A Polish company contracting with an Indian party should draft for enforcement in India. Poland is not a reciprocating territory, so a Polish court judgment requires a fresh suit in India. Arbitration in a neutral seat or in Warsaw, enforceable under the New York Convention, is usually better. We draft or review the contract under Indian law, address stamp duty, withholding tax under the India-Poland treaty and FEMA payment rules, and negotiate with the Indian side.
- Document route
- Polish notary, then MFA apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Poland: how it works
Polish-Indian contracts often cover software development, IT outsourcing, engineering services or trade in goods. We clarify scope, acceptance and change requests for services; incoterms, inspection and warranties for goods; and IP ownership for development work. Polish companies are used to detailed written contracts, which helps; the gaps are usually in Indian-specific points such as stamp duty, GST and withholding tax on technical services. Signing can be electronic for most commercial contracts, but documents needing registration in India require wet-ink execution.
Before signing, we check the Indian party's company records, directors, charges and any litigation. For distribution or agency, we address exclusivity, competition rules and termination, as Indian partners often claim compensation on exit. If a dispute arises, Indian courts can grant interim relief in support of arbitration. Payments to or from India must match the contract and invoices so the Indian bank can process them under FEMA.
What clients in Poland should know
- Polish law can govern the contract, but Indian mandatory rules on stamp duty, FEMA and competition still apply to performance in India.
- Withholding tax on fees for technical services paid by an Indian customer to a Polish company may be reduced under the treaty with a Polish residency certificate.
- A clear arbitration clause naming the seat, rules and language prevents years of preliminary litigation in India.
Step by step from Poland
Video consultation
A call at a time that suits Poland, after we have read your documents.
Documents signed in Poland
Polish notary, then MFA apostille
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 Poland where needed.
The full guide
This page covers what changes when you are in Poland. 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 Poland and the Doing Business in India practice area.
Questions from clients in Poland
Is a Warsaw-seated arbitration award enforceable in India?
Poland is a New York Convention state, and Indian courts enforce awards from notified convention countries under Part II of the Arbitration and Conciliation Act 1996.
Do we need to stamp the contract in India?
If it is executed or brought into India for use, state stamp duty applies, usually within three months of its receipt in India.
Can you review a contract written in Polish?
We work on English versions. If the contract is bilingual, the English text should be authoritative for Indian use.