial law under which the parties were married.
Nithya Anand Raghavan v. State (NCT of Delhi)
(2017) 8 SCC 454
In cross-border custody disputes, the court decides on the welfare of the child; an order of a foreign court is a relevant factor but is not to be enforced mechanically.

Latest judgments & updates

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Recent judgments of the Supreme Court, the High Courts and tribunals, and court reports, concerning International Law. Updated automatically through the day.

Documents to keep ready

Contracts, including the governing-law and dispute-resolution clauses
The foreign judgment or award, with certified copies and translations
Correspondence with the foreign counterparty
Particulars of assets and bank accounts in India

Frequently asked questions

Is a foreign money decree directly executable in India?

Only if it is a decree of a superior court of a territory notified as a reciprocating territory under Section 44A CPC, such as the United Kingdom, Singapore and the United Arab Emirates. Otherwise a suit must be instituted on the foreign judgment.

Can an Indian court grant interim relief in a foreign-seated arbitration?

Yes. By the proviso to Section 2(2), Section 9 applies to international commercial arbitrations seated outside India, unless the parties have agreed otherwise.

This note states the law in general terms as on 19 October 2026. It is not legal advice and does not create an advocate–client relationship. Judgments are summarised for reference and should be read in full from the official reports; the facts of each matter may alter the position.

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