A Nigeria and India supply contract should set out the goods, standards, inspection, Incoterms, payment security, governing law and an arbitration clause with a seat whose awards India enforces. Because Nigerian judgments cannot be executed directly in India, arbitration is the safer choice. Avoid large advances on open account; use confirmed letters of credit or staged payments against shipping documents.
- Document route
- Nigerian notary, Ministry of Foreign Affairs authentication, then Indian mission attestation
- Time difference
- IST is 4h30 ahead of Nigeria all year (no daylight saving)
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Nigeria: how it works
We review the commercial terms first, especially payment. Many disputes we see started with a large advance paid against a proforma invoice. We draft or review the contract with payment against documents, pre-shipment inspection by an independent agency, clear quality standards and a remedy for short or defective shipment. Distribution and agency agreements need exclusivity, minimum purchase and termination clauses that reflect Nigerian market realities.
If the contract is signed in Nigeria, the Indian party pays stamp duty within three months of receipt in India, otherwise the contract cannot be relied on in Indian proceedings without duty and penalty. We check that the arbitration seat is notified by India under section 44 of the Arbitration and Conciliation Act. Indian courts can grant interim relief under section 9 even for a foreign-seated arbitration, unless excluded, which helps freeze assets of a defaulting supplier.
What clients in Nigeria should know
- Nigerian import regulations, including product registration for pharmaceuticals and food, should be reflected in the supplier's obligations.
- Indian exporters must realise export proceeds under FEMA, which affects how refunds and credit notes are handled.
- Verify that the person signing for the Indian company is authorised, with a board resolution or power of attorney.
Step by step from Nigeria
Video consultation
A call at a time that suits Nigeria, after we have read your documents.
Documents signed in Nigeria
Nigerian notary, Ministry of Foreign Affairs authentication, then 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 Nigeria where needed.
The full guide
This page covers what changes when you are in Nigeria. 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 Nigeria and the Doing Business in India practice area.
Questions from clients in Nigeria
Should the contract be under Nigerian or Indian law?
Either can work. Many parties choose English or Indian law with arbitration at a neutral seat that India recognises.
Can we include a penalty for late delivery?
Indian law allows liquidated damages that are a genuine pre-estimate of loss; penalties may be reduced by a court to reasonable compensation.
Is an e-signed contract valid in India?
Yes, for most commercial contracts under the Information Technology Act, subject to stamp duty.