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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.
- India's new merger control regime
Tomorrow, 1 June 2011, the merger control provisions of the Indian Competition Act 2002 will finally enter into force. If you are contemplating M&A activity with binding agreements being signed as of tomorrow, you will need to carefully consider this new merger control regime. ...
- 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...
- Supreme Court of India Denies Novartis Patent Application
In a landmark judgment delivered on April 1, 2013, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug Glivec. The polarizing decision has been hailed by activists as a step in the right direction for...
- Privacy Laws in Asia
Privacy rules in Asia are changing at a rapid pace. In the past three years alone, five countries have enacted brand new laws, and three countries or jurisdictions have amended existing laws to address emerging issues such as data breaches and direct marketing. Prior to this, only six laws were...
- India’s Sexual Harassment Law Invokes New Pitfalls for Employers
India recently enacted the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal Act) 2013, which protects all “aggrieved women” in the workplace from unlawful harassment. To be clear, the term “aggrieved women” includes both employees and non-employees. The Act...
- Governments Change Their Minds, Too
In a span of two years, India has done a 180-degree turn on virtual currencies. In December 2013, the Reserve Bank of India issued a press release “caution[ing] users of Virtual Currencies against Risks.” The release highlighted the danger of hacking, the absence of “an authorised central agency...
- Indian Regulator to Consider the Civil and Commercial Use of Drones
Last month, India’s civil aviation regulator, the Directorate General of Civil Aviation (DGCA), issued draft guidelines proposing a framework to regulate the civil and commercial use of unmanned aerial systems or drones (“Guidelines”). Comments are due by May 21, 2016. This is a pivotal moment in...
- Recent Changes to the India-Mauritius Tax Treaty: What Does This Mean for American Investors?
The amendments may cause some uncertainty and anxiety for U.S. investors as they consider how these changes will impact business, income, profitability and the benefits or drawbacks of investing in India through Mauritius....
- Six Tips for Taking Depositions in India
Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter rogatory requesting judicial assistance from the Honduran courts when taking a...
- India Makes Significant Changes to Maternity Benefit Entitlements
This year, India became one of the most generous providers of maternity benefits in the world when it extended the period of maternity leave available to eligible working mothers from twelve (12) weeks to twenty-six (26) weeks – a drastic jump. In addition to other changes, India introduced...