A contract between a French company and an Indian party should choose its governing law, use arbitration with a clear seat and institution, and respect Indian rules on stamping, FEMA payments, withholding tax and restraints of trade. A French court judgment is difficult to enforce in India, because France is not a reciprocating territory, whereas a foreign award can be enforced in India under the New York Convention.
- Document route
- Notaire or mairie certification, then apostille from the cour d'appel
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from France: how it works
We review the French template clause by clause against the Indian Contract Act 1872 and the commercial deal. French-style penalty clauses (clauses pénales) are not enforced as penalties in India; courts award reasonable compensation up to the agreed amount. Exclusivity and non-compete clauses that run after termination are generally unenforceable under section 27. Limitation of liability, termination for convenience and force majeure clauses work in India but need clear drafting. For services and royalties, the price clause should state who bears Indian withholding tax and how treaty relief is claimed.
For disputes, French companies often choose ICC arbitration seated in Paris. That works in India, provided the clause is clear, and Indian courts may grant interim relief under section 9 of the Arbitration and Conciliation Act even for a Paris-seated arbitration unless the parties exclude it. Where the Indian party will sign in India or the contract will be enforced there, it must be stamped under the relevant state stamp law. Signing by electronic signature is generally valid, though some documents still need physical execution in India.
What clients in France should know
- A contract with an Indian government entity or public sector company follows procurement rules and standard forms that leave less room for French template terms.
- If the contract is drafted in French and English, state that English prevails, because Indian courts and many arbitrators will work from the English text.
- Agency and distribution agreements should address what happens to stock, customer data and trademark use on termination, since Indian law gives no statutory indemnity to commercial agents.
Step by step from France
Video consultation
A call at a time that suits France, after we have read your documents.
Documents signed in France
Notaire or mairie certification, then apostille from the cour d'appel
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 France where needed.
The full guide
This page covers what changes when you are in France. 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 France and the Doing Business in India practice area.
Questions from clients in France
Can we choose French law for a contract with an Indian company?
Yes. Indian law respects the parties' choice of foreign law in international commercial contracts, though mandatory Indian rules on performance in India still apply.
Is a Paris-seated award enforceable in India?
Yes. France is a notified New York Convention country, so a Paris award can be enforced in India under Part II of the Arbitration and Conciliation Act, subject to limited grounds for refusal.
Do we need to sign in India for the contract to be valid?
No. Signing in France is valid. Stamping in India becomes relevant when the document is received in India or needs to be produced before an Indian court.