For a Belgium India contract, we review or draft under Indian law, or check how Indian courts will treat a Belgian governing law clause. Key points are the dispute resolution clause, stamp duty, limitation of liability, termination and payment security. Because Belgian judgments are not directly enforceable in India, arbitration with a seat in Brussels, Singapore or India is usually preferable. Contracts signed electronically are valid in India, but stamp duty must be paid when the contract is brought into India.
- Document route
- Notary, then apostille from FPS Foreign Affairs
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Belgium: how it works
We start with your commercial terms and your standard Belgian template. We check it against the Indian Contract Act 1872, the Sale of Goods Act 1930, competition law on exclusivity and resale price, and FEMA for advance payments and guarantees. Indian courts uphold reasonable liability caps and liquidated damages under section 74, but not penalties. We draft the dispute clause carefully, naming the seat and institution, such as CEPANI, ICC or SIAC, and preserving the right to urgent relief from Indian courts.
Once agreed, the contract is executed, often electronically, and stamped in India within three months of receipt under the Indian Stamp Act or the relevant state act; an unstamped contract cannot be relied on as evidence until duty and penalty are paid. If a dispute arises with an Indian counterparty, we start with a legal notice and, for court cases under the Commercial Courts Act 2015, mandatory pre-institution mediation unless urgent interim relief is needed.
What clients in Belgium should know
- Contracts drafted in French or Dutch should have an English version stated to prevail, since Indian courts and arbitrators work in English.
- Antwerp diamond consignment agreements with Indian manufacturers should address title, insurance and customs documentation clearly.
- Payments from India to Belgium for services may attract withholding tax at treaty rates and need Form 15CA and 15CB.
Step by step from Belgium
Video consultation
A call at a time that suits Belgium, after we have read your documents.
Documents signed in Belgium
Notary, then apostille from FPS Foreign Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Belgium where needed.
The full guide
This page covers what changes when you are in Belgium. For the law, the documents and the step-by-step procedure, read our main page on Commercial Contracts, or see all services for clients in Belgium and the Doing Business in India practice area.
Questions from clients in Belgium
Can we choose Belgian law for a contract with an Indian company?
Yes, between commercial parties with a foreign element, but enforcement in India still depends on Indian procedure and public policy.
Is an Indian court judgment enforceable in Belgium?
That depends on Belgian private international law. Arbitration avoids the uncertainty on both sides.
Do we need a lawyer in India to send a notice?
It is advisable. An Indian legal notice sets up limitation and the later court or arbitration case.