A contract between a Thailand-based business and an Indian party should be written so that it can be enforced in India. Thai court judgments need a fresh suit in India, so an arbitration clause with a clear seat, often Bangkok, Singapore or an Indian city, is usually preferable. The contract should cover payment security such as letters of credit, Indian stamp duty, withholding tax on services, GST on imports and the ASEAN rules of origin for duty concessions.
- Document route
- Thai notarial service attorney, Thai MFA legalisation, then Indian Embassy attestation
- Time difference
- IST is 1h30 behind Thailand all year (no daylight saving)
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Thailand: how it works
We review or draft the contract in English with Indian enforcement in mind. For exports from Thailand to India we look at the price and currency, Incoterms, inspection, rejection of goods, payment by letter of credit or advance, and the obligations of each side for customs clearance and the certificate of origin. For agency and distribution in India, we check exclusivity, commission, termination notice and post-termination stock. Contracts with Indian individuals or small firms benefit from personal guarantees by the promoters, which we draft to be enforceable in India.
If the contract will be relied on in India, it should be stamped within three months of arriving, since unstamped instruments cannot be admitted in evidence until duty and penalty are paid. We also keep the dispute route practical: a named institution and seat, English as the language, interim relief available from Indian courts, and addresses for service in India. If the relationship sours, we can then send a legal notice and move to arbitration or a commercial suit without first fighting over jurisdiction.
What clients in Thailand should know
- Thai and Indian parties sometimes sign in Thai and English; specify that the English version governs to avoid conflicting translations.
- ASEAN and India tariff concessions depend on proper origin documentation, so make the exporter responsible for the certificate.
- Cheques issued by an Indian buyer that bounce can lead to criminal complaints under section 138 of the Negotiable Instruments Act, which adds pressure in recovery.
Step by step from Thailand
Video consultation
A call at a time that suits Thailand, after we have read your documents.
Documents signed in Thailand
Thai notarial service attorney, Thai MFA legalisation, then Indian Embassy 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 Thailand where needed.
The full guide
This page covers what changes when you are in Thailand. 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 Thailand and the Doing Business in India practice area.
Questions from clients in Thailand
Should our contract choose Thai law?
It can, but enforcement against an Indian party will be in India, and Indian courts will apply Indian mandatory rules. Many parties choose Indian or English law with arbitration.
Is an arbitration award from Bangkok enforceable in India?
Thailand is a New York Convention country, and Thai seated awards are generally enforced in India under Part II of the Arbitration and Conciliation Act.
Can we sign electronically from Bangkok?
For most commercial contracts yes, under Indian law. Some documents, especially relating to land or powers of attorney, need wet signatures.