India

News & Analysis as of

Masala bonds - A taste of things to come?

Borrowing by Indian companies from the overseas market or 'External Commercial Borrowings' (commonly referred to as ECBs), is regulated by the Reserve Bank of India (RBI) and is governed by the various rules specified by the...more

Indian Supreme Court Upholds Criminal Defamation and an Individual “Right to Reputation”

On May 13, 2016, the Indian Supreme Court issued a landmark verdict rejecting a series of petitions that challenged the criminal defamation provisions of the Indian Penal Code (IPC) on the basis that they violate free speech...more

Listing Indian Companies on the Hong Kong Stock Exchange

India is now included as an “acceptable jurisdiction” by The Stock Exchange of Hong Kong Limited (the “HKEx”). The HKEx also published a new “Country Guide – India” (the “India Guide”) relating to India-incorporated issuers....more

Doing Business in India? Time to Catch Up on GST Implications!

The introduction of a Goods and Services Tax “GST” in India is quickly approaching and will have an impact on all global businesses. Our friends at Khaitan & Co., one of the oldest and largest Indian law firms, recently put...more

Department of State Releases August 2016 Visa Bulletin

The EB-2 Worldwide category and the EB-1 China and India categories have retrogressed. The US Department of State (DOS) has released its August 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

India Supreme Court Clarifies Standard for Enforcement of Indian Prevention of Corruption Act

Earlier this year, the Supreme Court of India clarified the standard necessary to prove violations of India’s Prevention of Corruption Act, 1988 (“PCA”), in a ruling that may limit enforcement of the PCA and that has...more

Department of State Releases August 2016 Visa Bulletin

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

August Visa Bulletin: New EB-1 Cutoff for India/ China & EB-2 Cutoff for All Other

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

Prime Minister Modi’s Visit to the U.S.: U.S., India Seek Stronger Ties, Increased Trade

The world’s largest democracy and the world’s most powerful democracy continue to seek ways to create deeper ties. Given larger geopolitical trends, it appears the relationship is blossoming, which presents opportunities for...more

Avastin Biosimilar Launches in India

Hetero Drugs Ltd. has announced the launch of a biosimilar for Roche’s Avastin® (bevacizumab) in India. Hetero is marketing the drug under the brand name “CizumabTM” as a treatment for metastatic colorectal cancer....more

New Opportunities for Private Equity in India

New Insolvency Code and Asset Reconstruction Companies - ..Prior to the new code, insolvency proceedings in India lasted several years and effectively allowed management and owners to run these companies for their own...more

Mission India Announces Significant Delays in US Nonimmigrant Visa Processing

Expect further delays throughout the summer. The US Department of State recently announced that US consular posts in India are experiencing unusually long wait times for nonimmigrant visa (NIV) interview appointments....more

India Heralds Radical Change in FDI Policy

With amendments to its foreign direct investment policy, India seeks to attract foreign investment in the country. On June 20, the government of India (GOI) issued a press release announcing major changes to its foreign...more

Indian Government Relaxes Restrictions on Foreign Direct Investment

The Indian government announced on June 20, 2016 new rules for foreign direct investment (FDI), allowing for up to 100% FDI in certain sectors, including defense and civil aviation. The changes also relax the local sourcing...more

Travel Alert: Extensive Visa Wait Times at U.S. Consular Posts in India

Seyfarth Synopsis: Department of State reports extensive wait times for visa appointments at consular posts in India. Foreign nationals planning to apply for a visa stamp in India this summer should expect wait times...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

Department of State Releases July 2016 Visa Bulletin

July sees minor advancements in EB-3 categories following a retrogression in June. The US Department of State (DOS) has released its July 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

In the Global Trenches: India’s Interesting Cultural Paradox

Prime Minister Modi addressed the US Congress on June 8th. The last Indian prime minister to do so was Manmohan Singh in 2005....more

International Investment Arbitration in Asia: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Global Tax News: India announces fundamental changes to the India-Mauritius double tax treaty

The Government of India announced in a press release dated May 10, 2016 that Mauritius and India have signed a protocol amending the agreement for avoidance of double taxation with Mauritius. The text of the protocol is...more

Quicker, easier and cheaper? New Rules for patent prosecution in India

Several notable amendments to India’s patent Rules came into effect on 16 May 2016, following the publication of draft Rules in November last year. The new Rules, which seek to fast track applications and introduce a number...more

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...more

Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of...more

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...more

India-Mauritius Tax Treaty Amended

The amendments are a result of long-drawn negotiations between the two countries. India and Mauritius signed a Protocol on May 10 to amend the India-Mauritius double taxation avoidance treaty. The Protocol grants India...more

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