The Role Of Commercial Contracts In Cross- Border Trade: Legal Obstacles And Solutions
- IJLLR Journal
- May 3
- 2 min read
Chirag Seth, BBA LLB (H), Amity Law School, Noida
Dr. Niharika Singh, Assistant Professor, Amity University, Noida
ABSTRACT
Global trade is always shifting, and with that change, commercial contracts seem to play a bigger role than before. Agreements linking nations like India with various international partners don’t just spell out rights and duties; they sort of lay down a basic blueprint for settling disputes in transnational trade. These contracts, in most cases, become the backbone of economic cooperation across borders. Yet, mixing different legal systems can really throw a wrench in things, making it trickier to enforce or follow the agreed terms across jurisdictions. Generally speaking, the problem grows when legal standards break down into fragments—efforts like those involving the CISG and CESL try to streamline these issues, even though the outcome isn’t always perfect . Also, the strong reliance on legal English in global business, while useful, sometimes ends up complicating clear communication among varying legal traditions .
For any nation trying to succeed internationally, sorting out a tangled mix of laws isn’t optional – it’s pretty much a must, and India finds this especially true. The country’s push to widen its global trade ties often hits a wall of legal challenges that slow down progress more than one might hope. Sometimes, rigid regulatory rules block market openings, leaving Indian exporters to scramble while competitors seem to breeze through. And then there’s the whole issue of meeting world standards; take the EU’s Carbon Border Adjustment Mechanism, for example – a rule that many see as just another hurdle. India's finance minister, Nirmala Sitharaman, even remarked—yes, she pointed out—that the planned CBAM comes off as an arbitrary trade barrier that ends up disadvantaging developing nations.
Keywords: Cross-border trade, commercial contracts, legal obstacles, CISG, risk management, India’s global trade, international conventions, dispute resolution, digital contracts, regulatory compliance.
