Legal Issues for Chinese Investment in India
Keywords:
Legal Issues; Investment in India ; Legal Compliance; Localization StrategyAbstract
With the deep integration of the global economy, India’s market-oriented reforms have advanced steadily, accompanied by the implementation of a series of foreign direct investment (FDI) incentive policies, which has greatly boosted the enthusiasm of Chinese enterprises to invest in India. As two major developing economies with complementary industrial structures, China and India have broad prospects for economic and trade cooperation, yet Chinese enterprises still face multiple challenges in their investment and operation in India. This paper systematically investigates the practical difficulties in legal environment, tax system, policy continuity and cross-cultural integration. On this basis, the paper puts forward targeted legal suggestions and operational strategies for Chinese enterprises to achieve sustainable development in India, from the perspectives of abiding by local laws, realizing localized operation, strengthening risk prevention and control, and integrating industrial resources. It is concluded that Chinese enterprises must take legal compliance as the core, adapt to India’s local cultural and institutional characteristics, and cooperate with the government’s bilateral communication mechanism to grasp the development opportunities under the complementary advantages of China-India industries, so as to promote the win-win development of bilateral economic and trade cooperation.
References
He, Q., & Liu, G. (2018). Comparison and institutional reconstruction of
SinoIndian commercial legal dispute resolution mechanism under the Belt and Road
Initiative. Wuhan University International Law Review, (3), 1–28.
Tao, L. (2017). Recent development of investor-state dispute settlement
mechanism under Indian investment treaties and China’s response. Journal of Social
Sciences, (12), 99–108.
Wang, Y., & Wang, F. (2015). Analysis on the draft 2015 model text of India’s bilateral
investment treaty. International Economic Law Journal, (2), 137–169.
Liao, C. (2001). An analysis of the civil procedure code of India: Retrospecting the
codification of Indian civil procedure law. South Asian Studies Quarterly, (3), 66–73.
Zhang, J. (2017). Gains and losses of India’s arbitration system reform: Focusing on the
Arbitration and Conciliation (Amendment) Act 2016. South Asian and Indian Ocean Studies,
(4), 120–138.
Wu, W. (2010). India’s environmental public interest litigation system and its implications.
East China University of Political Science and Law Journal, (5), 66–74.
Yang, L. (2002). A comparative study on the federal separation of powers structure. Peking
University Law Review, (1), 24–68.
Yu, J. (2011). On the balance between investor protection and host state interests in
international investment treaty arbitration. China Legal Science, (2), 132–143.
Zeng, H., & Yu, J. (2017). Legal system for promoting and protecting China’s overseas
investment. Beijing: Peking University Press.
All China Lawyers Association. (2017). Country report on legal environment along the Belt
and Road (India Volume). Beijing: Peking University Press.
Singh, R. (2019). Legal and regulatory risks for foreign investors in India. New Delhi:
LexisNexis.
Sharma, S. (2020). Taxation and compliance challenges for FDI in India. Journal of
International Taxation, 31(5), 45–62.
UNCTAD. (2026). Investment policy monitor: India’s FDI policy reforms for countries
sharing land border. Geneva: UNCTAD.
Broucher, R. (1947). The inconvenient federal forum: Enforcement of foreign arbitral
awards in India. Harvard Law Review, 60(6), 909–932.
Verheul, J. P. (1986). The forum non conveniens in English and Dutch law. International &
Comparative Law Quarterly, 35(2), 413–423.
Weintraub, R. J. (1986). Commentary on the conflict of laws (3rd ed.). Boston: Little,
Brown.
