The recognition and/or enforcement of foreign money judgments

In order to recognize and enforce a foreign money judgment in Myanmar, there is a need to notify “Reciprocating Territory” and “Superior Court” of such country by the President as provided for under section 44A of the Code of Civil Procedure (1908).

Section 44A of the Code of Civil Procedure

1. Where a certified copy of a decree of any of the Superior Courts of any Reciprocating Territory has been filed in a District Court, the decree may be executed in the Union of Myanmar as if it has been passed by the District Court.
2. Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
3. The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.

Explanation 1. “Reciprocating territory” means any country or territory, which the President may, from time to time, by notification in the Gazette, declare to be Reciprocating Territory for the purposes of this section, and “Superior Courts” with reference to any such territory, means such Courts as may be specified in the said notification.

Explanation 2. “Decree” with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not been a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in on case include an arbitration award, even if such award is enforceable as a decree or judgment.”

Section 2 of the Code of Civil Procedure

(5)  “Foreign Court” means a court situated beyond the limits of the Union of Myanmar which has no authority in the Union of Myanmar and is not established or continued by the president of the Union;

(6)  Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds pecuniary limits (if any) of its ordinary jurisdiction.

Section 13 of the Code of Civil Procedure

A foreign Judgment shall be conclusive as to any matter there by directly adjudicated upon between the same parties, or between parties under whom they or any of them claim, litigating under the same title, except—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of the Union of Myanmar in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in the Union of Myanmar.

Section 14 of the Code of Civil Procedure

The court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appear on the record, but such presumption may be displaced by proving want of jurisdiction.

Section 47 of the Code of Civil Procedure

(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

(2) The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court-fees.

(J) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

Explanation.—For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.

Limitation Act, First Schedule No 117

Limitation act defines “six years” from the date of the Judgment for the application upon a foreign judgment as defined in the Code of Civil Procedure.

Instruction letter of the Union Supreme Court (15/132/patakha(812/2020) dated March 10, 2020

Para 2

Foreign judgment or decree of Reciprocating Territory or of the Superior Court from Reciprocating Territory defined under Section 44-A of the Code of Civil Procedure, may be directly executed in the Union of Myanmar as if it has been passed by the District Court. When the President declare the Reciprocating Territory and the Superior Court from Reciprocating Territory, judgment or decree of such court may be executed in District Court under section 44-A.

Para 3

In Myanmar, currently, there has no Reciprocating Territory. In order to enforce a foreign judgment, it needs to try, based on this foreign judgment, to get a decree from Myanmar Court.

(When the President declares the Reciprocating Territory by notification in the Gazette, at first, the court needs to recognize the certified copy of foreign judgment of Superior Court from Reciprocating Territory. If the copy has been recognized, secondly, the court is to continue the process for the execution of decree.

To enforce a foreign judgment, every application for the enforcement of foreign judgment shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court. The application must be formed according to appendix A, Form No 11 of the Code of Civil Procedure.)