Chartered Accountants◆Practising since 2016

USA to India · Legal

Contracts and disputes between US and Indian parties

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

The US is not on India's reciprocating-territory list, so its court decrees cannot be executed in India as they stand; the winning party has to sue again in India on the foreign judgment. Arbitral awards from New York Convention countries are enforceable in India, so a US-seated arbitration (for example AAA-ICDR) or a neutral seat such as Singapore is a common choice for cross-border contracts.

What is specific to US companies

US court judgments cannot be executed in India directly; a new suit is needed. Awards from US-seated arbitration are enforceable as foreign awards. Agreements signed in the US and brought into India must be stamped in India within the prescribed time.

Anti-corruption and compliance programmes

The FCPA reaches US companies and those acting for them, and US export controls apply to technology shared with the Indian team, including deemed exports.

India's Prevention of Corruption Act includes corporate liability for persons acting on the company's behalf.

Our services

How SU and Company helps

We cover the Indian tax, FEMA and governance side and work alongside the group's legal counsel.

  • Tax and FEMA review of contract terms
  • Internal controls and documentation in the Indian company
  • Coordination with counsel on data protection and anti-corruption

Questions

What happens to a US court judgment in India?

The US is not on India's reciprocating-territory list, so its court decrees cannot be executed in India as they stand; the winning party has to sue again in India on the foreign judgment.

General information as at 5 November 2026, not advice for a particular case. Indian and US rules change often; confirm the current position before acting. US law points should be confirmed with a US adviser.

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