The Enforceability Of Cross-Border Contracts Under The Indian Contract Act, 1872
- IJLLR Journal
- Jul 7
- 1 min read
Sudhishna Bose, Jindal Global Law School
ABSTRACT
This paper critically examines the enforceability of cross‐border contracts under the Indian Contract Act, 1872. It evaluates central legal principles governing international agreements, jurisdictional challenges, and conflict‐of‐law issues, and analyzes how Indian courts interpret and apply the Act in disputes involving foreign parties. Particular attention is paid to choice‐of‐law clauses, the doctrine of privity, and the recognition and enforcement of foreign judgments. The study also assesses the influence of international conventions, bilateral treaties, and comparative legal frameworks on India’s approach to transnational contractual disputes. Drawing on statutory provisions and key judicial precedents, the paper identifies practical obstacles faced by domestic and foreign parties when enforcing contractual obligations and highlights gaps in legal certainty and predictability. It concludes with targeted recommendations to enhance legal clarity, procedural efficiency, and enforceability of cross‐border contracts within the Indian legal framework, thereby addressing the needs of an increasingly globalized commercial environment.
