An entrepreneur can successfully expand and grow
his/her business abroad by taking into account the basic legal framework
of the home country as well as of the particular foreign country. It is
necessary for him/ her to abide by such laws and regulations in order
to ensure efficient and healthy functioning of the organisation and face
the various challenges that he/ she may encounter abroad. In India, the
most important law which regulates all foreign exchange transactions including
investments abroad is the Foreign
Exchange Management Act (FEMA),1999. It is an investor friendly legislation
which aims to facilitate external trade and payments as well as promote
an orderly development and maintenance of foreign exchange market. Under
the Act, Reserve
Bank of India (RBI) has been authorised to frame various rules, regulations
and norms pertaining to overseas investments in consultation with the
Central Government.
In order to encourage capital inflows and provide safe
business environment for all investments abroad, many countries have entered
into bilateral investment treaties or agreements. Bilateral Investment
Promotion and Protection Agreement (BIPA) is one such bilateral treaty
which is defined as an agreement between two countries (or States) for
the reciprocal encouragement, promotion and protection of investments
in each other's territories by the companies based in either country (or
State). These bilateral agreements have, by and large, standard elements
and provide a legal basis for enforcing the rights of the investors in
the countries involved. The Government of India has, so far, signed BIPAs
with 58 countries out of which 49 BIPAs have already come into force and
the remaining agreements are in the process of being enforced.
Arbitration
and Conciliation Act, 1996 is another law which provides solution
to business disputes for an entrepreneur. It consolidates and amends the
laws relating to domestic arbitration, international commercial arbitration
and enforcement of foreign arbitral awards and also defines the law relating
to conciliation. Arbitration is an alternative dispute resolution mechanism
in which the parties get their disputes settled through the intervention
of a third person and without having recourse to the court of law. While,
conciliation is the process of amicable settlement of disputes by the
parties, with the assistance of a conciliator. In India, the
Indian Council of Arbitration (ICA) established in 1965 is the apex
arbitral organisation at the national level which provides facilities
for arbitration of commercial disputes.