By Kartik Ganapathy
Businesses have become more international in today’s interconnected world and frequently engage in activities across borders. Harmonising legal systems is complex, and India has taken several steps in recent years to simplify this complexity and present itself as a more attractive destination for international business.
To dispense with the tropes of a bureaucratic, opaque, and time-consuming system, India has moved to modernise the legal system. Indian law firms and institutions play a key role in this effort, and facilitate international businesses with investing, operating, resolving conflicts, and sometimes exiting from India.
Aligning with global standards
Indian law firms now routinely provide multi-jurisdictional legal input in collaboration with foreign law firm counterparts. The adoption of international standards to provide seamless multi-jurisdictional advice has helped foreign entities understand how Indian laws interact with their business, and Indian entities understand how foreign laws impact them and their operations.
Many Indian legal practices work closely with international firms to create a seamless legal experience across countries. Though full liberalisation of Indian legal market is yet to be achieved, recent policy changes allowing foreign legal professionals to advise clients on foreign law within Indian borders marks a significant shift towards greater global integration.
Focus on faster dispute resolution
Arbitration being a private method of resolving disputes is subject to international treaties that make awards readily enforceable and often more efficient in terms of time, expense and outcome. Arbitration also offers more confidentiality, and is a more frequently selected dispute resolution particularly for matters that involve India and cross-border-business.
In recent times, transactions involving entities from India and foreign jurisdictions elect international commercial arbitration as the preferred method of dispute resolution. We have noticed that the Singapore International Arbitration Centre in particular has achieved significant prominence in resolving international commercial disputes involving Indian entities and businesses.
India’s arbitration laws have been updated to match global standards, with strict timelines, reduced court interference, and better enforcement of awards. Institutions onshore India have also been established to offer world-class facilities for resolving disputes involving foreign companies and Indian businesses.
Embracing technology
In recent years, courts have begun conducting virtual hearings, accepting online filings, and using digital tools to speed up case management. Many Indian law firms have also adopted advanced legal technologies including artificial intelligence for contract analysis, due diligence, and compliance checks.
For international clients, this move to more technologically capable systems has meant quicker access to legal services in India. Documents are shared and reviewed remotely, hearings can be attended online, and real-time updates are available, all of which reduce the barriers of distance and time zones.
Improving compliance and advice
Indian firms increasingly offer proactive legal advice that helps international businesses comply with both Indian laws and global regulatory standards, and with assistance from foreign law firm counterparts help Indian business interact with the global economy.
Issues such as data protection, environmental responsibility, and ethical governance are now part of regular legal consultations. This shift towards a comprehensive legal analysis often guides strategy to assist entities investing in India to plan and execute better for long-term success, identify and avoid legal pitfalls and should it be necessary also pursue actions or protect themselves using the various avenues of litigation and dispute resolution.
Training global-ready lawyers
We have noticed that Indian law schools have been consistently introducing modern curricula, including courses on data protection, international trade law, arbitration, and even understanding technology.
Law firms support this trend not only by investing in training that prepares their own lawyers to meet the expectations of global clients, but also often sending Indian lawyers on foreign secondments which enables both client work and knowledge sharing.
The new generation of lawyers is becoming increasingly well-versed not only in Indian law, but also in the business and cultural practices of other countries, making them more capable of handling complex cross-border matters.
Looking Ahead
India’s legal sector is in the midst of a quiet but powerful transformation. Through the adoption of legal technology, alignment with global standards, improved arbitration practices and the development of internationally trained lawyers, Indian law firms are sending a strong message. We are not only ready for, but welcome, international business, and are strong and capable partners to domestic businesses that are ready to proceed on the path of global expansion.
For companies looking to expand into India, one of the world’s largest and fastest-growing economies, India and Indian law firms are increasingly providing more sophisticated services, confidence, and convenience. The road to doing business in India is becoming smoother, and the legal community is playing a key role in paving the way
The author is founding partner of CMS INDUSLAW. (Views expressed here are author’s own and not necessarily those of financialexpress.com)