Foreign Judgment Recognition in Sri Lanka

The Reciprocal Recognition, Registration, and Enforcement of Foreign Judgments Act, No. 49 of 2024 (hereinafter referred to as “the REFJA”)¹ was certified by the Speaker on 13^th September 2024 and was brought into force by Part II of the Gazette dated 20^th September 2024. Subsequently, by virtue of Gazette Extraordinary No. 2429/51², the REFJA officially came into operation on 26^th March 2025. With the enactment of the REFJA, the earlier legislative instruments governing the recognition and enforcement of foreign judgments in Sri Lanka namely, the Enforcement of Foreign Judgments Ordinance³ and the Reciprocal Enforcement of Judgments Ordinance⁴ have been repealed⁵.

The REFJA is structured into three distinct parts. The first part deals with the application of this Act, the second part deals with recognition of a foreign judgment and the recognition of foreign judgments relating to the dissolution, annulment, or legal separation of parties to a marriage in Sri Lanka. The third part deals with general provisions such as jurisdictions of courts. Applications to recognize and register foreign judgments for divorce, annulment, or separation can be made to the District Court of Colombo or the District Court where either party resides. This is different from other foreign judgments (such as monetary judgments), which are generally made to the District Court of Colombo or a court designated by the relevant Minister by Order published in the Gazette.⁶

Salient features of the REFJA:

• Section 2(1) of the Act empowers the Minister of Justice, by order published in the Gazette, to declare the list of countries whose judgments shall be reciprocally recognized, registered, and enforced under the provisions of this Act. By the above-mentioned Gazette Extraordinary No. 2429/51, the Minister of Justice and National Integration, recently issued an order listing 53 countries to which reciprocity under the Act shall apply, as outlined in the schedule.
  
  
• The recent list reflects an expansion from that of the previous regime and includes a diverse range of jurisdictions. The new inclusion on the list includes, inter alia, countries such as Antigua and Barbuda, Canada, South Africa, India, and Pakistan, thereby broadening the scope of foreign judgments that may be recognized and enforced under Sri Lankan law.
  
  
• Section 3(1) of the REFJA provides that the provisions of the Act shall apply only to judgments that are final and conclusive as between the parties, delivered by a court of a foreign country as specified in Section 2.
• Section 4(a) grants a 10-year validity period for enforcement applications. However, if the applicant provides satisfactory reasons for the delay then an enforcement application beyond 10 years from the date of final judgment can be entertained.
  
  
• The Act introduces an efficient summary procedure in accordance with provisions of Chapter XXIV of Part II of the Civil Procedure Code.
  
  
• Section 6 contains specialized provisions for the enforcement of foreign divorce judgments for the dissolution or annulment or separation of the parties to a marriage in Sri Lanka. If the foreign judgment was given inter parte (between the parties), the court shall pronounce a declaration recognizing such judgments in Sri Lanka vice versa if the judgment was obtained ex parte (without the other party participating), the court shall issue a notice to the other party to the marriage.
  
  
• Section 10 states that a true copy of the declaration certified by the Registrar must be sent to the Registrar General for the purposes of the Marriage Registration Ordinance (Chapter 112) as soon as the court issues a declaration in the case of a foreign judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage after recognizing such judgment in Sri Lanka.
  
  
• Section 11(1)(a) to (e) states that the Registering Court will invalidate the registration of the judgment for the following reasons: the judgment was registered in violation of Section 5(1); the judgment debtor was not given enough notice to defend the proceedings; the registered judgment was obtained through fraud; the applicant did not derive any right, interest, benefit, title, status, or entitlement under the original court’s judgment; or the original court reserved or set aside the judgment in appeal under the original court’s national law. In addition, Section 11(3) provides that section 389 of the Civil Procedure Code shall apply in respect to setting aside the registration of judgment under this act.
  
  
• Section 12(1) states that, with the exception of judgments for the dissolution or annulment of marriages or the separation of parties to a marriage, no one may appeal against an order made under these provisions with regard to an application made for the recognition, registration, and enforcement of a foreign judgment.
  
  
• Section 12(2) A party may appeal to the appropriate High Court, which is established by Article 154P of the Constitution, if they are not satisfied with any recognition granted or order issued by the registering court regarding a judgment for the dissolution or annulment of a marriage or the separation of the parties to a marriage.