News
Bill to enforce foreign judgments
View(s):By Damith Wickramasekara
A new “Registration and Enforcement of Foreign Judgments Bill” that would enable the registration and enforcement in Sri Lanka of rulings given by courts in other countries is to be submitted to Parliament in the coming weeks, Justice Minister Wijeyadasa Rajapakshe said. Once the new law comes into effect, it will repeal the existing Enforcement of Foreign Judgments Ordinance and the Reciprocal Enforcement of Judgments Ordinance.
The Registration and Enforcement of Foreign Judgments Bill will bring in stronger legal provisions to enforce in Sri Lanka, judgments given by foreign courts, Minister Rajapakshe said. He added that existing legislation was weak when it came to enforcing judgments of foreign courts. For example, if a foreign court makes a ruling in relation to properties in Sri Lanka, there are no provisions to implement it.
The Reciprocal Enforcement of Judgments Ordinance is currently in force, but it only applies to superior courts in the UK and Commonwealth nations. “We are looking to register judgments given by courts overseas and enforce them in the country. This bill is being brought to do that,” said Mr. Rajapakshe.
He said the Justice Ministry hoped to submit the bill to Parliament either in the final week of December or the first week of January.
In terms of the bill, an applicant may make an application to the registering court for registration and enforcement of a foreign judgment within three years from the date of the final judgment along with a certificate issued by the relevant authority of the original court authenticating such judgment.
Once a judgment is registered in terms of the new law, the registered judgment shall be deemed to have the same force and effect and the same control over the execution of such judgment as if it had been a judgment originally given in the registering court and entered on the date of registration.
Any interest, in addition to the sum payable under such judgment, may be recoverable at the legal rate applicable in Sri Lanka as per the registered judgment from the date of the judgment’s registration.
Only foreign judgments that are registered in terms of the bill can be enforceable here. The District Court of Colombo or any other court as may be designated by the Minister by Order published in the Gazette shall have jurisdiction in respect of the registration and enforcement of foreign judgments.
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