A foreign party with a claim against someone in India has three main routes: arbitration, a suit in an Indian court, or enforcing a judgment or award obtained abroad. Judgments from reciprocating territories such as the UK, Singapore and the UAE can be executed under section 44A CPC. Judgments from the USA, Canada, Australia and most of Europe need a fresh suit in India based on the judgment. Foreign awards from notified New York Convention countries are enforced under Part II of the Arbitration and Conciliation Act, 1996.
Routes to payment
| Your position | Usual route in India |
|---|---|
| You hold a judgment from a reciprocating territory | Execution petition under section 44A CPC |
| You hold a judgment from a non-reciprocating country | Suit on the judgment, filed within three years of the judgment |
| You hold a foreign arbitral award | Enforcement petition under Part II of the Arbitration Act |
| Your contract has an arbitration clause and no award yet | Arbitration, with interim relief from Indian courts where needed |
| You have unpaid invoices, loans or a bounced cheque | Legal notice, then a commercial or summary suit, or a cheque case |
See enforcing foreign judgments, international arbitration and money recovery.
Before you sue: assets and timing
A judgment is only as good as the assets behind it. Before choosing a route we look at what the other side owns in India, whether it is a company or an individual, and whether assets are likely to move. Indian courts can grant interim orders to preserve assets, and arbitration under an Indian or foreign seat can be supported by Indian courts with interim measures.
Time limits matter. A suit on a foreign judgment must generally be brought within three years of the judgment, most money claims within three years of the debt falling due, and cheque cases run on deadlines measured in days. Commercial disputes require pre-institution mediation under section 12A of the Commercial Courts Act, 2015, unless urgent relief is sought.
Fraud and criminal matters
Some disputes are not only civil. If you have been cheated through an investment scheme, an impersonation or an online fraud connected with India, speed is everything: a complaint to the national cybercrime portal and the bank can lead to the money being frozen before it disappears. See cyber and investment fraud.
The other side of the coin is defence. NRIs and foreign nationals sometimes find a criminal case filed against them in India, often as pressure in a business or family dispute. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, anticipatory bail, quashing petitions and challenges to Look Out Circulars are available. See criminal defence and Look Out Circulars.
Running a dispute from abroad
Foreign companies usually authorise an officer or an Indian representative by a board resolution and power of attorney, notarised and apostilled or attested by the Indian mission. Individual claimants sign a power of attorney in the same way. Pleadings are verified by affidavit, and documentary evidence such as contracts, invoices, emails and bank records is filed with the certificates that Indian evidence law requires for electronic records. Where witnesses live abroad, we ask the court to record evidence by video conference or through a commission. You receive a written update after every hearing, and we agree settlement positions with you in advance so that opportunities in court or mediation are not lost to the time difference.
Which service do you need?
| Your situation | Service |
|---|---|
| Your contract with an Indian party has an arbitration clause, or you hold a foreign award | International Arbitration |
| You won a court case abroad and the debtor is in India | Enforcing Foreign Judgments |
| An Indian customer or borrower owes you money | Money Recovery from India |
| You were cheated online or through an investment scheme | Cyber & Investment Fraud |
| A criminal case or Look Out Circular has been issued against you | Criminal Defence & Look Out Circulars |
| An Indian party has started arbitration or a suit against your company | International Arbitration |
All disputes & enforcement services
International Arbitration
Arbitration with an Indian party, and enforcing foreign awards in India.
Learn moreEnforcing Foreign Judgments
Section 44A execution for reciprocating countries and fresh suits for others.
Learn moreMoney Recovery from India
Unpaid invoices, loans and dishonoured cheques recovered through Indian courts.
Learn moreShareholder Disputes & NCLT
Oppression, mismanagement, share transfers and family company disputes before the NCLT.
Learn moreAccident Compensation Claims
Motor accident death and injury claims in India pursued by families living abroad.
Learn moreCyber & Investment Fraud
Complaints, account freezes and recovery when you are cheated from or in India.
Learn moreCriminal Defence & Look Out Circulars
Anticipatory bail, FIR quashing, LOC and passport issues before you travel.
Learn moreFrequently asked questions
Is a US judgment directly enforceable in India?
No. The USA is not a reciprocating territory, so you must file a fresh suit in India based on the judgment, within three years of it. The judgment is strong evidence, but the defendant can raise the objections in section 13 CPC.
Which countries are reciprocating territories?
They include the UK, Singapore, the UAE, Malaysia, New Zealand, Hong Kong, Bangladesh, Fiji, Trinidad and Tobago and Papua New Guinea. Judgments of their superior courts can be executed under section 44A CPC.
Can an Indian court refuse to enforce a foreign arbitral award?
Only on the limited grounds in section 48 of the Arbitration Act, such as incapacity, lack of proper notice, matters beyond the arbitration agreement or conflict with the public policy of India.
Should our contract choose arbitration or Indian courts?
For cross-border contracts, arbitration with a neutral seat and an institution is often preferred, because the award is enforceable in India and in most other countries.
Can I recover money from India without travelling?
Usually yes. Notices, filings and most hearings are handled by our team, and evidence can often be given through affidavits and, where permitted, video link.
What if a case is filed against me in India while I am abroad?
Take advice before travelling. We check for warrants or a Look Out Circular and, where appropriate, apply for anticipatory bail or quashing.