JD Supra (JD Supra India)

235 results for JD Supra (JD Supra India)

  • 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

  • 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...

  • 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 “app

  • 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...

  • 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....

  • Foreign direct investment reviews 2020: A global perspective - India

    Government approval is required for all foreign investments from countries sharing a land border with India - Non-residents investing in India are required to comply with India's Foreign Direct Investment (FDI Policy and other foreign investment and foreign exchange regulations, including the Foreign Exchange Management Act (FEMA) and the regulations and notifications thereunder. The...

  • India Announces New Opportunities for Defense Contractors, Investors

    As part of the Indian government’s initiatives to revitalize the Indian economy, particularly defense manufacturing, it recently announced new initiatives aimed at foreign defense contractors and investment. The Indian government will allow direct purchases from foreign contractors as long as the procured item contains a minimum of 50 percent domestic content that is manufactured by an

  • What Do I Need To Know About Valuing a Coal-Based Power Plant in India?

    As the world shifts toward renewable energy sources, south Asia’s dominant economy expects to reduce its dependency on coal-based power plants. But it will still need to rely on coal consumption to meet its growing electricity needs. Therein lies opportunity — but not without certain risks.

  • How and Why to Value Coal-Based Power Plants in 2020

    India is the third largest producer and consumer of electricity in the world. The total installed capacity in India has increased from 174 gigawatts (“GW”) in fiscal year (“FY”) 2011 to 370 GW in FY2020; a compounded annual growth rate (“CAGR”) of 9 percent. The growth in installed capacity has led to a reduction in the country’s overall power deficit from 8.8 percent in FY2011 to 0.5 percent in...

  • Cadila Pharmaceuticals Announces Launch of Fourth Biosimilar in Two Months

    Today, Cadila Pharmaceuticals announced the launch of its adalimumab biosimilar, Cadalimab™, in India. HUMIRA® (adalimumab) is approved to treat rheumatoid arthritis, psoriatic arthritis, ankylosing spondylitis and psoriasis.

  • A Review of India’s Contact-Tracing App, Aarogya Setu

    The Government of India’s Ministry of Electronics and Information Technology (MeitY) agency launched Aarogya Setu, a contact-tracing mobile application. Aarogya Setu has been created by the National Informatic Centre (NIC) in response to the COVID-19 crisis, as a way to collect and understand public health-related data. Please see full Publication below for more information.

  • International Biosimilars Market Update

    India-based Cadila Pharmaceuticals announced the launch of its bevacizumab biosimilar for the Indian market under the brand name BEVARO. Bevacizumab is a biosimilar of Genentech’s AVASTIN and is indicated for the treatment of multiple cancers, including ovarian cancer, glioblastoma multiforme, colorectal cancer, breast cancer, lung cancer, cervical cancer, and kidney cancer.

  • India bans multiple Chinese apps

    Report on Supply Chain Compliance 3, no. 14 (July 23, 2020)  - Following a deadly clash between Indian and Chinese forces along the Himalayan border area, India’s government decided on June 29 to ban 59 Chinese apps. The Indian Ministry of Electronics and Information Technology issued a news release explaining that the apps were engaged in activities that threatened India’s national...

  • Blog: Convertible Notes in Southeast Asia and India – What Founders Should Know

    Often viewed as a quick interim source of funding until the next round of equity financing, convertible notes have become ubiquitous in Southeast Asia and India for many early-stage and even late-stage companies looking to raise capital.

  • Blog: Three Common Corporate Governance Issues in Southeast Asian and Indian Startups

    For many entrepreneurs and investors who are familiar with the US venture capital scene, you may be surprised to hear the details of the bespoke corporate governance terms that are often negotiated in Southeast Asia and India deals, some of which are ordinarily viewed as non-starters or off-market in the US.

  • Blog: Indemnification in Venture Capital Deals in Southeast Asia and India

    One thing that we can say for sure is, never say never. As with anything else in life, an investment carries both known and unknown risks. A company may have current or historic issues that create liabilities. The company may also have known risks associated with its line of business, and unknown risks associated with outside events it can’t control, such as the behavior of customers or vendors,...

  • Blog: Becoming a Director in an Indian Company

    Here are a few things that an investor should keep in mind when considering whether to become a director of an Indian company.

  • Blog: What Foreign Investors Should Know When Investing In India

    With India’s strong ties with Silicon Valley and its maturing tech and startup ecosystem, outside investments in Indian companies are becoming increasingly common. However, the Indian economic and legal regime has some unique characteristics. Here are a few things you should consider before investing...

  • COVID-19 – Implications for the Indo-German supply chains

    India’s biggest export markets are the US and the EU. In particular Germany and India have an extensive trade history with bilateral trade amounting to Euros 21.9 billion in 2017-2018. Key sectors include IT, automotive, and especially pharma. Germany is one of the main buyers of Indian generics in the EU.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in India

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - Suspension due to Coronavirus: Considering the adverse global impact of Coronavirus across the industry and the economy, filing of new cases under the (Indian) Insolvency and Bankruptcy Code, 2016 (“the Code”) has been suspended for the period of six months, extendable to one year, in relation to defaults...

  • “Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

    Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a foreign arbitral award that was rendered in accordance with a “two-tier arbitration” agreement. See Centrotrade Minerals & Metals, Inc. v. Hindustan Copper Limited Ltd.,...

  • Forensic Due Diligence: Another Tick in the Box?

    According to Refinitiv, a financial market data provider, the overall value of mergers and acquisitions in India amounted to US$41.6 billion in the first half of 2019. Furthermore, given the Indian Government has eased Foreign Direct Investment norms, with the aim to entice heavy foreign investments, and is looking at market growth in the interest of the buyers who are consolidating businesses,...

  • India Update: Indian Government Institutes Community and Workplace Safety Guidelines for Phased Re-Opening Following the COVID-19 Lockdown

    As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until May 31, 2020.

  • India’s Whistle Blower Mechanism: Growing Louder by the Day

    On February 25, 2020, the Ministry of Corporate Affairs of India released the Companies (Auditor’s Report) Order, 2020 (“CARO 2020”), which places additional responsibilities on the statutory auditors of the company with regard to whistle blower complaints. Please see full Publication below for more information.

  • COVID-19 in India: Lockdown Guidelines Revised

    The nationwide lockdown in India in response to the coronavirus (COVID-19) pandemic has been extended until May 3. The Indian government has permitted the operation of certain additional business activities from April 20 onwards.

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