An Iraqi business can recover money from an Indian party through a legal notice, a suit for refund of advances with interest, a commercial summary suit under Order XXXVII CPC, a cheque case, insolvency proceedings, or enforcement of an arbitration award, which is now possible since Iraq joined the New York Convention. An Iraqi court judgment cannot be executed directly in India.
- Document route
- Iraqi notary, Ministry of Foreign Affairs legalisation, then Indian mission attestation
- Time difference
- IST is 2h30 ahead of Iraq all year
- Cheque cases
- Section 138, NI Act 1881
- Civil suit
- Order XXXVII CPC
Money Recovery from India from Iraq: how it works
We review the contract, proforma invoices, payment proofs, shipping records and messages, and send a legal notice. Many exporters respond once a lawyer is involved. If not, we file the appropriate suit after pre-institution mediation, or insolvency proceedings where the exporter is a company with an undisputed debt.
Where there is evidence of deliberate cheating, such as taking advances with no intention of shipping, we also advise on a criminal complaint alongside the civil case.
We also check whether the exporter has export credit insurance or bank guarantees that can be invoked, which can be quicker than litigation.
What clients in Iraq should know
- Keep proof of every advance and all correspondence.
- Check the exporter's registration and track record before paying.
- Most money claims must be filed within three years of the due date.
Step by step from Iraq
Video consultation
A call at a time that suits Iraq, after we have read your documents.
Documents signed in Iraq
Iraqi notary, Ministry of Foreign Affairs legalisation, then Indian mission attestation
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 Iraq where needed.
The full guide
This page covers what changes when you are in Iraq. For the law, the documents and the step-by-step procedure, read our main page on Money Recovery from India, or see all services for clients in Iraq and the Disputes & Enforcement practice area.
Questions from clients in Iraq
Can an Iraqi company sue in India?
Yes, through a legalised board resolution and power of attorney.
Can we get our advance back with interest?
Usually yes, as agreed or as the court allows.
Can our arbitration award be enforced in India?
Generally yes, since 2021.