Enforcing a Foreign Court Judgment or Decree in Pakistan
Foreign court judgments aren't automatically enforceable in Pakistan — the route depends on whether the originating country is a notified 'reciprocating territory,' and differs sharply from enforcing a foreign arbitral award.
A foreign court judgment is not automatically enforceable in Pakistan the way a domestic decree is. Which route applies — and how long it takes — turns on a threshold question: has the country where judgment was obtained been notified as a "reciprocating territory" under Pakistani law.
The two enforcement routes: direct execution vs a fresh suit
For judgments from notified reciprocating territories, Section 44A of the Code of Civil Procedure, 1908 allows the decree-holder to file a certified copy directly for execution before the relevant Pakistani court, which then treats it much like a local decree. For judgments from countries that are not notified, there is no shortcut: the judgment-holder must file a fresh civil suit in Pakistan, using the foreign judgment as evidence of the underlying claim rather than as a directly executable instrument.
When Pakistani courts will refuse to recognise a foreign judgment
Section 13 of the CPC sets out the grounds on which a foreign judgment is not treated as conclusive — where the foreign court lacked competent jurisdiction, the case was not decided on its merits, it appears on its face to be founded on an incorrect view of international law or a refusal to recognise Pakistani law where applicable, the proceedings were opposed to natural justice, the judgment was obtained by fraud, or it sustains a claim founded on a breach of Pakistani law. Courts apply these narrowly rather than reopening the merits of the foreign case.
How this differs from enforcing a foreign arbitral award
Foreign arbitral awards follow a separate, generally faster regime under the New York Convention, discussed in our article on enforcing a foreign arbitral award in Pakistan — the grounds for refusing an award are narrower still, and the process does not depend on reciprocating-territory notification. Judgment-holders sometimes assume the two regimes work the same way; they don't, and the wrong assumption can cost months.
Practical steps for judgment-holders
Before filing, confirm whether the originating country is currently a notified reciprocating territory, have the judgment and any supporting documents properly authenticated and translated where relevant, and check the applicable limitation period — which runs from the date of the foreign judgment, not from when enforcement is eventually sought. Early advice on forum and route avoids procedural delay later.
This article is general information about Pakistani law and procedure, not legal advice for any specific matter. If this touches on something you're currently facing, get in touch and we'll advise on your facts directly.