Practice Area
International Law & Trade
Cross-border legal expertise for global matters
DTAAs signed by India
FDI via automatic route in most sectors
Annual FDI inflows
WTO member nations
Overview
International law and trade practice in India operates at the intersection of domestic legislation and India's obligations under international treaties, conventions, and bilateral/multilateral agreements. India's engagement with international legal frameworks spans the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), Double Taxation Avoidance Agreements (DTAAs), International Commercial Arbitration conventions, and human rights instruments. The Foreign Trade (Development and Regulation) Act, 1992 governs India's import-export regime, while the Foreign Exchange Management Act, 1999 (FEMA) and the regulations of the Reserve Bank of India (RBI) regulate cross-border capital flows, foreign direct investment (FDI), and external commercial borrowings (ECBs). India's Model BIT of 2016 significantly changed the country's approach to investment treaty arbitration, incorporating exhaustion of local remedies requirements and narrowing the scope of investor-state dispute settlement (ISDS).
International commercial arbitration in India is governed by the Arbitration and Conciliation Act, 1996, which is based on the UNCITRAL Model Law and has been significantly amended in 2015, 2019, and 2021 to enhance India's position as an arbitration-friendly jurisdiction. India is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, though enforcement of foreign awards remains subject to the limited grounds of refusal under Section 48 of the Act. The establishment of the India International Arbitration Centre (IIAC) in New Delhi and the rise of institutional arbitration under SIAC, ICC, and LCIA rules for India-related disputes reflect the growing sophistication of cross-border dispute resolution involving Indian parties. India's customs and trade remedies framework under the Customs Act, 1962 and the Customs Tariff Act, 1975 provides mechanisms for anti-dumping duties, countervailing duties, and safeguard measures to protect domestic industry.
Our international law and trade practice provides comprehensive legal services to multinational corporations, Indian companies with global operations, foreign investors, sovereign entities, international organizations, and export-import businesses. We handle international commercial arbitration under ICC, SIAC, LCIA, and UNCITRAL rules, enforcement and challenge of foreign arbitral awards in Indian courts, cross-border M&A and joint venture structuring under FEMA and FDI regulations, WTO trade disputes and trade remedies advisory, EXIM compliance and customs litigation, bilateral investment treaty arbitration, international sanctions compliance, cross-border insolvency proceedings under the UNCITRAL Model Law framework adopted by the IBC, and advisory on international humanitarian law, treaty interpretation, and public international law matters.
Governing Framework
Key Legislation & Statutes
What We Offer
Our International Law & Trade Services
International Commercial Arbitration
Representing parties in international commercial arbitrations seated in India and abroad under ICC, SIAC, LCIA, HKIAC, and UNCITRAL rules, including drafting arbitration agreements, selecting arbitrators, conducting document production, presenting written and oral submissions, and handling enforcement or set-aside proceedings in Indian courts under Parts I and II of the Arbitration and Conciliation Act, 1996.
Foreign Arbitral Award Enforcement
Filing execution petitions for enforcement of foreign arbitral awards in Indian courts under Section 47-49 of the Arbitration Act (New York Convention awards) and Section 53-56 (Geneva Convention awards), and defending against enforcement challenges on grounds of public policy, incapacity, procedural irregularity, and scope of arbitration agreement, in light of the Supreme Court's narrowed interpretation of public policy in BALCO and Ssangyong judgments.
Cross-Border Trade & EXIM Compliance
Advising exporters and importers on compliance with the Foreign Trade Policy, customs classification and valuation, preferential tariff claims under Free Trade Agreements (India-ASEAN, India-Japan, India-Korea, etc.), export incentive schemes (RoDTEP, MEIS, SEIS), Advance Authorization and EPCG licenses, and representation before the Directorate General of Foreign Trade (DGFT) and customs authorities.
FDI & Foreign Investment Advisory
Structuring foreign direct investment transactions in compliance with FEMA regulations and the FDI Policy, including sector-specific caps, pricing guidelines (DCF valuation), reporting requirements (FC-GPR, FC-TRS, LLP-I/II forms), downstream investment provisions, and obtaining government approvals for FDI in restricted sectors through the Department for Promotion of Industry and Internal Trade (DPIIT).
Trade Remedies & Anti-Dumping Advisory
Representing domestic manufacturers and foreign exporters in anti-dumping investigations, countervailing duty proceedings, and safeguard measures before the Directorate General of Trade Remedies (DGTR), including filing and defending anti-dumping petitions, participating in injury investigations, submitting questionnaire responses, and challenging final findings before the CESTAT and High Courts.
International Sanctions & Compliance
Advising multinational corporations and Indian entities on compliance with international sanctions regimes including UN Security Council sanctions, US OFAC sanctions, and EU restrictive measures, including developing sanctions screening programs, assessing sanctions exposure in cross-border transactions, and navigating the implications of India's sanctions obligations under the UN (Security Council) Act, 1947 and the Weapons of Mass Destruction Act, 2005.
Bilateral Investment Treaty Arbitration
Advising foreign investors and sovereign entities on investment protection under India's Bilateral Investment Treaties, including pre-arbitration dispute resolution, filing investor-state claims under applicable BIT arbitration rules, and defending sovereign interests in treaty arbitrations, with particular expertise in India's Model BIT, 2016 framework requiring exhaustion of local remedies.
Cross-Border Insolvency & Restructuring
Handling cross-border insolvency matters involving Indian and foreign entities, including recognition of foreign insolvency proceedings, coordination between Indian and foreign insolvency courts, CIRP proceedings involving foreign creditors, and advisory on the evolving framework under the IBC's proposed cross-border insolvency provisions aligned with the UNCITRAL Model Law on Cross-Border Insolvency.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
How are foreign arbitral awards enforced in India?
Foreign arbitral awards from countries that are signatories to the New York Convention are enforced in India under Sections 47-49 of the Arbitration and Conciliation Act, 1996 (Part II). The party seeking enforcement must file an execution petition before the High Court having jurisdiction, accompanied by the original award, the arbitration agreement, and certified translations. The court can refuse enforcement only on the limited grounds specified in Section 48, which mirror Article V of the New York Convention. Following the Supreme Court's landmark decisions in BALCO v. Kaiser Aluminium and Ssangyong Engineering v. NHAI, Indian courts have adopted a pro-enforcement approach, narrowing the public policy ground for refusal.
What are the FDI routes available for foreign investment in India?
Foreign Direct Investment in India is permitted through two routes: the Automatic Route, under which no prior government approval is required and investment can be made directly through authorized dealer banks with post-facto reporting to the RBI; and the Government Route, which requires prior approval from the concerned Ministry/Department through the Foreign Investment Facilitation Portal. Most sectors are open for 100% FDI under the Automatic Route, while sectors like defense (up to 74% automatic, beyond with government approval), telecom, banking, insurance, and multi-brand retail require government approval or have sectoral caps. Certain sectors like lottery, gambling, chit funds, and trading in Transferable Development Rights remain prohibited for FDI.
What is anti-dumping duty and how is it imposed in India?
Anti-dumping duty is a trade remedy imposed on imported goods that are being sold in India at prices below their normal value in the exporting country, causing or threatening to cause material injury to the domestic industry. The Directorate General of Trade Remedies (DGTR) conducts investigations based on applications from domestic manufacturers, examining dumping margins, injury to domestic industry, and causal linkage. If dumping and injury are established, the DGTR recommends anti-dumping duty to the Ministry of Finance, which can impose provisional or final anti-dumping duty for up to five years, extendable through sunset review. Interested parties can challenge the final findings before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
Does India have tax treaties to avoid double taxation?
Yes, India has an extensive network of Double Taxation Avoidance Agreements (DTAAs) with over 95 countries, including the US, UK, Singapore, Mauritius, UAE, Japan, Germany, and Australia. These treaties allocate taxing rights between India and the treaty partner country, provide for reduced withholding tax rates on dividends, interest, royalties, and fees for technical services, and include provisions for elimination of double taxation through credit or exemption methods. India also participates in the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS) and has signed the Multilateral Convention to Implement Tax Treaty Related Measures (MLI), which modifies the application of existing DTAAs to implement BEPS minimum standards.
Can Indian companies be penalized for violating international sanctions?
While India does not have a comprehensive autonomous sanctions regime, Indian entities are bound by United Nations Security Council sanctions as implemented through the UN (Security Council) Act, 1947 and specific notifications by the Ministry of External Affairs. Violations of UN sanctions can result in criminal penalties. Additionally, Indian companies with business exposure to the US or EU may face secondary sanctions if they transact with designated persons or entities under US OFAC or EU sanctions programs. The Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 further criminalizes activities related to WMD proliferation. Companies must implement robust sanctions compliance programs, especially for sectors like banking, energy, and defense.
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