Commercial Agreements & Legal Drafting Services

Under Section 10 of the Indian Contract Act, 1872, an agreement is legally enforceable if it is entered into by free consent of competent parties, for lawful consideration, with a lawful object, and is not expressly declared void. Additionally, to be admissible as evidence in an Indian court, it must be adequately stamped with appropriate state stamp duty.

Under the Indian Stamp Act, 1899 and respective State Stamp Acts (such as the Tamil Nadu Stamp Act), an unstamped or insufficiently stamped agreement cannot be admitted into evidence in court, nor can an arbitration clause contained within it be enforced without paying the deficient duty plus penalties that can reach up to ten times the original amount.

Yes. Under the Information Technology Act, 2000, electronic agreements executed using recognized Digital Signature Certificates (DSC) or Aadhaar-based e-Signatures carry the same legal validity and enforceability as physical ink signatures. However, specific documents—such as powers of attorney and immovable property conveyances—still require traditional physical execution.

An agreement is simply a mutual understanding, promise, or arrangement between two or more parties. A contract is an agreement that meets all statutory conditions of the Indian Contract Act and is enforceable by law. While all contracts are agreements, not all informal agreements qualify as legally enforceable contracts.

A Master Service Agreement (MSA) establishes the foundational legal terms—such as liability limitations, IP ownership, confidentiality, and dispute resolution—which remain stable across all transactions. Individual Statements of Work (SOWs) detail project-specific scopes, pricing, and deadlines. This structure allows you to onboard new projects swiftly without renegotiating legal terms each time.

We structure two-tiered liability provisions: first, an express waiver excluding all indirect, consequential, punitive, or loss-of-profit claims; second, an aggregate monetary cap limiting total direct liability to the total fees actually received by your entity under the specific Statement of Work over the preceding 6 or 12-month period.

Under Section 27 of the Indian Contract Act, any agreement that restrains anyone from exercising a lawful profession, trade, or business is generally void. Non-compete covenants active *during* the term of employment or business association are enforceable. However, post-termination non-competes are rarely enforced by Indian courts, making robust non-solicitation and confidentiality clauses the primary legal protection.

Yes. A major part of our practice involves contract vetting and adversarial redlining. We conduct a clause-by-clause risk review of counterparty contracts, identify unfavorable indemnity or payment clauses, insert protective legal provisions, and provide an executive summary highlighting recommended negotiations.

Civil court litigation in India can take several years across multiple appeals. Incorporating an arbitration clause governed by the Arbitration and Conciliation Act, 1996 allows disputes to be resolved privately, confidentially, and significantly faster before a qualified sole arbitrator, with awards carrying the exact enforceable power of a court decree.

Standard agreements (such as NDAs, Service Agreements, and Vendor Contracts) are drafted and delivered within 24 to 48 business hours. Complex multi-party contracts (such as Shareholders' Agreements, JV Pacts, or cross-border distribution agreements) are typically drafted and reviewed within 3 to 5 business days.