International Practice

# India-UK Cross-Border
Legal Advisory

United Kingdom

## United Kingdom Legal Services

The United Kingdom is one of the most significant international business destinations for Indian enterprises. Bilateral trade between India and the UK exceeds $40 billion annually, spanning sectors from information technology and pharmaceuticals to financial services and advanced manufacturing. The two nations share deep historical connections rooted in the common law tradition, making English law the natural framework for many cross-border commercial arrangements involving Indian parties. London serves as a global hub for finance, arbitration, and corporate deal-making, and Indian businesses continue to rank among the largest overseas investors in the British economy.

At ESB Global Law Advisory, we provide end-to-end cross-border legal counsel from our Mumbai office for Indian companies and professionals engaging with the UK market. Our practice draws on an in-depth understanding of both Indian and English legal systems, enabling us to deliver commercially pragmatic advice that bridges the regulatory requirements of both jurisdictions. Whether you are establishing a UK subsidiary, negotiating English law contracts, transferring key personnel, or resolving a commercial dispute, our team is equipped to guide you through every stage of the process.

### Corporate & Commercial Law

Setting up a business presence in the United Kingdom requires careful planning around entity structure, regulatory compliance, and governance obligations. We advise Indian companies on incorporating private limited companies (Ltd) under the Companies Act 2006, registering branch offices, and structuring limited liability partnerships. Our corporate practice extends to drafting and negotiating shareholders' agreements, articles of association, joint venture arrangements, and investment documentation that reflect the commercial realities of India-UK operations.

English law is the governing law of choice for a significant proportion of international commercial contracts, owing to its clarity, predictability, and the depth of judicial precedent. We draft and review a wide range of English law agreements including distribution arrangements, supply contracts, technology licensing agreements, service-level agreements, and framework contracts for long-term commercial relationships. Our familiarity with both Indian contract law and the English common law system allows us to identify and address cross-border risks that single-jurisdiction advisors may overlook, including choice of law and jurisdiction clauses, force majeure provisions, and liability caps calibrated for both markets.

### Immigration & Business Mobility

Moving Indian professionals to the United Kingdom requires navigating a points-based immigration system that has undergone substantial reform in recent years. We provide strategic advice on the most appropriate visa routes for different business needs. The Skilled Worker visa is the primary route for Indian employees with a qualifying job offer from a UK-licensed sponsor, subject to salary thresholds and occupational requirements. For multinational companies transferring senior managers, specialists, or graduate trainees to UK offices, the Global Business Mobility routes offer structured pathways including the Senior or Specialist Worker visa and the Graduate Trainee visa.

Indian entrepreneurs seeking to launch innovative businesses in the UK can explore the Innovator Founder visa, which requires endorsement from an approved body and evidence of a genuinely innovative, viable, and scalable business proposition. For individuals with exceptional talent or promise in fields such as digital technology, academia, or the arts, the Global Talent visa provides a flexible route without requiring a sponsor. We also advise on right-to-work compliance obligations for UK employers, sponsor licence applications and management, and the settlement and citizenship pathways available to Indian nationals after qualifying periods of residence in the United Kingdom.

### Post-Brexit Trade & Compliance

The United Kingdom's departure from the European Union has created a distinct regulatory environment that Indian businesses must navigate independently of EU rules. The UK has established its own data protection regime under UK GDPR and the Data Protection Act 2018, with the Information Commissioner's Office (ICO) serving as the supervisory authority. Indian companies processing personal data of UK residents, whether through UK subsidiaries or by providing services remotely, must ensure compliance with UK-specific requirements around data transfers, privacy notices, and breach notification.

On the trade front, the UK now operates its own customs regime with separate tariff schedules, rules of origin, and border procedures. Indian exporters must adapt to UK-specific product standards, conformity assessment procedures, and labelling requirements that may diverge from EU equivalents. At the same time, Brexit has opened new possibilities as the UK pursues independent trade agreements. The India-UK Free Trade Agreement negotiations represent a landmark opportunity to reduce tariffs, improve market access for Indian goods and services, and establish mutual recognition frameworks. We monitor these developments closely and advise clients on structuring their UK operations to maximise the benefits of evolving trade arrangements while maintaining full regulatory compliance.

### Dispute Resolution

London is the preeminent global centre for international commercial arbitration, and Indian businesses frequently find themselves party to disputes seated in the UK capital. We represent clients in arbitration proceedings under the rules of the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), and ad hoc arbitrations under the UNCITRAL Rules. Our practice also covers litigation before the English High Court, particularly the Commercial Court and the Technology and Construction Court, which handle complex cross-border commercial and infrastructure disputes.

For disputes that may benefit from a consensual resolution, we advise on mediation, expert determination, and other alternative dispute resolution mechanisms. We also assist with the enforcement of English arbitral awards in India under the Arbitration and Conciliation Act, 1996, and the reciprocal enforcement of Indian awards in the UK, ensuring that favourable outcomes translate into practical results across both jurisdictions.

### Real Estate & Property Investment

The UK property market is a major destination for Indian investment, encompassing commercial offices, residential developments, retail assets, and industrial properties. There are no restrictions on overseas buyers acquiring property in the United Kingdom, making it accessible to Indian individuals and corporate entities alike. However, non-resident purchasers are subject to an additional 2% Stamp Duty Land Tax (SDLT) surcharge, and foreign entities holding UK property must register with the Register of Overseas Entities, disclosing beneficial ownership information to Companies House.

We advise Indian investors on the full property acquisition cycle, from due diligence and title verification through to exchange, completion, and post-acquisition compliance. Our guidance covers lease negotiations, planning and development matters, Anti-Money Laundering (AML) verification requirements, and the Capital Gains Tax implications of holding and disposing of UK real estate.

### Tax & Cross-Border Structuring

Cross-border operations between India and the UK engage a complex web of tax obligations in both jurisdictions. The India-UK Double Taxation Avoidance Agreement (DTAA) governs the allocation of taxing rights and provides relief from double taxation on income including dividends, interest, royalties, and capital gains. We advise Indian businesses on structuring their UK operations to optimise their position under the DTAA while remaining fully compliant with the tax laws of both countries.

Key issues we address include Permanent Establishment (PE) risk assessment for Indian companies with UK activities, transfer pricing compliance for related-party transactions between Indian parent companies and UK subsidiaries, withholding tax obligations on cross-border payments, Corporation Tax planning for UK entities, and the interaction between Indian and UK controlled foreign company rules. Our integrated approach ensures that tax structuring aligns with commercial objectives and withstands scrutiny from both HMRC and the Indian tax authorities.

### Our India-UK Legal Services Include

- UK company incorporation, branch registration, and corporate structuring
- Shareholders' agreements, joint ventures, and investment documentation
- Commercial contract drafting and negotiation under English law
- Mergers, acquisitions, and cross-border investment transactions
- Skilled Worker visa, Global Business Mobility, and Innovator Founder visa advisory
- Sponsor licence applications and right-to-work compliance
- UK GDPR and data protection compliance
- Post-Brexit customs, trade compliance, and regulatory advisory
- Employment law, HR compliance, and workforce structuring
- Intellectual property registration and enforcement in the UK
- UK real estate acquisition, due diligence, and property transactions
- LCIA, ICC, and ad hoc arbitration representation
- English High Court litigation and alternative dispute resolution
- India-UK DTAA advisory, transfer pricing, and tax structuring
- Regulatory approvals and sector-specific licensing

FAQ

## Frequently Asked Questions

### How can an Indian company set up a business in the UK?

An Indian company can establish a UK presence by incorporating a private limited company (Ltd) under the Companies Act 2006, registering a branch office of the Indian parent entity, or forming a limited liability partnership (LLP). The process involves filing with Companies House, appointing at least one director, registering for Corporation Tax with HMRC, and obtaining any sector-specific licences. ESB Global advises on the most tax-efficient and commercially practical structure based on the nature and scale of operations planned in the United Kingdom.

### What visa options are available for Indian professionals moving to the UK?

Indian professionals can apply for the Skilled Worker visa if they have a job offer from a licensed UK sponsor, the Global Business Mobility visa for senior managers or specialists transferring within a multinational group, the Innovator Founder visa for entrepreneurs launching innovative businesses, or the Global Talent visa for individuals with exceptional achievements in qualifying fields. Each route has specific eligibility criteria including salary thresholds, English language requirements, and sponsorship conditions that our immigration team can help navigate.

### How does post-Brexit affect Indian businesses trading with the UK?

Since Brexit, the UK operates outside the EU single market and customs union, meaning Indian businesses now deal with a separate UK regulatory regime distinct from EU rules. This affects data transfers under UK GDPR, product standards and conformity assessments, customs declarations for goods, and professional qualifications recognition. However, it also opens opportunities as the UK pursues an independent trade policy, including the ongoing India-UK Free Trade Agreement negotiations which aim to reduce tariffs and improve market access for Indian exporters and service providers.

### Can Indian businesses own property in the UK?

Yes, there are no restrictions on Indian individuals or companies purchasing commercial or residential property in the United Kingdom. However, overseas buyers should be aware of the Stamp Duty Land Tax surcharge of 2% applicable to non-UK residents, Anti-Money Laundering verification requirements, the Register of Overseas Entities which requires disclosure of beneficial owners for UK property held by foreign entities, and Capital Gains Tax obligations on any future disposal. ESB Global assists Indian investors with the full legal process from due diligence through to completion and ongoing compliance.

### How are India-UK commercial disputes typically resolved?

India-UK commercial disputes are commonly resolved through London-seated arbitration under the rules of the London Court of International Arbitration (LCIA) or the International Chamber of Commerce (ICC), litigation before the English High Court which is widely respected for complex commercial matters, or mediation and other forms of alternative dispute resolution. London remains the global centre for international commercial arbitration, and English court judgments benefit from strong enforceability frameworks. The choice of mechanism typically depends on the dispute resolution clause in the underlying contract.

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UK Operations?

## Expert India-UK
Legal Counsel

Navigate the UK legal landscape with confidence. Our cross-border team provides strategic counsel for Indian businesses at every stage of their United Kingdom operations.

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