Analysing the recent Government notification declaring UAE as a Reciprocating Country
Author: Ayush Mittal, Student, Vivekananda Institute of Professional Studies, Guru Gobind Singh Indraprastha University, India
Abstract The legal matter involved in the enforcement of foreign decrees in India emphasises the need for the Indian business sectors not to treat the summons received from foreign courts casually. Unless the foreign decision/decree is not based on “merit” or contrary to the provisions of the Civil Procedure Code, may turn out to be unsafe and may jeopardise the protecting umbrella which the Indian companies are so accustomed to while dealing with litigations in Indian courts. In this article, we will examine the latest government notification declaring UAE to be India's reciprocating territory with its relation to the section 44 of CPC, 1908 in which the Indian Legal Framework categories International Judgments and Awards from all over the world into two types: (a) Judgments and Awards from India's Reciprocating Territories and (b) Judgments and Awards from India's Non-Reciprocating Territories. Furthermore, this Article would also discuss the laws related to the implementation of the foreign decree, the meaning and definitions of international judgments and reciprocating territories, as well as the jurisprudence behind them.
Keywords: Reciprocating country, UAE, Code of Civil Procedure
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