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The Enforceability Of Cross-Border Contracts Under The Indian Contract Act, 1872




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.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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