An Israeli company contracting with an Indian party should provide for disputes to go to arbitration in a seat whose awards India enforces, because Israel is not a reciprocating territory and Israeli judgments need a fresh suit in India. We draft or review technology licences, distribution, supply and services contracts under Indian law or alongside your Israeli counsel, and we deal with stamp duty, withholding tax under the India-Israel treaty, export control clauses and FEMA payment rules.
- Document route
- Israeli notary, then apostille
- Time difference
- IST is 2.5 to 3.5 hours ahead
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Israel: how it works
Israeli contracts frequently include detailed IP, confidentiality and export control provisions. We check how these work in India: IP assignment and licensing under Indian law, enforceability of non-compete clauses (limited during employment and largely void after it under section 27 of the Indian Contract Act 1872), and India's own export control regime for dual-use technology. For defence and security contracts, government procurement rules and offset obligations may apply.
We also examine the Indian party's corporate records, authority to sign and financial standing. Payment terms should specify currency, withholding tax and who bears it, and invoices should match the contract so Indian banks process remittances smoothly. Stamp duty is payable in India on contracts executed or used there. If a dispute arises, interim relief from Indian courts supporting arbitration can freeze assets or stop misuse of IP.
What clients in Israel should know
- Royalties and technical fees paid to an Israeli company are subject to Indian withholding tax, often reduced under the treaty with a tax residency certificate.
- Non-compete clauses binding Indian distributors after termination are generally unenforceable in India; confidentiality and IP clauses are more effective.
- Indian government buyers have their own procurement contract terms; commercial negotiation is limited, so focus on the provisions that are negotiable.
Step by step from Israel
Video consultation
A call at a time that suits Israel, after we have read your documents.
Documents signed in Israel
Israeli notary, then apostille
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 Israel where needed.
The full guide
This page covers what changes when you are in Israel. 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 Israel and the Doing Business in India practice area.
Questions from clients in Israel
Can we use Israeli law as the governing law?
Yes, for an international commercial contract, subject to Indian mandatory rules.
Do contracts need to be in Hebrew?
No. English is standard for India. If the contract is bilingual, specify which text prevails.
Can an Indian court stop a former distributor from using our brand?
Yes. Indian courts grant injunctions for trademark infringement and passing off, often quickly where the evidence is strong.