Fraud as a Vitiating Factor to Enforcement of Foreign Judgments: A Comparative Analysis of India, UK and US

Abstract

Recognition and enforcement of foreign judgments forms one of the three essential limbs of the Private International Law. It relates to the practice of a court to recognise and give effect to a decision/judgment of a court which is foreign to it. Generally courts recognise the judgments delivered by other courts of competent jurisdiction functioning within their own system of law owing primarily to the 'full faith and credit' doctrine. However this principle of recognition of foreign judgments is not absolute. This is for the reason that the determination as to whether a particular judgment is recognizable essentially depends upon the Private International Rules of the country wherein the judgment is desired to be recognised and enforced.

The present paper examines the role of 'fraud' as a factor in vitiating the recognition and enforcement of foreign judgments. The aim would be analyse the position of law upon this aspect in India. An attempt would also be made to summerise the position in the United Kingdom and the United States via the statutory provisions and the practice upon this aspect.

The chapterization is as under; (I) Introduction (II) Why recognise? (III) Factors affecting recognition (IV) Fraud as a vitiating factor (a) What is fraud? (b) Effect of Fraud on foreign judgments (V) English Law (VI) United States Law (VII) Conclusion (VIII) Bibliography

Keywords: private international law, fraud, recognition of foreign judgment

JEL Classification: K33, K39, K41