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- Establishing A Business Entity In India (Updated)
1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India. Please see full Chapter below for more information.
- Buying and Selling Real Estate in India (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade. The developments in real estate sector has been influenced by the all-around developments in the retail, hospitality, entertainment, education, and information technology sectors. Major factors contributing to this development are favorable demographics, increased purchasing power, existence of customerfriendly banks and housing finance companies and favorable reforms initiated by the government to attract global investors. Further, increase in the business opportunities and migration of the labor forces acting as a fuel has increased the demand for commercial and residential space. Please see full Chapter below for more information.
- PASL Wind Solutions Pvt Ltd v. GE Power Conversion India Pvt Ltd: The Indian Supreme Court Clarifies that Two Indian Parties Can Choose a Foreign Arbitral Seat
On 20 April 2021, the Indian Supreme Court in PASL Wind Solutions v. GE Power Conversion India, clarified that two Indian parties can choose a foreign arbitral seat and that parties to such foreign seated arbitrations will be able to obtain interim relief from the Indian courts. The Supreme Court’s decision (available here) settles an important question of law and upholds party autonomy.
- Supreme Court of India ruling allows for foreign-seated arbitrations between Indian companies
The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives much-needed clarity to previously unclear precedent on these points.
- India: Q&A - Employer COVID-19 Vaccination Policies (UPDATED)
WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for India have been updated with new questions since its initial publication in January.
- New Efforts to Manage India’s Second Wave of COVID-19 Infections
As has been well-documented over the past several weeks, India has experienced a significant second wave of COVID-19 infections. In light of the unprecedented surge in COVID-19 cases across the country, at least 11 Indian states and union territories have imposed COVID-19 restrictions. This past weekend, the eastern state of Odisha and the northern industrial state of Haryana became the latest to announce new lockdowns, joining Delhi, Karnataka, Maharashtra and West Bengal, among others.
- The Group of Companies Doctrine - Assessing the Indian Approach
Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to arbitrate. In limited circumstances, however, the arbitration agreement may also bind non-signatories. A variety of legal doctrines have been used, albeit sparingly, to establish consent on the part of non-signatories. The majority of these doctrines are derived from well-established principles of contract, company, and agency law in domestic legal systems. One theory that has grown specifically out of arbitral practice and jurisprudence is the “group of companies” doctrine. As the name suggests, the “group of companies” doctrine provides, in broad terms, that a non-signatory may be bound by an arbitration agreement if it forms part of the same group of companies as a signatory and all the parties to the arbitration agreement mutually intend that the non-signatory be bound by it. The parties’ intentions are typically ascertained through their conduct, which includes a consideration of whether the non-signatory participated in the negotiation, performance, or termination of the contract. Originally published in the Indian Journal of Arbitration Law - March 2021. Please see full Publication below for more information.
- Foreign Investment in India: What Foreign Investors Need to Know
India, one of the world’s largest economies, remains an attractive market for foreign direct investment (FDI). Since 1991, the Indian FDI legal and regulatory framework has seen continuous reforms. Foreign investors can invest in most sectors of the Indian economy without the Government of India’s (GOI) prior approval. The two channels are commonly referred to as the “automatic route” and the “approval route.” However it is important to note that certain sectors are entirely prohibited from accepting FDI, and certain sectors under the approval and the automatic routes are subject to FDI caps...
- Buying and Selling Real Estate in India
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade. The developments in real estate sector has been influenced by the all-around developments in the retail, hospitality, entertainment, education and information technology sectors. Major factors contributing to this development are favorable demographics, increased purchasing power, existence of customer-friendly banks and housing finance companies and favorable reforms initiated by the government to attract global investors. Further, increase in the business opportunities and migration of the labor forces acting as a fuel has increased the demand for commercial and residential space. Please see full Chapter below for more information.
- India: Q&A - Employer COVID-19 Vaccination Policies
We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Bhuvana Veeraragavan of AZB & Partners shares her view from India.
- Restriction of Sale of Property on Power of Attorney
The Supreme Court of India (“SC”) in a landmark judgment delivered on Wednesday, October 12, 2011, held that the General Power of Attorney (“GPA”) method for sale of immovable property is not a valid form of transfer of property. SC opined that (i) a Power of Attorney is not an instrument of...
- Solar Trade Wars Continue To Escalate
On September 18, 2012 the Government of India initiated an antidumping case on solar cells (wafer or thin film) originating from the United States, China, Taiwan, and Malaysia. Separately, on September 6, 2012, the European Commission initiated an antidumping duty investigation on imports of...
- Expect Significant EB-2 India Retrogression In December
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular immigrant visa application. Individuals with a priority date that is earlier ...
- The Start of a Promising New Relationship Between the U.S. and India
Narendra Modi, the newly elected prime minister of India and leader of more than 1 billion people, made his maiden visit to the White House at President Obama’s invitation en route to the U.N. General Assembly. Last May, Modi and his Bharatiya Janata Party won the popular vote with a clear majority ...
- Reform of Dispute Resolution Processes in India
This article considers changes brought about by two Ordinances recently promulgated by the President of India: (i) the Arbitration Ordinance which amends the Indian Arbitration Act; and (ii) the Commercial Courts Ordinance, which provides for the establishment of Commercial Courts across India....
- India Considers Coupling its Government Incentives with Innovative Financing Mechanisms to Achieve its Aggressive Renewable Energy Targets
India’s story for the last decade has been one of rapid industrialization and a growing thirst for energy, regardless of the carbon profile of the energy source. As the world moves towards carbon conscious energy generation, there has been a global push to direct this rapid industrializer towards...
- Doing Business in India? Time to Catch Up on GST Implications!
The introduction of a Goods and Services Tax “GST” in India is quickly approaching and will have an impact on all global businesses. Our friends at Khaitan & Co., one of the oldest and largest Indian law firms, recently put out an alert on GST implications. Read their alert below and register to...
- Notification of Provisions under the Companies Act, 2013
India’s Ministry of Corporate Affairs (MCA) issued a notification on December 7 (Notification) announcing that certain provisions of the Companies Act, 2013 (Act), which are currently not in effect, will come into force on December 15, 2016....
- India: Foreign Investment Promotion Board Abolished
The Union Cabinet approves abolition of the FIPB—a move consistent with the Indian government’s ongoing efforts to increase the ease of doing business in the country....
- Littler Global Guide - India - Q4 2017
Delhi High Court: “Mere Physical Contact” Not Sexual Harassment - On October 31, 2017, the Delhi High Court passed a landmark judgment in the case of Shanta Kumar v. Council of Scientific and Industrial Research (CSIR) wherein it was held that mere physical contact without sexual overtones would ...