A contract with an Indian party is governed by the Indian Contract Act 1872 unless another law is chosen. Because a Chinese judgment cannot be executed directly in India, an arbitration clause seated in Singapore, Hong Kong, India or China, with a named institution, is usually the best protection; both countries are New York Convention parties.
- Document route
- Chinese notary office and apostille, or Indian mission attestation
- Time difference
- IST is 2h30 behind China all year
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from China: how it works
We draft and review supply, OEM, distribution, technology licence and joint venture agreements with Indian parties. We focus on quality specifications and inspection, BIS and other Indian certification requirements, delivery and risk, payment security, intellectual property, liability limits and dispute resolution.
We also flag Indian regulatory points that affect the deal, such as import restrictions on certain Chinese goods, anti-dumping duties, data rules for connected devices, and the need for approval if the arrangement involves equity.
Where an Indian distributor wants exclusivity for India, we tie exclusivity to minimum purchase targets and reserve the right to appoint others or terminate if targets are missed.
What clients in China should know
- Specify the governing law and arbitration institution clearly.
- Check whether your product needs BIS certification before shipping.
- Use letters of credit or advance payment with new buyers.
Step by step from China
Video consultation
A call at a time that suits China, after we have read your documents.
Documents signed in China
Chinese notary office and apostille, or 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 China where needed.
The full guide
This page covers what changes when you are in China. 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 China and the Doing Business in India practice area.
Questions from clients in China
Should we use CIETAC or SIAC?
Both are workable; SIAC and HKIAC are often preferred by Indian parties. Awards from all are generally enforceable in India.
Can you review an Indian distributor agreement?
Yes, including exclusivity, targets and termination.
Do Indian import rules affect our contract?
Yes, some products face certification and other requirements; we check before signing.
Can we end an exclusive distributor who underperforms?
Yes, if the contract links exclusivity to targets and sets out termination rights.