Category: Insights

public private partnerships in india

Public Private Partnership in Redevelopment Efforts

Insights | March 19, 2025 | Practice Area:

Public-Private Partnerships (“PPPs”) play a crucial role in India’s urban redevelopment by leveraging government support and private sector efficiency. Maharashtra, especially Mumbai, leads with initiatives like the Slum Rehabilitation Scheme (“SRS”), while CIDCO in Navi Mumbai streamlines approvals for faster execution. Despite challenges like resident consent and financing, PPPs drive sustainable development through strategic risk-sharing, community engagement, and efficient project management. This note explores how PPPs play a vital role in India’s urban redevelopment, particularly in Mumbai, while examining the current challenges and opportunities in PPP-driven redevelopment.

nuclear energy in india

The Legal Framework for Nuclear Energy in India: The Way Ahead

Insights | March 17, 2025 | Practice Area: , , , , ,

Despite significant progress made by India with respect to renewable energy, its nuclear power capacity remains relatively small. Recognizing the necessity of nuclear energy deployment to achieve net-zero targets, including the advantages that such deployment offers over renewable sources of power, the Indian government has renewed its focus on the nuclear sector in the budget announced on February 1, 2025, including through permitting private and foreign investment in the sector.
However, India’s plans to promote private/foreign investment in the nuclear sector require certain changes to the existing legal regime, including with respect to civil nuclear liability. In that regard, the government appears keen to introduce necessary legislative amendments soon. This note aims to discuss current challenges and potential modifications with respect to such laws.

Fast Track Mergers

Fast Track Mergers in India: Feasibility and Key Legal Challenges

Insights | March 4, 2025 | Practice Area: ,

The Companies Act, 2013 introduced the Fast Track Merger route for certain companies as an alternative to the cumbersome National Company Law Tribunal (NCLT) process. This note outlines the procedural requirements, analyzes recent amendments aimed at strengthening and broadening the Fast Track Merger framework and attempts to identify key procedural challenges and suggestions that may be considered to increase the efficacy of the Fast Track Merger route.

data centers in Maharashtra

Incentives and Laws for Data Centers in Maharashtra

Insights | March 3, 2025 | Practice Area: ,

The state of Maharashtra has taken initiatives in establishing policies to promote the expansion of data center industry. The Maharashtra Government last year approved the establishment of green integrated data center parks with an expected investment of INR 1,600 billion in order to strengthen the states’ digital infrastructure. As the state rolls out the carpet for multinational companies and conglomerates to set up data centers, it is vital for the prospective investors to be aware of (i) steps/local laws and regulations involved in acquisition of land for setting up data centers and (ii) various incentives introduced by the Maharashtra Government as regards acquiring land for data centers. This note analyzes the policies introduced by the Maharashtra Government with a particular focus on acquisition of land for data centers.

CIRP regulations

CIRP Amendment Regulations 2025: Streamlining Resolution Processes and Protecting Homebuyer Interests

Insights | February 25, 2025 | Practice Area: , ,

As of December 2024, insolvencies in the real estate sector accounted for approximately 22% of admitted cases under the Insolvency and Bankruptcy Code, 2016 (“IBC”), making it second only to the manufacturing sector that accounted for 37% of admitted cases. The high volume of insolvencies in the real estate sector, the imperative to protect homebuyer interests and specific challenges faced by this sector have resulted in several amendments focused specifically on the insolvency process for real estate projects. Recently, the Insolvency and Bankruptcy Board of India (“IBBI”) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2025 (“2025 Amendments”) amending certain provisions of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”), which once again have a special focus on the corporate insolvency resolution process (“CIRP”) of real estate developers. This note discusses the 2025 Amendments and their likely impact on streamlining the resolution process and protecting homebuyer interests.

fpi investments

FPI Investments in the Indian Debt Markets: An Overview

Insights | February 13, 2025 | Practice Area: , , , ,

Investments in debt securities in India by non-residents require compliance with an array of Indian foreign exchange and securities regulations. Overseas investors intending to invest in debt instruments in India typically do so either under the Reserve Bank of India’s (“RBI”) framework for external commercial borrowings (“ECB”) or through the route available for foreign portfolio investors (“FPI”) registered with the Securities and Exchange Board of India (“SEBI”). In recent years, the FPI route has become a popular option for overseas investors looking to invest in India’s debt markets on a regular basis as it allows for greater flexibility in terms of interest, repayment terms, security cover and end use of funds in comparison to the ECB route. According to data from the National Securities Depository, FPI investments in the Indian debt markets stood at INR 1.1 trillion in 2024. 
In January 2025, the RBI issued Master Direction – Reserve Bank of India (Non-resident Investment in Debt Instruments) Directions, 2025 (“Master Direction”), which, inter alia, consolidates a number of the circulars and directions issued by the RBI on investments in debt instruments by non-resident investors, including FPIs. This note analyzes the key regulatory aspects governing FPI investments in corporate debt securities, particular in light of the Master Direction.

mortgage lending

Strengthening Diligence for a Secure Mortgage Lending

Insights | February 7, 2025 | Practice Area: , ,

Mortgages on immovable property is a preferred and most common form of collateral for both retail and corporate borrowers. Recognizing inherent property risks, lenders typically conduct a legal due diligence, often through external counsel, who issue a title search report (“TSR”) that scrutinizes the title and identifies potential issues. Scrutinizing the title is essential to ascertain the ownership of the property and to ensure that the title is clear and free from any defects, encumbrances and claims. A recent case before the Hon’ble Supreme Court of India, Central Bank of India & Anr. v. Smt. Prabha Jain & Ors., emphasized that banks must be careful with inadequate TSRs and recommended that the Reserve Bank of India formulate guidelines for preparing TSRs. This note discusses the recommendations of the Supreme Court and outlines the key facets of preparing a TSR.

Investing in India: An Overview of Legal Considerations – 2025 Checklist

Insights | February 5, 2025 | Practice Area: , , , , , , ,

Foreign investment continues to play a crucial role in India’s economic growth with India achieving the milestone of having received USD 1 trillion of foreign direct investment since April 2000. While the cumulative FDI received in the financial years ended March 31, 2023, and March 31, 2024 remained similar, there has been an increase in the FDI received between April 2024 to September 2024 in comparison to previous years.
This note examines certain key legal considerations for foreign investors investing in India and highlights key updates included in the legal framework during the calendar year 2024.

Greenwashing

Greenwashing: An Overview

Insights | January 22, 2025 | Practice Area: , , ,

Companies are responding to rising global demands for environmentally safe products and sustainable practices. However, unverified and unsubstantiated claims in relation to sustainability records and climate change commitments can lead to allegations of ‘greenwashing’ if such marketing tactics are designed to make the public believe that a company is doing more to protect the environment than it really is. ‘Greenwashing’ refers to the practice of misleading consumers, investors and other stakeholders by making false or exaggerated claims or use of misleading words or imagery about a company’s environmental or sustainability-related performance while downplaying or concealing harmful attributes.
This note discusses Greenwashing in India, in particular, greenwashing guidelines issued by regulatory authorities, including the Advertising Standards Council of India and the Central Consumer Protection Authority.

data minimization

Navigating Data Minimization Requirements under India’s DPDP Act

Insights | January 17, 2025 | Practice Area: , ,

While the provisions of India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”) and its rules are yet to be notified, organizations need to prepare for a new set of compliance obligations and plan ahead. In large part, the DPDP Act follows global regulatory templates like the EU’s GDPR and embodies similar overarching principles such as data minimization and purpose limitation. The procedural implications of such principles reflected in the DPDP Act will translate into specific obligations and practices related to data collection, processing, sharing, and storage, especially in the context of Big Data analytics – including through the use of artificial intelligence and machine learning techniques.
This note analyzes the principle of data minimization under the DPDP Act, its interface with other laws (including with respect to consumer protection), and discusses potential learnings from other jurisdictions, including for the purpose of implementing such principle at an operational level.