Practice Areas

Foreign Investment in India

Advising and formulating entry strategy for India. Advising clients on various laws, rules and regulations applicable to setting up of operations in India and formulating entry strategy for India. Advising domestic and foreign clients in setting up joint ventures in India or overseas, including issues that are of critical significance to a joint venture, such as the nature of the entity to be set up, the inter-se rights between the joint venture parties and the Indian legal, tax and exchange control implications. Assisting clients in filing applications and obtaining clearances, with the various regulatory authorities, such as Foreign Investment Promotion Board, Reserve Bank of India, etc. Drafting agreements including shareholder/joint venture agreement, share purchase agreement, voting agreements, etc. Advising on the various compliance procedures under relevant laws, rules and regulations.

General Corporate Practice

Advising companies on the legal, regulatory and tax aspects of doing business in India. Assisting companies in the structuring and setting up of operations in India. Assisting in incorporation of the company by drafting of and filing the relevant incorporation documents with the Registrar of Companies (RoC). Advising and implementation of Corporate Governance. Advising clients on restructuring, including demerger / spin-off a division into a separate company, merge two companies into one, company buy-back of its shares, alteration of share capital, Advising corporates on an on-going basis on the legal and regulatory issues of day-to-day general nature, including issues relating to the quorum, location, composition, agenda and resolutions for meetings of the board of directors and shareholders voluntary and creditors' winding-up of its operations.

Advising clients on various agreements such as employment, consultancy, confidentiality, services, strategic alliance, intellectual property licenses etc.

Infrastructure

Assisting on issues pertaining to issue of shares/equity to foreign collaborates, sectoral caps, as per the Foreign Direct Investment (FDI) Guidelines;

Advising and negotiating Concession Agreements, Joint Operation and Maintenance Agreements, Built, Operate and Transfer (BOT) Agreements;

Advice on bidding, bidding alternatives including consortia formation, bidding strategies and documentation; drafting, vetting bidding documents and related Agreements;

Project documents, such as, EPC contracts, Operation & Maintenance Contracts, Shareholders Agreement, Share Subscription Agreements, Securitization Agreements like Share Purchase Agreements, Loan Agreements, Foreign Currency Loan Agreements (Individual and Syndicated Basis), Inter- creditor Agreements.

Securities and Exchange Board of India [SEBI]

Advising corporates on compliance with SEBI (Disclosure & Investor Protection) Guidelines, Disclosure Standards for Corporates and SEBI regulations relating to foreign and domestic venture capital investors, foreign institutional investors, buy-back of securities by companies, listing and delisting of securities, derivatives trading, ESOP, issue of sweat equity, insider trading prohibition.

Assisting clients in statutory and regulatory filings, disclosures, making publications and public offers, obtaining informal guidance from SEBI, etc.

Representing clients before SEBI, Securities Appellate Tribunal (SAT) and other regulatory authorities for obtaining approvals, exemptions and in enquiries under SEBI regulations

International Taxation

Advising clients on the entire range of taxation such as direct, indirect, ex-patriates, inbound and outbound investment, treaty interpretation, permanent establishment (PE) and transfer pricing. Advising clients on tax planning and strategizing, besides factoring private/public international laws into the tax strategy.

Structuring of transactions through tax favorable jurisdictions most suitable to respective transactions. Advising on transaction by Indian resident, foreign entities, on issues like treaty interpretation, withholding tax, etc.

Drafting of Secondment agreements and opinions on related issues. Obtaining advance tax rulings for clients, in respect of a transaction undertaken or to be undertaken by them.

Representing clients in tax litigations, in various forum such as Income-tax tribunals, CBDT, High Courts, Supreme Court Drafting tax related provisions in various offer documents, such as for international or domestic offerings.

Providing industry specific tax advice to e-commerce companies, banks, insurance companies, the media and entertainment sector, telecommunications sector, cross-border transactions.

Assisting our clients in globalizing their operations, including issues like holding company structure, global tax efficiency etc.

Real Estate & Property Laws

Advising foreign and domestic clients and financial intermediaries on real estate issues such as acquisition, investment, risk assessment, development, planning, environment, construction, property finance, transfer, sales, securitization and dispute resolution, in sectors like ports, hotels, plaza, etc.

Legal due diligence on immovable properties for title search to determine title verification, determination of permitted user of the property, ensuring that the property is free from any encumbrances and compliance with local laws and building bye-laws etc.

Drafting and negotiating of agreement to sell, sale deed, memorandum of understanding, lease deed, leave and license agreements.

Advised clients on all aspects of property laws, payment of stamp duties, registration of documents, etc.

Intellectual Property

Drafting, filing and pursuing registration applications in respect of copyrights, trademarks and patents. Drafting complex patent specifications relating to a wide array of technologies, filing national patent applications in India and overseas

Drafting, reviewing and negotiating a diverse range of intellectual property agreements to meet the specific needs of wide-ranging industries in India and globally, such as license agreements, trademark license agreements, etc.

Legal due diligence with specific focus on IP, involving a detailed review and documentation of IP in a company and assistance in evaluating the risks, liabilities and opportunities involved with IP.

Advising and assisting clients in enforcement of intellectual property rights, including patents, trademarks, copyrights, designs, trade secrets, licensing agreements by obtaining an injunction, appointment of a court receiver and other appropriate modes.

Coordinating with law firms in international jurisdictions in the procedural aspects of the IP registration process.

Dispute Resolution and Litigation

Formulating comprehensive strategies for dispute resolution.

Representing clients in international and domestic arbitration, including institutional arbitration such as International Chamber of Commerce, American Arbitration Association, London Court of International Arbitration.

Representing clients in international and domestic arbitration, including institutional arbitration such as International Chamber of Commerce, American Arbitration Association, London Court of International Arbitration.

Advising clients on mode and manner of arbitration including under the provisions of the Indian Arbitration and Conciliation Act, 1996.

Advising clients on choice of law and jurisdiction clauses to be used in various contractual agreements, keeping in view the provisions of the Indian Contract Act, 1872, Code of Civil Procedure, 1908 and the principles of private international law.

Advising clients in cross-border disputes on the laws of applicable jurisdiction in the light of the principles of private international law and Indian laws which govern the enforcement of foreign judgments in India.

Drafting commercial contracts for our clients, or reviewing the enforceability of clauses relating to dispute resolution such as non-compete, non-solicitation, exclusivity, etc., under the Indian laws.