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International Dispute Resolution

3 articles

The Governance Gap: Why US Investors in Indian Companies Are Playing by Rules That Don't Actually Apply

The Governance Gap: Why US Investors in Indian Companies Are Playing by Rules That Don't Actually Apply

Formal corporate governance in India looks reassuringly familiar to American investors—board committees, statutory auditors, shareholder resolutions, and regulatory filings that mirror Western frameworks closely enough to inspire confidence. That confidence is frequently misplaced. The real governance architecture of most Indian companies operates through informal hierarchies, personal loyalties, and relationship-based authority structures that no board resolution has ever captured. Investors wh

One Clause, Countless Consequences: What US Businesses Must Know Before Signing Contracts With Indian Partners

One Clause, Countless Consequences: What US Businesses Must Know Before Signing Contracts With Indian Partners

A single overlooked provision buried deep in a contract can transform a promising India partnership into a prolonged legal ordeal. American entrepreneurs negotiating with Indian vendors, service providers, and joint venture partners frequently underestimate how jurisdiction and dispute resolution clauses operate under Indian law—and the financial consequences can be severe. This article examines where these agreements go wrong and what US businesses should demand before putting pen to paper.

Why the Boardroom Is No Longer Where US-India Business Disputes Get Settled

Why the Boardroom Is No Longer Where US-India Business Disputes Get Settled

A quiet but consequential shift is underway in how American and Indian companies resolve their commercial conflicts. International arbitration — once the domain of large multinationals and sovereign entities — has become the preferred dispute resolution mechanism for a growing number of cross-border business relationships. Advocate Vishwanath examines why this trend is accelerating and what it means for US companies doing business in India.