When a supplier in Singapore, a buyer in Dubai or an investor in London has a dispute with a company in India, the first questions are the same: which court or tribunal decides it, and can the result be enforced where the assets are?

Jurisdiction and governing law

Indian courts generally respect party choice of foreign law and forum, if the clause is clear. Exclusive foreign jurisdiction clauses are normally enforced, while a clause that is vague about exclusivity can invite a parallel suit in India. A well-drafted contract states governing law, forum, language and service of process.

Enforcing foreign judgments

Under Section 44A of the Code of Civil Procedure, a decree of a superior court of a reciprocating territory, such as the UK, Singapore, the UAE or Hong Kong, can be executed in India as if passed by an Indian court. Judgments from non-reciprocating countries, including the United States, require a fresh suit on the judgment under Section 13 of the Code, subject to its exceptions. This is a major reason many foreign parties prefer arbitration.

Arbitration and interim relief

Arbitral awards travel better than court judgments because of the New York Convention. Even in foreign-seated arbitration, Section 9 allows a party to seek interim protection, such as an order preserving assets in India. See our article on seat and enforcement for more detail.

Mediation

India enacted the Mediation Act, 2023, giving statutory recognition to mediated settlement agreements. India signed the Singapore Convention on Mediation in 2019, but parties should confirm its current ratification status before depending on it.

Maritime and trade disputes

Cargo, charter party and trade finance disputes combine these issues: a foreign party, a vessel that may leave, and goods in transit. Early use of admiralty arrest, interim injunctions and security can decide the outcome.

Practical steps

• Audit contracts for dispute resolution clauses before trouble starts.
• Collect evidence, correspondence and shipping or banking documents early.
• Map assets of the counterparty in India and abroad.
• Consider mediation or negotiated settlement alongside the formal process.

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.