How to Enforce Foreign Law in Bangladesh Courts 2026: Proof, Judgments and Awards

How to enforce foreign law Bangladesh courts will apply in 2026

Anyone who needs to enforce foreign law Bangladesh courts will apply must start from one rule: a Bangladeshi judge takes judicial notice of Bangladeshi law, not of anyone else's. Section 57 of the Evidence Act 1872 lists "All Bangladesh Laws" among the facts the court must notice, and nothing in that section extends to foreign statutes or case law.[1] English, Indian, Singapore or New York law governing a contract therefore enters a Bangladeshi courtroom as a matter to be proved with evidence.

This guide covers the cross-border toolkit in one place: how foreign law is proved, how far a choice-of-law clause survives public policy and mandatory rules on foreign exchange, labour and land, how foreign judgments are recognised under sections 13, 14 and 44A of the Code of Civil Procedure, where foreign arbitral awards fit, how foreign divorce and custody orders are treated, how documents are authenticated under the Apostille Convention, and how process is served abroad. Where a TRW guide already covers a sub-topic in depth, we link to it rather than repeat it.

Summary: Foreign law is a question of fact in Bangladesh, proved by expert opinion under section 45 of the Evidence Act and by official texts and law reports under sections 38 and 84. A foreign judgment is conclusive only if it passes the six tests in section 13 of the Code of Civil Procedure; money decrees of superior courts in gazette-notified reciprocating territories can be executed directly under section 44A, while every other foreign judgment must be sued upon within six years of its date. Foreign awards follow the separate route in the Arbitration Act 2001.

Key point: A choice of foreign law is respected, but it does not switch off Bangladeshi law. Section 21 of the Foreign Exchange Regulation Act 1947 limits enforcement of a judgment for a payment requiring permission to the amount permitted, section 13(f) of the Code denies conclusiveness to a foreign judgment that sustains a claim founded on breach of Bangladeshi law, and suits over land in Bangladesh belong to the court where the land lies.

At a glance

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Table of Contents

Foreign law in a Bangladeshi court: a question of fact

Under section 56 of the Evidence Act, facts of which the court takes judicial notice need not be proved. Section 57 lists those facts, beginning with "All Bangladesh Laws".[1] Foreign law is not on the list. The court may consult books of reference on matters it does notice, but that power does not convert a foreign statute into Bangladeshi law.[1] The content of foreign law therefore becomes evidence. A pleading that says "the contract is governed by English law" without stating what English law provides on the point in dispute gives the court nothing to apply.

Who carries the burden

The burden falls on the party whose case depends on the foreign rule. A claimant relying on a Singapore rule on limitation of liability must prove it; a defendant who says a foreign judgment was given without jurisdiction under its own law must prove that. A party that fails to prove foreign law does not automatically lose, but it hands the court only Bangladeshi law to work with. If the foreign rule is more favourable, that is a self-inflicted wound. Treat proof of foreign law as a work-stream with its own budget, timetable and witness.

Experts and law books: proof to enforce foreign law Bangladesh courts accept

The Evidence Act offers three routes, and the strongest cases use them together: the expert explains, the official text establishes the wording, and the law report shows how the foreign courts apply it.

Expert opinion under section 45

Section 45 makes relevant the opinions of persons specially skilled in foreign law when the court has to form an opinion "upon a point of foreign law".[1] Legal 500's Bangladesh litigation guide records three working rules: expert evidence is secured through an order of the court rather than voluntarily by a party; it is persuasive, not binding; and it must be given in court, subject to examination and cross-examination, so a written report alone is generally not enough.[8]

That last point changes the logistics. A foreign lawyer who signs an opinion but will not attend may leave the party with no usable evidence of foreign law. Confirm the expert's availability before relying on the opinion, and apply for the order early so the hearing is fixed around the witness.

Statutes and law reports under sections 38 and 84

Section 38 makes relevant a statement of foreign law in a book published under the authority of the foreign government, and a report of a ruling of that country's courts in a book of such reports.[1] Section 84 presumes the genuineness of every book purporting to be published under the authority of a foreign government and to contain its laws, and of every book purporting to contain reports of its courts' decisions.[1] These provisions put the actual text before the court without a witness to prove provenance. They do not explain how the rules interact, which is why the expert remains essential where the foreign law is contested.

Building a record to enforce foreign law Bangladesh judges can rely on

• Isolate the question: identify the precise foreign rule that matters, not the foreign law of contract in general.
• Produce official texts: file statutes in government-authorised editions and judgments from recognised reports, so section 84 applies.[1]
• Choose a witness who can be cross-examined: a report alone is generally not enough.[8]
• Translate and anticipate: provide reliable translations, and deal with the other side's reading in the expert's evidence in chief.

Foreign documents, judicial records and the Apostille Convention

Most cross-border cases depend on foreign documents as much as foreign law. Section 74 treats records of the acts of foreign sovereign authorities, official bodies, tribunals and public officers as public documents.[1]

Foreign public documents: section 78(6)

A public document of a foreign country may be proved by the original, or by a copy certified by its legal keeper with a certificate under the seal of a notary public or of a Bangladesh consul or diplomatic agent that the copy is duly certified. The party must also prove the character of the document according to the foreign law.[1] That last requirement is often missed: a certified extract of a foreign company register proves little unless someone explains what the register is and what an entry means under the foreign law.

Foreign judicial records: sections 14 and 86

Section 86 allows the court to presume that a certified copy of a foreign judicial record is genuine and accurate if it is certified in the manner which a representative of the Government in or for that country certifies to be commonly in use there.[1] Section 14 of the Code adds that, on production of a certified copy of a foreign judgment, the court presumes it was pronounced by a court of competent jurisdiction unless the contrary appears on the record, although proof of want of jurisdiction displaces the presumption.[2]

Apostille since 30 March 2025

Bangladesh acceded to the Hague Apostille Convention on 29 July 2024, and the Convention entered into force for it on 30 March 2025.[11] The Ministry of Foreign Affairs runs an e-Apostille service through the MyGov platform, launched on the same day, and reported on 15 September 2026 that more than 2.9 million apostille certificates had been issued.[12]

The Convention does not operate with every state. Under Article 12, an accession takes effect only with contracting states that do not object. The HCCH status table records objections by twelve states: Germany, the Czech Republic, Austria, Belgium, Finland, the Netherlands, Estonia, Greece, France, Denmark, Argentina and Lithuania, with no withdrawals recorded.[11] Documents passing between Bangladesh and those states still need legalisation.

Where an apostille is not enough

Some statutes impose their own formalities. Powers of attorney executed abroad still require Ministry of Foreign Affairs authentication and stamping within fixed periods, and our guide to the power of attorney in Bangladesh explains how a defective power can make an attorney's evidence inadmissible.

Choice-of-law clauses and their limits

Bangladesh has no codified conflict-of-laws statute for contracts. Legal 500 notes that the courts take into account the jurisdiction and governing law clauses in the contract and, where there is a foreign element, may rely on the principles of private international law.[8] In arbitration, Chambers records that the courts give effect to the parties' choice of law for the arbitration agreement.[9] Party autonomy is the starting point; the limits that matter when parties try to enforce foreign law Bangladesh-side come from statute.

Illegality and public policy

Section 23 of the Contract Act 1872 makes an agreement void where its consideration or object is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to the person or property of another, or is regarded by the court as immoral or opposed to public policy.[5] A foreign governing law clause does not shelter a transaction whose performance in Bangladesh is unlawful here. Where a contract is to be performed in Bangladesh, assume the court will test it against section 23 whatever law the parties chose.

Jurisdiction clauses and section 28

Section 28 makes void, to that extent, any agreement that absolutely restricts a party from enforcing its rights through the ordinary tribunals or limits the time to do so, saving agreements to refer disputes to arbitration.[5] A foreign court clause is therefore a factor the court weighs, not an automatic bar to a suit here. If the parties want certainty that disputes will leave Bangladesh, a foreign-seated arbitration does that job far better.

Foreign exchange: section 21 of FERA

Section 5 of the Foreign Exchange Regulation Act 1947 prohibits a person in or resident in Bangladesh from making any payment to or for the credit of a non-resident without permission. Section 21(1) prohibits contracts that evade the Act, and section 21(2) implies into every contract governed by Bangladeshi law a term that an act requiring permission will not be performed without it.[6]

Section 21(3) is decisive at the enforcement stage. A suit to recover a sum due is not barred, but a judgment for a payment requiring permission may be enforced only to the extent the Government or Bangladesh Bank permits.[6] A foreign creditor that wins here, or registers a foreign decree, still needs the remittance permitted. Our guide to foreign exchange regulations in Bangladesh covers the permission framework.

Employment and land

An employment contract governed by foreign law does not take a worker in a Bangladeshi establishment outside the Bangladesh Labour Act 2006, as amended; statutory rights on termination, compensation and trade unions apply by force of the statute. Title to land is governed by Bangladeshi law, and section 16 of the Code requires suits for recovery or partition of immovable property, or determination of any right in it, to be filed where the property is situated.[2] A foreign court may make orders against a person, but registration, mutation and possession of Bangladeshi land follow Bangladeshi procedure.

Foreign judgments: sections 13, 14 and 44A

The Code defines a "foreign Court" as a court outside Bangladesh not established or continued by the Government, and a "foreign judgment" as the judgment of such a court.[2] Every foreign judgment, whatever the route to enforcement, must first pass section 13. This is the stage at which most attempts to enforce foreign law Bangladesh-side, through a judgment obtained abroad, succeed or fail.

The six exceptions in section 13

A foreign judgment is conclusive on any matter it directly adjudicated between the same parties, or those litigating under the same title, except where:[2]

• (a) it was not pronounced by a court of competent jurisdiction;
• (b) it was not given on the merits of the case;
• (c) it appears on its face to be founded on an incorrect view of international law, or a refusal to recognise Bangladeshi law where applicable;
• (d) the proceedings were opposed to natural justice;
• (e) it was obtained by fraud; or
• (f) it sustains a claim founded on a breach of any law in force in Bangladesh.

Clause (b) catches default judgments entered without consideration of the evidence, so a creditor that intends to enforce here should prove its claim even where the defendant does not appear. Clause (a) is judged by Bangladeshi standards: a defendant that never submitted to the foreign court and was not present there has a strong objection. Clause (f) is where FERA, labour and land issues return.

Direct execution: section 44A

Section 44A allows a certified copy of a decree of a superior court of a reciprocating territory to be filed in a District Court and executed as if that court had passed it. The copy must be filed with a certificate from the superior court stating how far the decree has been satisfied, which is conclusive on that point. The District Court must refuse execution if the decree falls within any section 13 exception.[2]

A "reciprocating territory" is one the Government declares by gazette notification, and its "superior Courts" are those named in it. A "decree" means one under which a sum of money is payable, excluding taxes, fines and penalties, and never includes an arbitration award.[2] Injunctions, declarations and specific performance orders fall outside section 44A.

Which territories are notified

We could not verify a current, consolidated official list. The section's heading on the Laws of Bangladesh site refers to decrees of "Courts in the United Kingdom and other reciprocating territory".[2] Legal 500 confirms that territories are declared by gazette but names none, and states that a foreign judgment cannot be enforced as such without a reciprocating arrangement.[8] Before filing under section 44A, obtain the gazette notification covering the specific country and court. If none can be found, use the suit route.

The suit on a foreign judgment

A judgment from any other country is enforced by a fresh suit in which the foreign judgment founds the claim; Legal 500 describes it as usable as a public document or as evidence of debt.[8] If the judgment passes section 13, it is conclusive on the matters decided and the merits are not retried. Under article 117 of the Limitation Act 1908, the suit must be filed within six years from the date of the judgment.[4]

The resulting decree is executed like any other. Article 182 allows three years for execution of a civil court decree, or six where a certified copy has been registered.[4] Treat that as the clock for a section 44A decree too: in February 2026 the High Court Division refused to extend time in an analogous execution of a foreign award.[10] Our guide to the execution case in Bangladesh covers attachment, sale and arrest.

The table below compares the routes. On a phone, scroll it sideways.

Foreign arbitral awards: a separate code

Foreign awards do not pass through sections 13 or 44A. Bangladesh acceded to the New York Convention on 6 May 1992, and section 45 of the Arbitration Act 2001 provides for a foreign award to be enforced by execution by the District Court, Dhaka, on an application with the award, the arbitration agreement and evidence that the award is foreign; section 46 lists the closed grounds for refusal.[9]

Time is the trap. On 26 February 2026, in Jess Smith & Sons Cotton LLC v Patriot Spinning Mills Ltd, the High Court Division held that execution of a foreign award must be sought within three years of the award under article 182, that section 5 of the Limitation Act does not apply, and that a delay of 3,155 days after a Liverpool award was fatal.[10] Our analysis of foreign arbitral award enforcement in Bangladesh covers documents, defences and asset recovery, and our overview of arbitration law in Bangladesh explains the domestic framework.

The contrast drives contract drafting. An English court judgment is executable directly only if a gazette notification covers it, and is otherwise a six-year suit; a New York Convention award has one statutory route to one court with closed defences.[4] [9] For a foreign party, a foreign-seated arbitration clause is usually the more reliable way to enforce foreign law Bangladesh counterparties have agreed to.

Foreign divorce and custody orders

Family orders made abroad raise the same section 13 questions as commercial judgments, with an added layer of personal law: jurisdiction of the foreign court, a fair opportunity to be heard, and consistency with the mandatory statutes that apply to Bangladeshi citizens.[2]

Divorce and the Muslim Family Laws Ordinance

The Muslim Family Laws Ordinance 1961 applies to all Muslim citizens of Bangladesh "wherever they may be".[7] Section 7 requires a husband who pronounces talaq to give the Chairman written notice, with a copy to the wife; the talaq takes effect ninety days after the Chairman receives notice, and an Arbitration Council must be constituted within thirty days to attempt reconciliation. Section 8 applies the procedure to dissolution otherwise than by talaq.[7]

Bangladeshi Muslim citizens divorcing abroad should therefore complete the section 7 procedure here as well as obtaining any foreign decree. A foreign decree alone invites dispute when a registrar, a succession court or the other family later asks whether the marriage ended. Our guide to the divorce procedure in Bangladesh covers the domestic steps.

Custody: welfare decides, not the foreign order

Bangladesh is not a contracting state to the 1980 Hague Child Abduction Convention, so there is no treaty mechanism for the summary return of a child.[14] In the leading recent dispute, a father brought two daughters from Japan to Bangladesh in February 2021; the Tokyo Family Court ruled for the mother on 31 May 2021, but the Bangladeshi proceedings ran their own course through habeas corpus, the Appellate Division and the Family Court.[14]

On 13 February 2024 the High Court Division held that the jurisdiction of the Bangladeshi courts could not be ousted by the Japanese court's decision, and divided custody according to each child's wishes.[14] A foreign custody order is evidence, often persuasive, but the Bangladeshi court decides welfare itself. See our guides to child custody and guardianship and, for cross-border estates, private wealth disputes in Bangladesh.

Serving process and taking evidence abroad

Bangladesh is not a contracting party to the 1965 Hague Service Convention, although India, Pakistan and Sri Lanka are.[13] Service abroad therefore depends on Bangladeshi procedure and the receiving country's rules, not a central authority channel.

Outbound service under Order V

Where a defendant resides outside Bangladesh with no agent here empowered to accept service, Order V rule 25 provides for the summons to be sent to the defendant's residence by post or courier, and the plaintiff may also serve by fax or email at its own cost. Rule 26 allows a summons to be sent to a foreign court with power to serve it, whose endorsement is deemed evidence of service. Rule 20 allows substituted service, including by newspaper advertisement.[3] Serve in a way the defendant's home court will also accept, because most systems refuse to recognise judgments obtained without proper notice.

Inbound service and witnesses abroad

Section 29 of the Code allows summonses issued by foreign civil or revenue courts to be served by Bangladeshi courts as their own, but only for courts the Government has declared by gazette notification.[2] Order XXVI rule 5 allows a Bangladeshi court to issue a commission or letter of request to examine a witness outside Bangladesh, and rules 19 to 22 govern commissions requested by foreign tribunals.[3] A foreign-law expert who cannot attend may need to be examined this way, so plan it early.

Step by step: how to enforce foreign law Bangladesh courts will accept

Whether the task is proving a foreign rule, suing on a foreign judgment or registering a foreign decree, the order of work is broadly the same. Where the underlying claim is a commercial dispute, also check whether the Commercial Courts Act 2026 and its pre-suit mediation steps apply; our guide to contract enforcement in Bangladesh covers that procedure.

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Mistakes that undermine efforts to enforce foreign law Bangladesh-side

• Assuming judicial notice: section 57 covers Bangladeshi law only, so an unproved foreign rule is, in practice, not in the case.[1]
• Relying on a report without a witness: untested expert opinion is generally not enough.[8]
• Filing under section 44A without the gazette: confirm the notification for the specific country and court first.[2]
• Using a default judgment: a judgment not given on the merits is not conclusive under section 13(b).[2]
• Missing the six years: time for a suit on a foreign judgment runs from the date of the judgment.[4]
• Ignoring FERA: a judgment for a cross-border payment is enforceable only to the extent permitted.[6]
• Assuming the apostille works everywhere: twelve states have objected to Bangladesh's accession.[11]

Most of these problems are solved in the contract: choose a foreign-seated arbitration if enforcement here is likely, appoint an agent for service in Bangladesh, and require the Bangladeshi party to obtain any foreign exchange permission needed for payment. Our analysis of the arbitration clause in Bangladesh covers the drafting.

What to watch in 2026

Three developments will shape how parties enforce foreign law Bangladesh courts apply over the coming year. First, the reach of the Apostille Convention: State Minister for Foreign Affairs Shama Obaed Islam chaired an inter-ministerial meeting on 15 September 2026 on bringing more issuing authorities into e-Apostille and preserving acceptance of Bangladeshi documents abroad.[12] Second, whether the strict view of execution time limits in Jess Smith is applied to section 44A decrees.[10] Third, whether the Government publishes a consolidated list of reciprocating territories, which would remove the most common uncertainty in this area.

Cross-border claims are won on evidence, documents and timing more often than on argument. TRW acts for foreign and Bangladeshi parties in proving foreign law, suing on and executing foreign judgments, and recognising foreign awards and family orders. Our dispute resolution team, international arbitration practice and cross-border family team can review a foreign judgment or governing law clause before time runs, or you can contact TRW directly.

Frequently asked questions

Do Bangladeshi courts take judicial notice of foreign law?

No. Section 57 of the Evidence Act requires judicial notice of Bangladeshi laws only. Foreign law must be pleaded and proved as a fact.[1]

How do I prove and enforce foreign law Bangladesh courts do not know?

By expert opinion under section 45 of the Evidence Act, supported by official statutes and law reports under sections 38 and 84. The expert should testify in court and be available for cross-examination.[1] [8]

Will a Bangladeshi court uphold a foreign governing law clause?

As a starting point, yes, but not where the agreement is unlawful or opposed to public policy under section 23 of the Contract Act, and mandatory rules such as FERA still apply.[5] [6] [8]

Can a foreign court judgment be enforced in Bangladesh?

Yes, if it passes section 13 of the Code of Civil Procedure. A money decree of a superior court of a notified reciprocating territory can be executed under section 44A; any other foreign judgment must be sued upon.[2] [8]

Which countries are reciprocating territories?

They are declared by gazette notification, and no consolidated official list is published. Section 44A's heading refers to the United Kingdom; confirm the notification for the specific country and court before filing.[2] [8]

What is the time limit for suing on a foreign judgment?

Six years from the date of the judgment, under article 117 of the Limitation Act 1908.[4]

Is a foreign arbitral award enforced like a foreign judgment?

No. It is enforced by execution before the District Court, Dhaka, under section 45 of the Arbitration Act 2001, and the High Court Division held in 2026 that execution must be sought within three years of the award.[9] [10]

Does an apostille replace embassy legalisation?

For most contracting states since 30 March 2025, yes, but not for the twelve states that objected to Bangladesh's accession, and not where a Bangladeshi statute imposes its own authentication steps.[11]

Is a foreign divorce valid in Bangladesh?

It may be recognised if it passes section 13, but the Muslim Family Laws Ordinance applies to Muslim citizens wherever they are, so the section 7 notice procedure should also be completed.[2] [7]

Is Bangladesh a party to the Hague Service Convention?

No. Service abroad follows Order V rules 25 and 26 of the Code of Civil Procedure, including post, courier, fax, email or service through a foreign court.[3] [13]