Executing Transnational Justice - Beyond the Reciprocity Paradox

The growing expansion of globalization and cross-border commerce has made enforcement of foreign decrees increasingly important. This paper examines the legal framework under the Code of Civil Procedure, 1908. particularly Sections 13, 14, and 44A governing recognition and execution of foreign judgments in India. It analyses the reciprocity-based enforcement model and highlights key loopholes, including ambiguity in jurisdictional standards, uncertainty surrounding judgments “on merits,” broad natural justice and fraud exceptions, limitation concerns, and the restricted scope of Section 44A to money decrees.1 The study further assesses the impact of these limitations on costs, delays, investor confidence, and India’s global credibility, and proposes legislative and structural reforms to modernize and align the enforcement regime with international standards, thereby strengthening commercial certainty and judicial reliability.