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

  • Recent Issuance of Privacy Rules in India May Impact Outsourcing Transactions

    India has been under pressure from the outsourcing community for some time to implement standard rules regarding the protection of personal information. On April 13, India quietly issued final rules under its Information Technology (Amendment) Act, 2008 (the IT Act) regarding the protection of...

  • Proposed Tax Changes in India may have a significant impact on International Investors

    On March 16, 2012, India’s Finance Minister presented the country’s budget for the fiscal year beginning April 1, 2012, which included proposed legislation that seeks to reverse the decision of (India’s) Supreme Court in the Vodafone case and makes several other significant amendments to (India’s)...

  • India: The Quixotic Balancing Of Benefits And Risks

    I used to say – if your business operates in China, you are likely violating the FCPA in one way or another. Permit me to revise my admonition: if your business operates in India, you are likely violating the FCPA in one way or another....

  • India Agrees “In Substance” to Model 1 FATCA IGA

    The U.S. Treasury announced that on April 11, 2014, India agreed “in substance” to sign a Model 1 FATCA IGA with the US. The IGA would therefore require Indian financial institutions to report information on U.S. account holders to India’s Central Board of Direct Taxes, which would then share the...

  • India Shows a Way

    Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim Tax Institute, February 19-20, reaffirming India’s commitment to a new non-adversarial tax regime to encourage foreign investment and fair...

  • India Takes the Next Step in Forming Its Nuclear Liability Framework

    On February 4, 2016, India submitted to the International Atomic Energy Agency (IAEA) its Instrument of Ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC). Under the applicable rules, the CSC will take effect for India 90 days after ratification, giving it access...

  • Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

    On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of shares of Indian companies acquired on or after April 1, 2017. Although...

  • U.S.-India Newsletter - Vol. 2016, Issue 3

    Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and brought about a regime change in the UK as Theresa May took over as...

  • The introduction of GST to India - What businesses should look out for in 2017

    The Constitution Amendment Bill for Goods and Services Tax (GST) has been approved by The President of India and the GST council have decided to enforce GST from 1st July 2017....

  • Managing Decommissioning Risks In Asian M&A Transactions

    By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900 fields will cease production (with 45% of such fields being offshore), and 800 platforms will require decommissioning. The total cost ...

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