Practice Area

# International Contracts
& Trade Law

### International Contracts

Cross-Border Legal Solutions

Overview

## Facilitating Global Commerce

As Indian businesses increasingly engage with global markets, the need for robust international contracts and trade law expertise has never been greater. At ESB Global Law Advisory, we bridge the gap between Indian and international commercial law, helping clients structure cross-border transactions that are legally sound, commercially viable, and compliant with multi-jurisdictional regulatory requirements.

Our international contracts practice covers the drafting and negotiation of cross-border commercial agreements, joint venture documentation, technology transfer arrangements, distribution and agency agreements, and supply chain contracts. We also advise on FEMA compliance, export-import regulations under the Foreign Trade Policy, sanctions screening, and international trade dispute resolution.

With our firm's strong European network and deep understanding of both common law and civil law jurisdictions, we are uniquely positioned to assist Indian companies expanding into European markets and European businesses establishing operations in India.

Common Questions

## International Contracts FAQs

Indian companies entering international contracts must consider governing law and jurisdiction clauses, FEMA compliance for cross-border payments, currency risk and hedging provisions, international dispute resolution mechanisms (ICC/SIAC arbitration), force majeure and hardship provisions, intellectual property protection across jurisdictions, export control and sanctions compliance, and tax implications including transfer pricing. ESB Global provides comprehensive review and drafting of international commercial agreements.

The Foreign Exchange Management Act (FEMA) 1999 governs all cross-border transactions involving Indian entities. It regulates foreign direct investment (FDI) routes and limits, external commercial borrowings (ECBs), overseas direct investment (ODI), current account transactions and remittances, and export-import payments. Non-compliance can result in penalties up to three times the amount involved. ESB Global ensures all international transactions comply with FEMA provisions and RBI circulars.

Incoterms (International Commercial Terms) published by the ICC define the responsibilities of buyers and sellers in international trade, covering delivery, risk transfer, insurance, and transportation costs. The latest Incoterms 2020 include 11 rules (EXW, FCA, CPT, CIP, DAP, DPU, DDP for any transport; FAS, FOB, CFR, CIF for sea transport). Choosing the right Incoterm is critical for allocating risk and costs. ESB Global advises on Incoterm selection and incorporation into commercial contracts.

Related Services

## Interconnected Practice Areas

International trade law intersects with several other legal domains. Our integrated approach ensures comprehensive coverage.

### Business & Commercial

International joint ventures, cross-border M&A transactions, and foreign subsidiary establishment.

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### Banking & Finance

Cross-border financing, ECB compliance, trade finance instruments, and international payment mechanisms.

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### Dispute Resolution

International commercial arbitration, cross-border enforcement, and trade dispute resolution.

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### Intellectual Property

International IP licensing, technology transfer agreements, and cross-border IP protection strategies.

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### FIDIC Contracts

International construction contracts, EPC agreements, and cross-border infrastructure project documentation.

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### Maritime Law

International shipping contracts, charterparty agreements, and cross-border maritime trade documentation.

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International Legal Matters?

## Get Expert Cross-Border
Legal Counsel

Whether it's an international contract, trade compliance, or cross-border transaction, our team is ready to assist.

Book Consultation
Call +91 7045629816