In one sentence
A foreign supplier can enforce a claim against an Indian company through a fresh Indian action — demand notice, negotiation, then Section 9 of the IBC or a suit — or by enforcing a foreign judgment (directly from a reciprocating territory, by a fresh suit otherwise) or a New York Convention arbitral award; the fresh Indian route is often faster.
Key takeaways
- A foreign supplier has the same remedies against an Indian company as a domestic creditor — and one lever, Section 9 of the IBC, that is often stronger than anything available at home.
- A foreign judgment from a reciprocating territory can be executed in India directly; from other countries it needs a fresh suit on the judgment. A foreign arbitral award from a New York Convention country is generally enforceable.
- In many claims the fresh Indian route — notice, negotiation, Section 9 — is faster than enforcing what you already hold.
- Everything turns on documentation and on the Indian debtor still being functional; check both before choosing a route.
Start with the debtor, not the route
Before choosing between a foreign judgment and a fresh Indian action, establish what the Indian debtor is: registered and functional, in insolvency, or ceased operating. The registry check takes a day and decides everything. A functional company is a strong case whatever route you take; an entity in someone else's insolvency is a claim to be lodged in that process; a closed entity is an asset question.
Route one: the fresh Indian action
A foreign supplier is an operational creditor under the Insolvency and Bankruptcy Code on the same footing as an Indian one. The sequence is the one on Enforce: a demand notice from an Indian firm, in Indian legal form, at the registered office; a negotiation window in which most claims settle; and, if it closes unpaid, the instrument the case supports — a Section 9 petition for an undisputed debt above the threshold, a summary suit on written instruments, a Section 138 complaint if there is a dishonoured cheque. Section 9's weight is that admission removes the board's control of the company, which is why a functional Indian debtor with a clear debt usually settles before the hearing. See the Section 9 guide.
Route two: enforcing a foreign judgment
Under Section 44A of the Code of Civil Procedure, a decree from a superior court of a country India has notified as a reciprocating territory — the United Kingdom, Singapore, the UAE and others — can be executed in India as if it were an Indian decree, subject to the defences in Section 13 (jurisdiction, natural justice, fraud, public policy, and a judgment not on the merits). A judgment from a non-reciprocating country — the United States, most of the EU — cannot be executed directly; the creditor must file a fresh suit in India on the judgment, with the foreign judgment as evidence. Both routes take time, and both end in execution against assets, which is a further process.
Route three: enforcing a foreign arbitral award
India is a party to the New York Convention. An award from a Convention country is enforceable in India under Part II of the Arbitration and Conciliation Act, subject to the limited grounds for refusal the Convention allows. Enforcement still takes time before an Indian court, and a settlement conversation backed by the award usually moves faster than the enforcement itself.
Which is faster
Often the fresh Indian route. A creditor holding a US judgment must file a suit on it in India — a full civil proceeding — whereas a Section 9 petition on the same underlying debt, if it is undisputed and documented, applies direct pressure to a functional debtor within weeks of the notice. The assessment weighs what you hold, what the debtor is, the documentation, the threshold, and the cost and time of each route, and recommends one. Nothing is filed without your written approval.
What you need to send
Invoices, the contract or purchase orders, proof of shipment or delivery, the statement of account, dispute and promise correspondence, and — if you hold one — the judgment or award with its record. Copies suffice to begin. How the claim is handled from intake, and how we report in your working hours, is on Debt collection in India for international suppliers.
Sources and regulation
| Instrument | What it does | Source |
|---|---|---|
| Code of Civil Procedure, 1908 — Sections 13, 14, 44A | Foreign judgments: conclusiveness, presumption, execution of decrees from reciprocating territories | indiacode.nic.in |
| Arbitration and Conciliation Act, 1996 — Part II, Sections 44–52 | Enforcement of New York Convention awards | indiacode.nic.in |
| Insolvency and Bankruptcy Code, 2016 — Sections 5(20), 8, 9 | Operational creditor's route, open to foreign creditors | ibbi.gov.in |
| Limitation Act, 1963 — Article 101 | Limitation for a suit on a foreign judgment | indiacode.nic.in |
Thresholds, limitation periods and procedures change. This guide describes the position as generally understood at the time of writing and is not legal advice; confirm the current rule before acting.
If this is your situation: you are outside India and an Indian company owes you money.
How we recover in India