India

The acceleration of the global economy has created tremendous business opportunities in India, perhaps more so than in any other emerging market. Domestic companies seeking to expand to outside markets – or international companies aiming to establish themselves in the region – need a global specialist firm with extensive local experience and practical commercial insights to successfully bridge the two.

An Established Practice

Our India practice has extensive experience structuring transactions and advising on the most complex legal matters involving Indian companies.

Dechert’s diverse international team of lawyers includes several who are fluent in both English and Hindi. By combining regional knowledge of the complexities of individual markets and business with our top-ranked global transactional and disputes practices, we help clients achieve their strategic objectives around the world.

A Multicultural Approach

Our multicultural, multi-jurisdictional and multilingual lawyers advise Indian companies and foreign companies seeking to invest in India on a wide range of transactions, disputes and investigations across a variety of industries.

Areas of Focus

Corporate and Securities

Dechert’s India team has handled a variety of M&A transactions relating to India, including outbound investments for major Indian corporations and complex inbound acquisitions for several multinationals. We also have significant capital markets experience with various international and global equity and convertible bond offerings by Indian issuers.

Private Fund Formation

We handle fund formation across all major asset classes, fund domiciles and structures. Our lawyers advise on the merits of various fund structures and devise innovative structures that provide access to assets that might otherwise be unavailable. We also advise on U.S. investment advisor registration and compliance with the U.S. Securities and Exchange Commission (SEC) and on other global funds compliance areas.

Regulatory Enforcement and Compliance

Businesses operating in the global marketplace must make compliance with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and other anti-corruption laws an integral part of their business planning. Our team includes many former federal prosecutors as well as former government regulators experienced with handling investigations.

Government and Internal Investigations

Clients rely on our global team for comprehensive representation in legal matters waged on many fronts. We have represented clients in many of the largest, most complex and far-reaching proceedings by numerous government agencies around the world. We are also among the world’s leading law firms in the conduct of internal investigations, and Dechert is frequently instructed by audit committees or other board committees.

Cross-border Proceedings

We have handled a number of important and extremely sensitive multi-jurisdictional and cross-border investigations involving corruption (governmental and commercial), accounting restatements, insider trading, money laundering, economic sanctions, export controls and cartel investigations.

National Security Reviews of Foreign Direct Investment (CFIUS)

Our India team advises foreign and domestic clients on the CFIUS review process. We help determine whether to bring a transaction before the committee, assist with assembling materials for a voluntary filing and negotiate national security agreements to minimize the impact on a transaction. We also advise on how to address political and policy considerations.

Economic Sanctions and Trade Embargoes

Compliance with economic sanctions and trade embargoes regimes requires awareness of more than the published guidance. Dechert regularly counsels clients on the scope, interpretation, application and jurisdictional nuances of the rules and the discretion exercised by enforcement authorities.

International Arbitration

Our India arbitration team can advise and represent clients in India-related commercial and investment treaty arbitrations. The team has extensive experience arbitrating disputes under the rules of all major arbitral institutions, and includes active members of the LCIA India and SIAC Users Councils, a member of the ICC Court of Arbitration, and an author of A Guide to the SIAC Arbitration Rules. Dechert’s arbitration lawyers appear as both counsel and arbitrators, and regularly advise clients (both investors and states) on disputes arising under investment treaties. Above all, the team prides itself on its ability to resolve complex disputes at an early stage in the process in order to keep costs to a minimum.

Tax

Our tax lawyers combine in-depth knowledge of their own country’s tax regimes with a thorough understanding of the business tax systems of the major trading nations such as India and the ramifications for international and domestic transactions and structures.

Energy and Natural Resources

We advise clients worldwide on matters involving oil, gas, liquefied natural gas (LNG), coal, nuclear, wind, solar, hydroelectric, geothermal and other renewable energy sources. We have extensive experience advising on upstream, midstream and downstream operations, electricity generation and the provision of oil field or other energy and power services. We also represent companies that provide essential technology, services and products to the energy sector.