JD Supra India

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • 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.

  • Recent Amendments to Arbitral Laws: India and Singapore

    Two important arbitral jurisdictions in Asia have recently amended their arbitration laws. On November 4, 2020, the President of India passed an ordinance amending the Arbitration and Conciliation Act (the Indian Act), which entered into force with immediate effect. On December 1, 2020, amendments to the International Arbitration Act (the Singapore Act) entered into force.

  • India’s Energy Transition Towards A Green Hydrogen Economy

    India is motivated towards stronger energy transition actions beyond its current climate change initiatives, aggressive renewable energy, electric vehicle (EV) Infrastructure buildout; and energy diplomacy initiatives. The imperative to de-carbonise the Indian economy is drawn from the poor air quality in Indian cities, high fossil fuel import bill and concerns about India’s energy security. Despite national efforts with climate change actions, India’s fossil fuel consumption, of both oil and gas, as well as that of coal, is expected to continue to rise to meet the economy’s voracious appetite for energy in any form. Electric vehicles, battery technology and renewable energy growth seemed to offer the only hope to de-carbonise the economy with unanswered questions of energy storage and critical supplies of battery components, including rare earths and metals, creating only a tentative path for energy transition and a zero-carbon future. Please see full Publication below for more information.

Featured documents

  • Fourth Edition of the Consolidated FDI Policy Released by DIPP

    The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (“DIPP”) on September 30, 2011 released the fourth edition of the consolidated FDI Policy of India vide Circular 2 of 2011.

 

 As per the DIPP, some of the major revisions to...

  • Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

    On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration community, a five-judge constitutional bench of the court overruled Bhatia...

  • Foreign Investment in Multi-Brand Retail Trading in India: Government issues clarifications

    In September 2012, the Government of India (GoI) permitted foreign direct investment (FDI) up to 51% of the equity of Indian entities engaged in multi-brand retail trading (MBRT) in India (see our earlier alert of October 2012).
 
 
 
 In view of the significant political opposition ...

  • Major Retrogression in the EB-2/India Immigrant Visa Category Expected in the Fall of 2014

    The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual may begin the final phase of the “green card” process, either through adjustment of status or consular processing of an immigrant visa application. Those with a priority date that ...

  • Further reassurance from the Indian Supreme Court for companies arbitrating Indian disputes abroad

    Three years after its landmark judgment in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services, Inc., the Supreme Court of India in its decision in Union of India v. Reliance Industries has reaffirmed its commitment to adopting a pro-arbitration, anti-interventionist approach to...

  • India Relaxes Rules on Foreign Direct Investment in E-Commerce

    In Press Note No. 3 released on 29 March 2016 the Government of India (Ministry of Commerce & Industry, Department of Industrial Policy and Promotion) announced that foreign direct investment (“FDI”) of up to 100% would be permitted under the automatic route in the marketplace based model of e-c...

  • Avastin Biosimilar Launches in India

    Hetero Drugs Ltd. has announced the launch of a biosimilar for Roche’s Avastin® (bevacizumab) in India. Hetero is marketing the drug under the brand name “CizumabTM” as a treatment for metastatic colorectal cancer....

  • India and Singapore Sign MoU on Industrial Property Cooperation

    The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation.
 
 
 
 In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of understanding on industrial property cooperation (IP MoU). The...

  • Global Employee Equity at a glance: India

    Stock Option Plans: Employment -

 

 Labor Concerns -

 

 There is a risk that Plan benefits could be considered part of an employee's salary for the purposes of calculating entitlements on termination of employment. An employee should therefore be required to...

  • Anti-Bribery Compliance Meets Permits, Approvals and Licences in India

    Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities. Originally published by IBA Anto-Corruption Committee in October 2017....

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