TRW & Co · Disputes and arbitration
Enforcing a Foreign Judgment in Bangladesh
A foreign judgment for money can be recovered in Bangladesh in one of two ways: direct execution under section 44A of the Code of Civil Procedure if the court is in a Gazette-notified reciprocating territory, or a fresh suit on the judgment for every other country. This guide explains both routes, the defences, deadlines and practical steps in Chattogram.
Key pointVery few countries have been notified as reciprocating territories, so most foreign judgments need a fresh suit, which must be filed within six years of the judgment. Confirm the Gazette position first and diarise that date immediately.
At a glance
Two routes only
Decrees of superior courts in Gazette-notified reciprocating territories are executed under section 44A; all other foreign judgments need a fresh suit in Bangladesh.
Six defences decide it
Section 13 lets the debtor resist on jurisdiction, merits, international law, natural justice, fraud or breach of Bangladeshi law, but not by reopening the facts.
Presumption helps creditors
Under section 14 a certified copy raises a presumption that the foreign court was competent, though the debtor can rebut it by proving lack of jurisdiction.
Six-year suit deadline
Article 117 of the Limitation Act 1908 allows six years from the date of the foreign judgment to bring a suit upon it.
Remittance needs planning
Money recovered in Chattogram is converted and sent abroad through an authorised dealer bank under Bangladesh Bank foreign exchange rules.
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The short answer: can a foreign court judgment be enforced here?
You probably hold a money judgment from a court in London, Dubai, Singapore or elsewhere against a person or company with assets in Bangladesh, and want to know whether that foreign judgment can be enforced here. The answer is yes, but there is no single procedure. Bangladeshi law offers two very different routes, and which one applies depends on the country whose court gave the judgment.
Where the judgment comes from a superior court of a country the Government has declared a "reciprocating territory", the Code of Civil Procedure 1908 lets you file a certified copy in a District Court and execute it as if it were a local decree. For every other country, the judgment cannot be executed directly. You must bring a fresh suit in Bangladesh on the judgment, using it as evidence, and then execute the decree that suit produces.
This guide explains both routes, the defences a judgment debtor in Chattogram is likely to raise, the deadlines, and the practical steps that decide whether money is actually recovered. If assets are at risk now, speak to our Chattogram law firm before the debtor learns that enforcement is coming.
The legal framework: sections 13, 14 and 44A of the Code
Three provisions of the Code of Civil Procedure 1908 do most of the work. They have been part of Bangladeshi procedure for decades and apply equally in Chattogram, Dhaka and every other district.
Section 13: when a foreign judgment is conclusive
Section 13 makes a foreign judgment conclusive on any matter it directly decided between the same parties, or parties claiming under them, except in six situations. The judgment is not conclusive where it was not pronounced by a court of competent jurisdiction; where it was not given on the merits; where it appears on the face of the proceedings to rest on an incorrect view of international law; where the proceedings were opposed to natural justice; where it was obtained by fraud; or where it sustains a claim founded on a breach of a law in force in Bangladesh.
These six exceptions are the whole battlefield. Whichever route you use, the debtor will try to fit the judgment into one of them, and the Bangladeshi court will not otherwise reopen the merits.
Section 14: the presumption of competence
Section 14 helps the creditor. On production of a document purporting to be a certified copy of a foreign judgment, the court presumes that the judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record. The debtor can displace that presumption by proving want of jurisdiction, so the creditor should still be ready to show why the foreign court had jurisdiction over the debtor.
Section 44A: direct execution for reciprocating territories
Section 44A allows a certified copy of a decree of a superior court of a reciprocating territory to be filed in a District Court, after which the decree may be executed in Bangladesh as if the District Court had passed it. The copy must be filed with a certificate from the superior court stating the extent, if any, to which the decree has been satisfied or adjusted; that certificate is conclusive proof of satisfaction or adjustment.
Section 44A also imports the section 13 exceptions: the District Court must refuse execution if the decree falls within any of them. A "reciprocating territory" is a country or territory the Government has declared as such by notification in the official Gazette. Very few countries have ever been notified, and practitioners do not agree on a reliable published list, so the first task in any file is to check the Gazette position for the country concerned rather than assume it.
Before spending money on a section 44A application, obtain written confirmation of the Gazette notification covering the country and the specific court. If the notification cannot be found, plan for a fresh suit from the start; a failed execution application costs time that the limitation clock does not give back.
Two routes compared: direct execution or a fresh suit
The difference between the routes is not academic. Direct execution skips the trial; a fresh suit is a full civil action in which the judgment is strong evidence but the debtor can contest it within the section 13 exceptions.
| Issue | Section 44A execution | Suit on the foreign judgment |
|---|---|---|
| When available | Decree of a superior court of a Gazette-notified reciprocating territory | Any other foreign judgment, including lower courts of notified countries |
| Where filed | District Court with jurisdiction over the debtor or its assets | Civil court with territorial and pecuniary jurisdiction, such as the courts at the Chattogram district court complex |
| Documents | Certified copy of the decree and the superior court certificate of satisfaction | Plaint, certified copy of the judgment and supporting evidence of jurisdiction and service |
| Debtor defences | Section 13 exceptions, raised in execution | Section 13 exceptions plus ordinary defences to the suit |
| Outcome | Execution as if a local decree | A Bangladeshi decree, then a separate execution case |
| Speed | Faster in principle; no trial on the claim | Slower; follows ordinary civil procedure and appeals |
Commentators note that a suit on a judgment from a non-reciprocating country is often handled summarily in practice, because the judgment is admissible as a public document under the Evidence Act 1872. That does not remove the right of appeal, and creditors should budget for a contested process in Chattogram.
Where the underlying dispute arose from an arbitration rather than a court case, the route is different again: a foreign arbitral award is enforced under the Arbitration Act 2001, not under the Code. Our guide on how to enforce a foreign arbitral award explains that procedure, which is usually more favourable to the creditor.
Step by step: enforcing a foreign judgment in Bangladesh
The sequence below reflects how a Chattogram matter typically runs. Steps one to four are the same for both routes; the rest depends on whether section 44A applies.
- Confirm finality and the route. Check that the judgment is final on the merits, whether an appeal is pending abroad, and whether the country and court fall within a Gazette notification under section 44A.
- Collect the record. Obtain certified copies of the judgment and decree, proof of service of the foreign proceedings on the debtor, and, for section 44A, the superior court certificate of satisfaction or adjustment.
- Authenticate and translate. Have the documents authenticated in the form Bangladeshi courts accept and prepare certified English or Bengali translations of anything in another language.
- Trace assets. Search land records, company records at the RJSC, bank relationships and receivables in Chattogram so that the first filing can name the assets you want to attach.
- File. Either apply to the District Court for execution under section 44A, or file a suit on the foreign judgment in the competent civil court, with an application for attachment before judgment if assets are being moved.
- Meet the objections. Answer the debtor's section 13 objections with evidence of jurisdiction, proper service and a decision on the merits.
- Execute. Seek attachment and sale of property, garnishee orders over debts owed to the debtor, or other execution measures available under the Code.
- Remit the proceeds. Arrange conversion and remittance abroad through an authorised dealer bank in line with Bangladesh Bank foreign exchange rules.
Execution is its own discipline in Bangladesh. Our guide on how to execute a decree covers attachment, auction and the debtor's objections in more detail, and a decree execution lawyer in Chittagong can run the execution case alongside the asset search.
Time limits that can end the claim
Deadlines run while creditors deliberate. Under Article 117 of the First Schedule to the Limitation Act 1908, a suit upon a foreign judgment must be brought within six years from the date of the judgment, as the Mondaq comparative guide on Bangladesh also records. A creditor who waits for the debtor to "come back to the table" can lose the suit route entirely.
Execution applications have their own periods under the Code and the Limitation Act, which differ according to the type of application. Count every deadline from the record, not from memory, and use our overview of limitation periods in Bangladesh as a starting point. Anyone treating enforcement as a later problem should diarise the six-year date on the day the judgment is given.
An illustrative scenario
This scenario is illustrative only and does not describe any real client or case. A trading company in Singapore obtains a money judgment in the Singapore courts against a Chattogram importer for unpaid shipments. The importer took part in the Singapore proceedings, lost on the merits and did not appeal. Its only significant assets are a warehouse near the port and receivables from local buyers.
The Singapore company first checks whether Singapore is a Gazette-notified reciprocating territory for section 44A purposes. Assume it cannot confirm a notification. It therefore files a suit in Chattogram on the judgment, attaching certified copies, proof that the importer was served and participated, and an application for attachment before judgment over the warehouse, supported by evidence that the importer has been marketing it for sale.
The importer argues that the judgment is opposed to natural justice because a hearing was held in its absence. Because the record shows that it was served and filed a defence, the argument struggles under section 13. A decree follows, and the creditor executes against the warehouse and garnishes buyer receivables. The point of the scenario is that the enforcement was won by the evidence of service and participation assembled at the start, not by argument at the end.
The foreign judgment is strongest in Bangladesh when the record shows the debtor was properly served and fought the case on the merits.
Risks and common mistakes
Assuming the country is a reciprocating territory
Creditors often assume that because two countries share a legal tradition, direct execution under section 44A must be available. It is available only for decrees of superior courts of territories the Government has notified in the Gazette. Filing an execution application on that assumption invites an objection that can take months to resolve, while the six-year limitation period for a suit on the judgment keeps running.
If the notification cannot be confirmed, file the suit and keep the section 44A argument in reserve.
Weak evidence of service and jurisdiction
The most common section 13 objections are that the foreign court lacked jurisdiction over the debtor and that the proceedings were opposed to natural justice because the debtor was not properly served. Default judgments are especially vulnerable, because the court cannot see that the debtor had a fair opportunity to defend.
Obtain the foreign court's record of service, any acknowledgment by the debtor, and evidence of any appearance or submission to the jurisdiction. These documents usually decide the case.
Ignoring assets until after the decree
A Chattogram debtor who learns of enforcement may transfer land to relatives, encumber property with a bank or move receivables. Once that happens, even a perfect decree recovers little. Attachment before judgment is available in a suit where the creditor can show the debtor is disposing of property to obstruct a decree.
Run the asset search before filing, and ask for interim protection in the first application rather than later.
Judgments the Bangladeshi court will not enforce
Section 13 excludes judgments that sustain a claim founded on a breach of Bangladeshi law. Claims that depend on transactions Bangladeshi foreign exchange or other regulatory law prohibits can be refused, and courts can also decline enforcement on public policy grounds. Judgments for taxes, fines or penalties raise separate problems.
Have the underlying transaction reviewed under Bangladeshi law before deciding whether enforcement here is worth the cost.
Forgetting the remittance step
Recovering taka in Chattogram is not the same as receiving money in London or Dubai. Conversion and outward remittance go through an authorised dealer bank and must fit Bangladesh Bank rules, which can require supporting documents from the court record.
Plan the remittance documentation alongside the execution case so that funds are not stuck in a local account after recovery.
The cross-border angle for foreign creditors and NRBs
Most creditors trying to enforce a foreign judgment in Bangladesh are abroad: suppliers in Singapore, China or the Gulf, lenders in London, or non-resident Bangladeshis who won a judgment against a former business partner. They need a team in Chattogram that can file and appear in the local courts, and a team abroad that can obtain the right certified documents from the original court.
TRW & Co's offices in Dhaka, Chattogram, Singapore, London and Dubai let us coordinate both sides. If you cannot travel, our guide on running a court case from abroad explains powers of attorney, authentication and how evidence is given. Where the judgment debtor is a company trading through the port, our commercial litigation team in Chattogram can combine the enforcement with other recovery tools.
Checklist: your next steps
- Diarise the six-year limitation date for a suit on the judgment.
- Confirm in writing whether the country and court are covered by a section 44A Gazette notification.
- Order certified copies of the judgment, decree, proof of service and, for section 44A, the satisfaction certificate.
- Arrange authentication and translation of all foreign documents.
- Commission an asset search in Chattogram covering land, company records, bank relationships and receivables.
- Decide whether interim protection is needed in the first filing.
- Plan the remittance route for any recovery with an authorised dealer bank.
An early review of the judgment, the record and the debtor's assets usually shows quickly whether enforcement in Bangladesh makes commercial sense, or whether to settle or pursue the debtor elsewhere. To discuss a judgment, contact TRW & Co at Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000, by email at info@trw.co or by phone on +880 1779 127165. Higher appeals are heard in the Supreme Court of Bangladesh, and we act there too.
Frequently asked questions
01Can a UK or Singapore judgment be enforced directly in Bangladesh?
Only if the country and the court fall within a Gazette notification declaring a reciprocating territory under section 44A of the Code of Civil Procedure, and the decree comes from a superior court. Few countries have been notified, and published lists are unreliable, so check the Gazette position for the specific country before filing. If direct execution is not available, the creditor files a suit in Bangladesh on the foreign judgment and executes the resulting decree.
02How long do I have to sue on a foreign judgment in Bangladesh?
Article 117 of the First Schedule to the Limitation Act 1908 gives six years from the date of the foreign judgment for a suit upon it. Execution applications under section 44A have their own time limits under the Code and the Limitation Act. Because delay can extinguish the suit route, creditors should record the six-year date as soon as the judgment is given and take advice well before it.
03Will a Bangladeshi court re-examine the merits of the foreign case?
Generally no. Under section 13 of the Code a foreign judgment is conclusive on the matters it directly decided, subject to six exceptions: lack of competent jurisdiction, no decision on the merits, an incorrect view of international law, proceedings opposed to natural justice, fraud, and a claim founded on a breach of Bangladeshi law. The debtor must bring its objection within those exceptions; it cannot simply reargue the facts.
04Is a default judgment harder to enforce?
It can be. A default judgment may be challenged as not given on the merits or as opposed to natural justice if the debtor was not properly served. Creditors should obtain the foreign court's full record of service and any evidence that the debtor knew of the proceedings. Where the debtor appeared and defended, these objections are much weaker.
05Which court in Chattogram handles a foreign judgment?
A section 44A execution application is filed in the District Court with jurisdiction over the debtor or its property, which for Chattogram debtors means the district court complex in the city. A suit on a foreign judgment is filed in the civil court with the right territorial and pecuniary jurisdiction. Appeals and some applications go to the High Court Division, which currently sits in Dhaka.
06Is enforcing a foreign arbitral award the same process?
No. Foreign arbitral awards are enforced under the Arbitration Act 2001 by application to the District Judge, with a separate and narrower list of refusal grounds. If your contract had an arbitration clause and you hold an award rather than a court judgment, follow that route instead. It is often faster and more predictable than suing on a foreign court judgment.
Sources and official materials
- Code of Civil Procedure 1908 (Bangladesh Laws) — Sections 13, 14 and 44A on foreign judgments and execution
- Limitation Act 1908 (Ministry of Land, Bhumipedia) — Official text of the Limitation Act, including the First Schedule periods
- Evidence Act 1872 (Bangladesh Laws) — Proof of foreign judicial records as public documents
- Enforcement of Foreign Judgments: Bangladesh (Mondaq comparative guide) — Practitioner overview including Article 117 and court practice
- Supreme Court of Bangladesh — High Court Division and Appellate Division judgments and cause lists
- Bangladesh Bank — Foreign exchange rules for remitting recoveries abroad
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
