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Latest documents

• 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. Please see full Chapter below for more information.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

  KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the Insolvency and Bankruptcy Code, 2016 (“the Code”) in the year 2016. The Code is oriented to be the umbrella legislation in India for laws relating to insolvency and bankruptcy. At present the Code only governs rehabilitation and liquidation of companies and extends to guarantors. Please see full Chapter below for more information.

• International Arbitration Focus: India

  This is the final Reed Smith newsletter on international arbitration in 2022, and it focuses on a single country – India. Today, India is a unique proposition, mixing a rich past, a young population and an exciting future. That was perhaps not always the global perception. But in this century and looking forward, India arguably occupies the single most interesting position amongst large nations. It is on the verge of becoming the most populous nation in the world. As its self-confidence grows, so do its ambitions, led by forward-thinkers who have worked tirelessly to bring India into the modern world. The bureaucracy has perhaps not yet been satisfactorily overcome, but India has nevertheless shown itself to be both astute and determined on the world stage. Please see full Publication below for more information.

• 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.

Featured documents

• Article Alert: Trivedi Talks Indian Privacy

  India recently adopted a privacy and data security regulatory regime that fills the previous void of any such regulation with requirements that may force companies with operations in India and companies that outsource certain functions to Indian service providers to change the way they operate in...

• REGULATORY: Global Competition Law: India Coal Complaint Sets Off Explosive Fine by Suzanne Rab

  The Competition Commission of India (CCI), India’s antitrust watchdog, has fined ten explosives companies a total of 600 million rupees (approximately USD 11.5 million/ EUR 8.7 million) for rigging bids put out by Coal India Limited (CIL). The CCI imposed a fine on the explosives manufacturers...

• The Madrid Protocol: A Passage to Indian Trademark Registration

  The Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”) provides a simple, unified, cost-effective means for citizens of member countries (including the United States) to register their marks in other member countries. By using the Protocol, trademark owners...

• Embassy of India Changes Service Providers

  The Embassy of India in Washington, D.C. has named Cox & Kings Global Services Pvt. Ltd. (“CKGS”) as the new service provider for Indian Visas, Overseas Citizenship of India (“OCI”), Person of Indian Origin (“PIO”), Renunciation Certificates, and additional support services. CKGS will begin its...

• Depositions in India

  The first step (and possibly the longest) in preparing to take depositions in India is to obtain a visa to enter the country. A visa is required for any U.S. citizen traveling to India, and the process to secure an Indian visa can be quite lengthy. It is recommended to allow at least 3 weeks for...

• India Ratifies International Convention on Nuclear Energy Accident Liability

  The government of India ratified the Convention on Supplementary Compensation (CSC) for Nuclear Damage on February 4, 2016, making India a part of the global agreement establishing standards for compensation of victims of nuclear accidents. Prior to the ratification of the CSC, nuclear power...

• India’s Competition Authorities Investigate Monsanto

  Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco abused their dominant positions as suppliers of genetically modified cotton...

• India and Singapore Sign Memorandums of Understanding

  The MoUs aim to encourage greater business collaboration and exchange between the two countries. On October 4, Singapore signed three memorandums of understanding (MoUs) with India following talks between the two countries as part of the ongoing state visit by the Prime Minister of Singapore to...

• India’s Parliament Passes Increased Maternity Leave

  India’s Parliament has officially passed an increase to maternity leave in India. The new law entitles most mothers to 26 weeks of paid leave......

• Indian Supreme Court Declares the Right to Privacy a Constitutionally-Protected Fundamental Right

  In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India....