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

  • India Issues Clarification of Recent Privacy Rules

    As mentioned in a prior post on this blog, earlier this year the Indian Ministry of Communications and Information Technology issued new privacy and data security rules under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules,...

  • Blanket L Visa Applications in India May Only Be Filed in Chennai; Visa Services in Mumbai Suspended November 15–21

    Effective December 1, 2011, the U.S. Consulate in Chennai will be the sole U.S. Consulate in India to accept applications from foreign nationals applying for an intracompany transfer to the United States under the blanket L visa program. The U.S. Embassy in New Delhi and the U.S. Consulates in...

  • Indian Patent Office Grants Compulsory License for Bayer’s Nexavar: Implications for Multinational Drug Companies

    The Controller General of Patents Designs and Trademarks of India (“Controller”) recently granted Natco Pharma Limited (“Natco”), an Indian drug manufacturer, a compulsory license for Bayer AG’s (“Bayer”) Nexavar (sorafenib), an oncology drug that extends the patient’s life but does not cure the...

  • 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...

  • "Reforming Retail: India Allows FDI in Multi-Brand Retail"

    On September 14, 2012, the Indian government announced that it would relax restrictions on foreign direct investment (FDI) in multi-brand retail. India — a country that traditionally excluded foreign investment—opened its doors to global supermarkets, such as Wal-Mart and Tesco. While the decision...

  • 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...

  • The Madrid Protocol: Passage to India Now Open

    We previously reported that India was scheduled to become the 90th member of the Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”). We noted that this was a gratifying prospect, since India’s National Trademark Office is notoriously overburdened and slow-movin...

  • Retrogression for EB-2 Petitions from India

    Many foreign nationals from India were disheartened to learn that the priority cut-off date for the EB-2 work visa recently retrogressed by nearly four years, further delaying the approval process....

  • DOS Forecasts Significant Advancement of EB-2 India Cut-off Date; Slow Down in EB-3

    The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process......

  • EB-2 India Retrogresses Significantly in November

    As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference category (EB-2) for Indian nationals will retrogress more than four years,...