International trade, FEMA and arbitration lawyers in India
We act for Indian businesses dealing abroad and for foreign businesses dealing with India: on the contract, on the foreign exchange rules that sit behind it, and on the arbitration that follows when it goes wrong.
Offices in Kozhikode, Kochi and New Delhi. Meetings in person or by video call.
Book a ConsultationWhatsApp the officeThe challenge
A cross-border dispute brings two difficulties at once. The law of the contract and the seat of arbitration may be foreign, while the assets you need to reach, or protect, are in India.
Foreign exchange rules add a second layer. A payment, investment or guarantee that breaches FEMA can create exposure of its own, quite apart from the commercial dispute.
How we help
- Cross-border contractsDistribution, supply, services and technology agreements with dispute clauses that work.
- FEMA and RBI complianceForeign direct investment, overseas investment, external borrowings and the filings that go with them.
- Trade and payment disputesExport and import disputes, letters of credit and international payment failures.
- ArbitrationDomestic and international arbitration, ad hoc or under SIAC, LCIA, ICC and Indian institutions.
- Interim reliefApplications under Section 9 of the Arbitration and Conciliation Act, including for foreign-seated arbitrations.
- Enforcement in IndiaEnforcement of foreign awards and execution of foreign decrees against Indian parties and assets.
Forums and jurisdictions
Questions clients ask
Can a foreign arbitral award be enforced in India?
Yes. Awards made in New York Convention countries notified by India can be enforced under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996, before the High Court with jurisdiction. The grounds for refusing enforcement are narrow.
Can two Indian companies choose a foreign seat of arbitration?
Yes. The Supreme Court has held that two Indian parties may choose a seat outside India, and the resulting award is enforceable in India as a foreign award.
Can I get interim relief in India for an arbitration seated abroad?
Yes. Section 9 of the Act applies to international commercial arbitrations seated outside India unless the parties have agreed otherwise, so Indian courts can protect assets in India pending the arbitration.
How long do I have to challenge an arbitral award made in India?
An application under Section 34 must be filed within three months of receiving the award. The court may allow a further 30 days if sufficient cause is shown, but no more.
Do I need RBI approval to invest in a company abroad?
Most overseas investments by Indian companies and residents fall under the automatic route of the Overseas Investment Rules, 2022 and are made through an authorised dealer bank. Some cases, such as investments by entities under investigation, need prior approval.
Discuss your matter with us
A first consultation sets out where you stand, the realistic routes open to you and what each will involve.
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CONTACT
3rd Floor, HIS Centre, Kombara Junction, Near High Court of Kerala, Kochi, Kerala 682018
T1, G1001, HiLITE Business Park, Thondayad Bypass, Kozhikode, Kerala 673014
136/2, Rameshwar Nagar, Model Town, New Delhi 110033
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