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Section 37
Special provisions regarding the enforcement of foreign court judgments
(1) Notwithstanding anything else written in this Act, a foreign state or a foreign party wishing to obtain recognition of a foreign court judgment of a civil nature or to enforce such a judgment in Nepal should submit an application to the relevant Appellate Court with the following documents attached. shall:
(a) Certified full copy of the judgment,
(b) If the case has been decided in the absence of a party, a copy or certified copy of the document establishing that the deadline has been duly issued to such party,
(c) all the documents establishing that the judgment fulfills the conditions under clauses (b) and (c) of sub-section (2),
(d) A copy of the judgment with full text translated in Nepali language certified by the concerned diplomatic or consular representative or a person authorized to do official translation.
(2) When studying the documents with the application received according to sub-section (1), if it is found that the judgment of the foreign court fulfills the following conditions, the relevant appellate court shall recognize the judgment of the foreign court and send it to the relevant district court for implementation:-
(a) If such judgment is found to have been rendered by a competent court having appropriate jurisdiction,
(b) If such judgment is enforceable in the respective country,
(c) If such a decision is final according to the law of the respective country and there is no situation where it can be reviewed. Explanation: For the purposes of this section, "concerned district court" means the district court of the area where the property is to be paid, the bond is to be separated, and the customs are to be administered according to the judgment. (3) Notwithstanding anything written in sub-section (2), a judgment rendered by a court of a foreign country shall not be recognized in Nepal and such judgment shall not be enforceable in Nepal in the following cases:
(a) If, from a procedural point of view, such judgment appears to be fraudulent or fraudulent,
(b) the facts, purposes and such judgment in the case between the partiesFor the same fact and purpose, if the case is pending in the court of Nepal before the foreign court between the same parties,
(c) If the case under clause (b) has already been decided by the court of Nepal,
(d) In the case under Clause (b), if a decision has been made by a court of another country and such decision has been recognized in Nepal, it has been implemented or is in the process of being implemented,
(e) If any party to the case is not given sufficient opportunity to represent himself in such judgment,
(f) If such decision appears to have been made without due process necessary for the trial of the case,
(G) If the implementation of such decision would be detrimental to public order.
(4) According to sub-section (2), if the judgment is written to be executed by the appellate court, the relevant district court shall treat the judgment as the same and execute it.
(a) Certified full copy of the judgment,
(b) If the case has been decided in the absence of a party, a copy or certified copy of the document establishing that the deadline has been duly issued to such party,
(c) all the documents establishing that the judgment fulfills the conditions under clauses (b) and (c) of sub-section (2),
(d) A copy of the judgment with full text translated in Nepali language certified by the concerned diplomatic or consular representative or a person authorized to do official translation.
(2) When studying the documents with the application received according to sub-section (1), if it is found that the judgment of the foreign court fulfills the following conditions, the relevant appellate court shall recognize the judgment of the foreign court and send it to the relevant district court for implementation:-
(a) If such judgment is found to have been rendered by a competent court having appropriate jurisdiction,
(b) If such judgment is enforceable in the respective country,
(c) If such a decision is final according to the law of the respective country and there is no situation where it can be reviewed. Explanation: For the purposes of this section, "concerned district court" means the district court of the area where the property is to be paid, the bond is to be separated, and the customs are to be administered according to the judgment. (3) Notwithstanding anything written in sub-section (2), a judgment rendered by a court of a foreign country shall not be recognized in Nepal and such judgment shall not be enforceable in Nepal in the following cases:
(a) If, from a procedural point of view, such judgment appears to be fraudulent or fraudulent,
(b) the facts, purposes and such judgment in the case between the partiesFor the same fact and purpose, if the case is pending in the court of Nepal before the foreign court between the same parties,
(c) If the case under clause (b) has already been decided by the court of Nepal,
(d) In the case under Clause (b), if a decision has been made by a court of another country and such decision has been recognized in Nepal, it has been implemented or is in the process of being implemented,
(e) If any party to the case is not given sufficient opportunity to represent himself in such judgment,
(f) If such decision appears to have been made without due process necessary for the trial of the case,
(G) If the implementation of such decision would be detrimental to public order.
(4) According to sub-section (2), if the judgment is written to be executed by the appellate court, the relevant district court shall treat the judgment as the same and execute it.