Indian businesses trade, borrow and invest abroad, and foreign businesses and individuals hold assets, enter contracts and have family in India. When a dispute crosses the border, the questions are practical: where to bring proceedings, which law applies, how to secure assets in time, and how a judgment or award obtained in one country can be made effective in another.
Our cross-border dispute lawyers advise and act for Indian and foreign clients, and work with their counsel overseas, on the Indian side of cross-border disputes. The work draws on the firm’s arbitration and Supreme Court practices.
What the practice covers
- Enforcement of foreign decrees in India, by execution under Section 44A or by suit on the judgment
- Enforcement of foreign arbitral awards under Part II of the Arbitration and Conciliation Act, 1996
- Opinions and expert evidence on Indian law for foreign courts and tribunals
- Tracing and recovery of assets in India, in coordination with counsel in other jurisdictions
- Cross-border estates (see Estate Planning, Trusts and Probate)
Common questions
Can a foreign court decree be enforced in India?
Yes, by one of two routes. A decree of a superior court of a “reciprocating territory” notified by the Central Government under Section 44A of the Code of Civil Procedure, 1908, such as the United Kingdom, Singapore, the United Arab Emirates, Hong Kong, Malaysia and New Zealand, can be executed in India as if it were an Indian decree, by filing a certified copy in the District Court. A judgment from any other country, including the United States, cannot be executed directly: the judgment creditor files a suit in India on the foreign judgment, ordinarily within three years of its date. In either case the judgment may be resisted on the grounds in Section 13 of the Code, such as want of jurisdiction, a judgment not given on the merits, a breach of natural justice, or fraud.
Can an Indian court grant interim relief in support of an arbitration seated outside India?
Yes. Since 2015, Section 9 of the Arbitration and Conciliation Act, 1996 is available in an international commercial arbitration seated outside India, unless the parties have agreed otherwise, so that assets in India can be protected while the foreign arbitration proceeds.
How long does a judgment creditor have to sue in India on a foreign judgment?
Ordinarily three years from the date of the foreign judgment, under Article 101 of the Limitation Act, 1963.
How are Indian documents authenticated for use abroad?
India is a party to the Hague Apostille Convention. Indian public documents for use in another member country are apostilled by the Ministry of External Affairs after authentication by the designated State or Union Territory authority. Countries that are not parties to the Convention may require consular legalisation instead.