India's economy is rapidly expanding and offers unique trade and investment opportunities. Most visibly, India is quickly developing into a global center of technology, but many other sectors are also growing at an unprecedented pace. These opportunities also present particular challenges. An intricate variety of legal, regulatory, governmental and cultural barriers confronts companies trying to do business in India. Similarly, Indian companies that are globalizing and expanding their activities abroad are faced with equally complex legal, regulatory and governmental challenges.

To assist our clients, our India team offers a combination of superior cross border transactional capabilities, together with prominent regulatory, government relations, and litigation/arbitration capabilities. This combination allows us to offer clients significant depth and scope of service, keeping with our tradition of sophisticated problem solving at the intersection of business, government and regulation.

WilmerHale has longstanding experience working with US and European clients wishing to enter the Indian market and Indian companies that are active in or wish to further penetrate the US, Europe and markets in Asia. Members of our India practice team have advised Indian entities on their outbound commercial and trade relations, particularly in obtaining regulatory approvals, employment law, the structuring of transactions and defending against trade actions. And we have advised companies wishing to enter the Indian and South Asian markets in implementing investment strategies, and structuring business transactions and sophisticated market access strategies.

Our India practice focuses primarily on four areas: corporate and corporate transactions work; regulatory law, trade, investment and market access; intellectual property; and international arbitration and dispute settlement. Each of these is among the core practice areas of our firm:

  • In the corporate and transactions area, we are able to draw on the combined experience of more than 300 seasoned corporate practitioners in Europe, the United States and Asia in all aspects of cross-border transactions. We focus on technology companies, including info tech, pharmaceuticals, life sciences, biotech, semiconductors, e-commerce and networking and telecommunications, as well as M&A, foreign direct investment, banking and finance, and insurance. Recent experience includes representation of a major Indian industry association on a US tax-related matter. Our corporate lawyers have broad experience dealing with clients on India- and South Asia-related issues.
  • In the area of regulatory law, trade, investment and market access work, the firm's India capabilities draw on a range of lawyers and senior professionals with extensive legal, policy and negotiating experience, including a former United States Trade Representative, two former USTR General Counsels and several other former high level US and European government officials; a former Deputy Chief of Mission and Chargé d'Affaires of the American Embassy in New Delhi, and former Assistant United States Trade Representative for South and South West Asia; and lawyers with longstanding experience in dealing with complex international market access, investment (including CFIUS investment control in the US), government relations and other legal and regulatory issues across the globe.
  • In the area of intellectual property, we offer a unique combination of the specialized legal and technical skills normally associated with boutique intellectual property firms and the broad business and litigation capabilities of a major general practice firm. We offer both domestic and international IP law experience relevant to Indian inbound and outbound clients.
  • Our international arbitration and dispute resolution practice regularly represents clients in high-stakes disputes involving India and South Asia, particularly in the fields of energy, telecommunications, intellectual property and construction and engineering.

While each of these practice areas is routinely integrated into client representations, the full range of the firm's capabilities is available to advance a client's interests whether in tax, real estate, antitrust or export controls. We also work regularly with several leading Indian law firms and barristers on particular needs of our clients.

India's economy is rapidly expanding and offers unique trade and investment opportunities. Most visibly, India is quickly developing into a global center of technology, but many other sectors are also growing at an unprecedented pace. These opportunities also present particular challenges. An intricate variety of legal, regulatory, governmental and cultural barriers confronts companies trying to do business in India. Similarly, Indian companies that are globalizing and expanding their activities abroad are faced with equally complex legal, regulatory and governmental challenges.

To assist our clients, our India team offers a combination of superior cross border transactional capabilities, together with prominent regulatory, government relations, and litigation/arbitration capabilities. This combination allows us to offer clients significant depth and scope of service, keeping with our tradition of sophisticated problem solving at the intersection of business, government and regulation.

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Contacts

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Novick, Robert T.

Robert T. Novick

Co-Managing Partner

+1 202 663 6140 (t)

robert.novick@wilmerhale.com

Barshefsky, Charlene

Ambassador Charlene Barshefsky

Chair, International Trade, Investment and Market Access Practice Group

+1 202 663 6130 (t)

charlene.barshefsky@wilmerhale.com

Publications & News

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September 15, 2016

New Book by Gary Born: International Arbitration and Forum Selection Agreements: Drafting and Enforcing

WilmerHale is pleased to announce the publication of Gary Born's most recent work on international arbitration and dispute resolution. The revised fifth edition of International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses.

January 14, 2016

Indian Parliament Enacts Revisions to the 1996 Arbitration Act 

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act  made by the President of India through the 2015 Arbitration and Conciliation Ordinance that came into effect on 23 October 2015 pending final approval by the Indian parliament.

December 11, 2015

India Revises the 1996 Arbitration Act

On 23 October 2015, the President of India enacted an Ordinance that significantly revises the 1996 Indian Arbitration and Conciliation Act. The goal of the Ordinance is to improve the efficiency and reliability of arbitration as a private dispute-resolution mechanism in India.

December 11, 2015

International Travel Tips for Foreign Nationals

Foreign nationals who plan to travel abroad during the upcoming holiday season should make sure that they have the requisite immigration documents and instructions before they depart and reenter the United States.

January 27, 2015

Global Anti-Bribery Year-in-Review: 2014 Developments and Predictions for 2015

The year 2014 witnessed several notable developments in the enforcement of the Foreign Corrupt Practices Act. In Global Anti-Bribery Year-in-Review: 2014 Developments and Predictions for 2015, WilmerHale attorneys discuss notable trends and developments in 2014, and look ahead to possible trends in 2015.

February 5, 2008

WilmerHale Reflects on a Successful 2007

A Year of Significant Accomplishments