Originally from:
Enforcement of Money Judgments - Looseleaf
Enforcement of Money Judgments - Electronic
Bangladesh
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including
Courts) toward enforcement of foreign money judgments.
Though Bangladesh Laws have been mainly derived from the
English Laws as the country was under the British rule for about two
hundred years, unlike the United Kingdom Bangladesh Government
always adopts a very conservative approach towards the enforcement
of foreign judgment awards. The government encourages enforcement
of foreign money judgments provided it fulfills a number of criteria as
defined by the law so that there is no breach of natural justice. Also
the Government has not entered into any Multilateral Treaty for the
enforcement of foreign judgment but has certain bilateral treaties for
the same. In Bangladesh, where applies, enforcement of foreign
judgments are much more easy at common law than the general
lawsuits. The attitude of the government and Courts is generally to
assist in the enforcement of foreign judgment where appropriate.
Any bilateral treaty to have binding effect on the Courts of
Bangladesh the terms must be ratified by the Parliament of Bangladesh.
The main statutes in force in Bangladesh which provide for
enforcement of judgments made in a foreign country are incorporated
into the Code of Civil Procedure, 1908. The countries which have
reciprocal arrangements with Bangladesh are set out in Appendix II.
Any bilateral agreement only apply to the recognition and
enforcement of judgments made in proceedings started if it has been
ratified and enacted by notification in the gazette by the Bangladesh
Government. The common laws of Bangladesh have no direct operation
on a foreign judgment provided the foreign Court had jurisdiction to give
the judgment, the judgment will be conclusive in Bangladesh and
enforceable, unless it does not fulfill the criterions outlined by the law for
enforcement. However, the judgment creditor must first bring an action
on the foreign judgment in the local Courts. The judgment creditor
cannot sue upon the original cause of action unless the judgment is not
enforceable or entitled to recognition in Bangladesh.
