Overview

THE REGULATORY ENVIRONMENT

The current landscape of international trade is being reshaped by global trends that extend beyond traditional economic factors, encompassing environmental sustainability and climate-conscious practices. As nations increasingly recognize the importance of integrating environmental considerations into trade policies, concepts like carbon border adjustments and green tariffs are gaining prominence.

The current landscape of international trade is being reshaped by global trends that extend beyond traditional economic factors, encompassing environmental sustainability and climate-conscious practices. As nations increasingly recognize the importance of integrating environmental considerations into trade policies, concepts like carbon border adjustments and green tariffs are gaining prominence. Countries are navigating complex trade agreements and disputes while striving to maintain competitiveness and foster economic resilience. The rise of digital trade and e-commerce is also transforming international commerce, necessitating new regulatory approaches and cross-border data flow policies.

HOW CAN WE SUPPORT YOU?

Economic Laws Practice (ELP) is a pioneering firm in the realm of international trade, customs, and policy in India. Our team comprises highly specialized resources dedicated to advising clients on international trade regulations, facilitating market access, and mitigating risks arising from global trade developments.

Economic Laws Practice (ELP) is a pioneering firm in the realm of international trade, customs, and policy in India. Our team comprises highly specialized resources dedicated to advising clients on international trade regulations, facilitating market access, and mitigating risks arising from global trade developments.

Our expertise in this domain have empowered us to assist numerous esteemed global companies in evaluating and managing risks related to potential trade remedial proceedings affecting their exports worldwide. Our trade litigation practice is well-regarded and actively involved in numerous trade remedial litigations across India, representing clients at all levels from the Anti-dumping, Anti-Subsidy, and Safeguard authorities to the esteemed Supreme Court of India.

ELP takes pride in representing the Government of India in various WTO disputes before the WTO panels and Appellate Body. We were among the first firms appointed by the Indian Government to provide counsel on the WTO compatibility of India’s largest export incentive program. Additionally, we are honored to serve as co-advisors to the UK government in its negotiations for a Free Trade Agreement with India.

Services

Trade Regulations and Policy 

As part of its focus on maximizing market access and minimizing risk for its clients, the team advises on a wide ambit of matters pertaining to domestic and international trade regulations. ELP has assisted multinational corporations and industry associations in navigating the complex framework of trade regulations, including tariffs, rules of origin, technical barriers to trade, sanitary and phytosanitary measures, barriers to trade in services, protection of intellectual property rights and other trade-related measures. 

Our scope of services also includes pre-emptive risk mitigation strategies and informed decision making. 

Policy & Advocacy 

At ELP, we proactively assist our clients in identifying opportunities and addressing challenges that arise from trade regulations and policies. Our approach involves developing effective advocacy strategies and conducting outreach efforts with governmental authorities, industry associations, and international forums. ELP has worked with companies across sectors in their efforts to secure a better regulatory environment and forward-looking policies that promote their interests. 

WTO 

ELP is as one of the select few law firms in the country that has successfully advised as well as directly litigated matters before the WTO Dispute Settlement Body. ELP has an impressive track record of representing the Government of India in multiple disputes before the WTO panels and Appellate Body. 

We also regularly assist and advise the Government of India with respect to the implementation of WTO Agreements and conformity of domestic legislations thereto. 

FTA Negotiations 

ELP routinely advises the Government of India (as well as other governments) on the negotiation of FTAs with its trading partners and has been a part of official delegations to such negotiations. Moreover, we extend our expertise to assist industry associations, companies, and other stakeholders in optimizing the advantages offered by India’s existing and potential FTAs. Our approach involves skillfully representing their interests and effectively navigating the complexities of these agreements. 

Non Tariff Barriers and Compliance  

ELP brings a wealth of experience in adeptly guiding clients through a myriad of non-tariff barriers, both in India and globally. These barriers encompass technical regulations, standards, testing and certification requirements, conformity assessment procedures, and labeling regulations. Our deep understanding of local regulatory landscapes enables us to skillfully assist clients in efficiently addressing various regulatory and compliance challenges. 

Trade Remedies 

ELP’s trade remedies practice enjoys global recognition, having actively participated in over 250 trade remedial proceedings in India. Our involvement spans across all levels, from Anti-dumping, Anti-subsidy, and Safeguard forums to even reaching the Supreme Court of India when necessary. Throughout these proceedings, we provide comprehensive advice and support to our clients, guiding them through every stage of the investigation. 

From the initial filing of questionnaire responses and participation in public hearings to the drafting of legal submissions, on-site and table verifications, and challenging findings at appellate or writ forums, ELP’s expertise ensures thorough representation and strategic advocacy. 

Our diverse experience encompasses representing exporters, importers, foreign governments, and domestic industries in various trade remedial proceedings, reflecting our comprehensive understanding of the intricacies involved. 

Litigation and Appellate Forums 

ELP regularly represents clients before appellate forums and courts including the Supreme Court of India on disputes arising from trade remedy investigations, customs valuations, customs evasion, classification issues and others.   Our work includes a full range of services, including drafting of appeals, cross-appeals, writ petitions, litigation strategy and representation before the courts. 

 

Trade & Climate  

Leveraging the firm’s broad experience spanning multiple practice areas, our lawyers represent clients 

across many sectors in climate change compliance, regulatory, transactional, and litigation matters. 

Our advisory on Trade and Climate includes: 

  • Policy Advocacy 
  • Regulatory Compliance 
  • Litigation and enforcement defence 
  • Imports and Exports Tariff Regime 
  • Trade Remedial actions on Green Products 
  • Import Licensing Procedures on Cross Broder Trade 
  • Quality Standards and Licensing procedures to be complied 
  • Balancing ESG compliance standards both at the national and international level 

Digital Trade, Technology and National Security 

As governments race to keep up with the rapid evolution of the digital environment – in areas including Artificial Intelligence, cloud storage, encryption, telecommunications, self-driving vehicles and blockchain technology – tensions between national security interests and tech protectionism are on the rise. Governments are increasingly setting rules and standards as to how data can and cannot move globally, driven by national security and their citizen’s privacy concerns, as well as national economic interests. 

Our work includes: 

  • Advising the Government on the ecosystem concerning data regulations in the run up to FTA agreements being executed 
  • Assistance on proposals concerning the transfer of technology, export control items within the framework of the exporting country and the concessions to be provided based on mutually agreed terms to facilitate cross border transactions 

Thought Leadership

Alerts & Updates 28th Oct 2024

Trade Update – October 28, 2024

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Alerts & Updates 21st Oct 2024

Trade Update – October 21, 2024

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Alerts & Updates 14th Oct 2024

Trade Update – October 14, 2024

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Alerts & Updates 7th Oct 2024

Trade Update – October 7, 2024

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Alerts & Updates 1st Oct 2024

Trade Update – October 1, 2024

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Alerts & Updates 23rd Sep 2024

Trade Update – September 23, 2024

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Alerts & Updates 16th Sep 2024

Trade Update – September 16, 2024

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News & Media 12th Sep 2024

Why Europe’s upcoming deforestation law will hack India’s agri exporters

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Recent Matters

International Trade

Advising the UK Government Department of International Trade on its ongoing FTA negotiations with India.

Advising the UK Government Department of International Trade on its ongoing FTA negotiations with India.
International Trade

Representing the Government of India in three separate disputes initiated against India by Brazil, Guatemala and Australia concerning certain Indian...
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Representing the Government of India in three separate disputes initiated against India by Brazil, Guatemala and Australia concerning certain Indian measures relating to sugar and sugarcane before the WTO panels and Appellate Body.
International Trade

Advised a local Association in formulating its strategy to address the definition of Indian whisky at the World Customs Organization...
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Advised a local Association in formulating its strategy to address the definition of Indian whisky at the World Customs Organization and through bilateral negotiations with the EU.
International Trade

Advised the Japanese Government on India’s import duty on information technology (IT) products.

Advised the Japanese Government on India’s import duty on information technology (IT) products.
International Trade

Advising a pharmaceutical association on its inputs to be provided to the GOI on the ongoing India-Australia FTA.

Advising a pharmaceutical association on its inputs to be provided to the GOI on the ongoing India-Australia FTA.
International Trade

Successfully represented several exporters from the US and EU in anti-dumping investigation in India on newsprint exported from several countries,...
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Successfully represented several exporters from the US and EU in anti-dumping investigation in India on newsprint exported from several countries, including Australia, Canada, and the EU.
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People

Recognitions

What People Say

Another client adds: They have enough in-house experience and qualification to advise on cross-border issues. They also have a good network to connect with other law firms based in other counties.

Chambers Global

We sought them out specifically for this as they are a specialist firm. They were quite committed and did a stellar job of analysis, in that they could tell us what was relevant. They were persistent in furthering our position.

Chambers and Partners

They are the best firm we’ve worked with in India. They’re responsive and always available. When I request that they connect me to the right people they can do that as they’re well connected in general. Obviously, the quality of their work is very high.

Chambers and Partners

In our experience having cooperated with ELP on several trade remedy investigations initiated by the Indian government, Sanjay Notani and his team consistently produced work products delivered at a very high standard. It seems that they benefit from having a large team of experts not only in law but also in accounting and economics. As such, ELP is able to give excellent legal advice as well as practical know-how on the intricacy of India’s trade remedy regime. They are also highly responsive and good with client relations and handling.

Legal 500 Asia Pacific

ELP has unparalleled expertise in India with respect to trade remedies. Their knowledge of the law and of the precedents is exceptional.

Legal 500 Asia Pacific

One source comments: “They have a good reputation in the trade arena,” adding that “they understand our business and will give us a heads-up on things that might impact us.”

Chambers Asia Pacific

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