Thorn in the Lion’s Paw: Révision au fond as India’s Self-Inflicted Injury in the Recognition and Enforcement of Foreign Judgments

Khanderia, Saloni ORCID: https://orcid.org/0000-0003-0510-555X (2025) Thorn in the Lion’s Paw: Révision au fond as India’s Self-Inflicted Injury in the Recognition and Enforcement of Foreign Judgments. Asian Journal of Comparative Law, 20 (2). pp. 217-240. ISSN 2194-6078

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Abstract

In an era characterised by a rise in cross-border litigation, India’s stance on the Recognition and Enforcement of Foreign Judgments (REFJ) reveals a complex contradiction. Although India’s REFJ regime appears to advocate a pro-enforcement stance, the inclusion of révision au fond – the practice of assessing foreign judgments based on their substantive merits – introduces considerable tension in the realm of cross-border dispute resolution. This paper explores the implications of India’s commitment to conducting merits review as a self-imposed obstacle to fostering international judicial collaboration. This paper elucidates how this practice not only complicates the enforcement of foreign judgments within India but also hinders the recognition of Indian judgments abroad, especially in those countries that require reciprocity for such purposes such as Japan, South Korea, Germany and China. Through a comparative analysis of national laws and multilateral instruments, this paper illustrates how India’s statutory révision au fond requirement poses reciprocal challenges for the enforcement of Indian judgments abroad, advocating a critical re-evaluation of India’s REFJ framework to conform with emerging international judicial cooperation standards.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Vol/Issue no. published date: August 2025
Depositing User: Mr. Syed Anas
Date Deposited: 10 Jun 2026 04:16
Last Modified: 10 Jun 2026 04:16
Official URL: https://doi.org/10.1017/asjcl.2026.10014
Additional Information: The author is grateful to Sanjitha Ravi and Akshath Indusekhar, students at JGLS for their briefs for some cases. All interpretations and conclusions are however the author’s own.
URI: https://pure.jgu.edu.in/id/eprint/11580

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