Pillsbury Winthrop Shaw Pittman LLP (JD Supra India)
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 Indian...
Indian Maternity Benefit (Amendment) Act, 2017
Under a newly amended law, many employers in India are required to increase paid maternity leave and offer on-site day care services; some of the new standards await clarification. Providing crèche (day care) facilities is now mandatory for employers with more than 50 employees.
Data Protection Laws in India
In August 2017, the Supreme Court of India passed a judgment in the case of Justice K S Puttuswamy vs Union of India (Supreme Court of India, WRIT PETITION (CIVIL) NO 494 OF 2012), in which fundamental rights, as provided in the Constitution of India, were interpreted to include the right to privacy. As a consequence of this judgment, the Government of India has an obligation both to ensure that...
Global In-House Centers in India, v2.0
GICs in India are evolving from cost-saving platforms into Innovation Centers for emerging digital technologies that can provide a competitive advantage. Recent years have seen a resurgence of interest in GICs in India across a wide range of industries driven by the shift to digital technologies.
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 India’s adoption of the use of drones, and it presents an important opportunity for industry...
Four Things You Need to Know About the Mauritius-India Protocol
International investors have frequently used Mauritius holding companies for their Indian investments, seeking to take advantage of the exemption under the India-Mauritius income tax treaty (the “Mauritius Treaty”) from Indian capital gains tax generally applicable on the disposition of shares of Indian companies. On May 10, 2016, the Governments of Mauritius and the Republic of India announced...
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 to the international nuclear liability damages pool.
Foreign Airlines Permitted to Hold Equity Stakes in Indian Carriers
On September 20, 2012, the Government of India notified the public that it has undertaken a series of reforms relating to foreign investments in the country, including allowing foreign airlines to hold up to 49 percent foreign direct investment ("FDI") in Indian airlines. This decision, coupled with significant cuts on the taxes on overseas corporate borrowers, may lure foreign investors toward...
India’s Supreme Court Limits Involvement of Indian Courts in Foreign Arbitrations
On September 6, 2012, the Supreme Court of India overruled a prior decision and acted to limit the scope of the Indian Arbitration Law and the role of Indian courts in arbitrations where the parties have chosen the seat to be outside of India. This decision, together with recent actions by the Indian government to reduce obstacles to foreign investment in certain sectors of the Indian economy,...