OUR COMMERCIAL CONTRACTS SERVICES

Commercial Contracts & Agreements in India

India’s commercial contracts are governed principally by the Indian Contract Act 1872 and the Specific Relief Act 1963, supplemented by sector-specific statutes and, for cross-border arrangements, principles of private international law and foreign exchange laws if the agreement involves investment within or outside India. These instruments define the framework within which every commercial contract in India operates — from offer and acceptance through to remedies for breach. Our commercial contracts practice covers the full transaction spectrum: from standard vendor agreements for domestic operations to complex cross-border joint venture structures serving international markets.

Commercial Contracts and Agreements

Every business relationship requires a contractual foundation tailored to the specific transaction — not adapted from a generic template. ATB Legal drafts and reviews agreements across all categories of commercial transaction, ensuring obligations are clearly defined, risk allocation is commercially appropriate, termination provisions are enforceable, and dispute resolution mechanisms are suited to the parties and subject matter. Major Contract types handled include supply and procurement agreements, distribution and agency agreements, manufacturing and outsourcing arrangements, retainership and service agreements, franchise agreements, non-disclosure and confidentiality agreements, and general commercial agreements across sectors from technology to consumer goods.

Shareholders Agreements and Joint Ventures

Where two or more parties hold equity in the same company, the shareholders agreement governs their relationship — covering reserved matters, board composition, transfer restrictions, drag-along and tag-along rights, pre-emption, exit mechanisms, and deadlock resolution. Without a tailored shareholders agreement (SHA), the Companies Act 2013’s default provisions apply, which rarely reflect the commercial agreement between the parties and in many cases, even the provisions of Companies Act, 2013 are silent, which gives rise to disputes between the shareholders. Our firm drafts and negotiates SHAs and joint venture agreements for Indian entities across all ownership structures — including cross-border JVs where shareholders are domiciled in the UAE, GCC, or European jurisdictions.

Technology and Licensing Contracts

India’s technology sector generates a distinct category of commercial contract: software development agreements, SaaS terms, API access and integration agreements, technology transfer arrangements, white-labelling agreements, and platform terms of use. These contracts carry IP ownership, DPDPA 2023 data protection, liability cap, and indemnity provisions that require specialist drafting. Our lawyers and experts advise technology companies, SaaS providers, and enterprise software clients on the full suite of technology contract documentation, integrating copyright ownership provisions and dispute escalation mechanisms tailored to the technology context.

Cross-Border and India-UAE Commercial Contracts

Cross-border contracts involving Indian parties require careful structuring of governing law, jurisdiction, arbitration clauses, and currency provisions. For India-UAE contracts specifically, the choice between Indian law, UAE law, and a neutral law such as English or Singapore law has material consequences for enforcement and available remedies. FEMA considerations arise wherever payment flows cross borders. ATB Legal’s dual India-UAE presence enables coordinated drafting of cross-border contracts that are commercially effective and legally enforceable in both jurisdictions simultaneously.