61 articles found in India

Register early: India operates a territorial IP system. International registrations do not grant automatic local protection; early filing via the Madrid Protocol or direct national routes is essential. Use customs...

Foreign direct investment (FDI) in Indian infrastructure operates up to 100% under the Automatic Route, but strict compliance with Press Note 3 rules applies if ultimate beneficial owners stem from...

Foreign companies can sue directly in India's Commercial Courts if the commercial contract dispute meets the minimum claim threshold of INR 300,000. Mandatory pre-institution mediation applies under Section 12A of...

Foreign creditors hold equal legal standing under India's Insolvency and Bankruptcy Code (IBC), 2016, with no requirement to establish an Indian entity or branch to enforce claims. The minimum default...

Civil courts have sole jurisdiction to declare legal ownership title and grant emergency injunctions. Revenue courts only manage administrative land tax registers and mutation entries. Land revenue records (such as...

Pre-litigation mediation is mandatory in India for commercial disputes under Section 12A of the Commercial Courts Act, 2015, unless you require urgent interim relief. Mediated settlement agreements carry the force...

India DPDP Act Compliance: 2026 Guide for Foreign Firms If your business targets the Indian market, passive compliance with data privacy regulations is no longer an option. The Data Protection...

Guide to FDI Approvals and FEMA Compliance in India India is one of the world's top destinations for foreign direct investment (FDI). However, entering this market requires navigating a strict...

The Reciprocating Divide: Enforcing a foreign judgment in India depends heavily on whether the originating country is recognized as a "reciprocating territory" under Section 44A of the Civil Procedure Code....

For global corporations, entering India through a joint venture (JV) offers a powerful mechanism to leverage local expertise, distribution networks, and regulatory goodwill. However, executing a cross-border JV in India...

Guide to Indian SCOMET Export Authorization for Tech Firms Practical Snapshot Digital Exports Matter: SCOMET controls apply to software, source code, design blueprints, and technical data transmitted electronically (via cloud,...

Choose the right structure: Decide between an incorporated equity joint venture (JV) or a contractual alliance based on your long-term goals and risk limits. Strict regulatory compliance: Every foreign investment...

Choice of seat governs procedural law: Selecting a seat outside India, like Singapore or London, shields the proceedings from local court interference. Assess Section 9 carefully: Decide whether to allow...

Winning an international arbitration is only half the battle. If your counterparty is an Indian company, the real test begins when you seek to recover funds. Historically, foreign businesses feared...

SCOMET Internal Investigations vs. Government Audits in India: A Corporate Survival Guide If you manage dual-use technology, software, or advanced equipment in India, SCOMET (Special Chemicals, Organisms, Materials, Equipment and...

Regulatory Shift: Under rules in effect in 2026, Designated Depository Participants (DDPs) process Foreign Venture Capital Investor (FVCI) registrations on behalf of SEBI. This streamlines the onboarding process. Valuation Freedom:...

Negotiating Indemnity in Indian IT Outsourcing Contracts In cross-border IT outsourcing, indemnity clauses are your primary shield against operational and financial disaster. When outsourcing to India, a poorly negotiated contract...

Control Shifts under IBC: Initiating NCLT proceedings replaces the company's board with a court-appointed professional, transferring operational control to the Committee of Creditors. Bilateral Restructuring Control: Out-of-court restructuring keeps the...

Mirror terms in the charter: Contractual deadlock provisions are useless in India unless they are explicitly incorporated into the joint venture company's Articles of Association (AoA). Avoid FEMA pricing traps:...

FEMA Compliance Checklist for Foreign Direct Investment in India Determine your route: Verify immediately whether your industry falls under the automatic route or requires prior government approval before remitting funds....