Sarvada Legal advises industries and governments on a full range of issues concerning international trade law and policy.
We represent clients at domestic and international forums in all trade-related proceedings. Sarvada Legal is one of the few firms which has represented the Government of India in several WTO disputes. Our legal experts represent clients in various trade-related proceedings before government authorities, tribunals, High Courts, and the Hon’ble Supreme Court of India. Sarvada Legal has represented its clients in over eighteen jurisdictions internationally in various trade remedy investigations.
At Sarvada Legal, we understand that international trade regulations present complex problems for our clients, to which we provide practical solutions. Our team combines their strategic abilities with deep experiential knowledge to provide our clients the most appropriate solutions.
Sarvada Legal provides consultation on issues concerning all WTO Agreements. It is one of the few law firms that represents the Government of India before the WTO DSB as a complainant/respondent/third party. It also advises governments of other countries and interested businesses on WTO compliance and dispute resolution. Our team comprises of experts who have prior experience in representing clients on issues relating to market access, trade remedies (anti-dumping duties, countervailing duties, and safeguard measures), subsidies, customs valuation, SPS and TBT measures and General Agreement on Trade in Services (GATS).
The international trade team at Sarvada Legal holds expertise in a range of issues relating to and arising out of Free Trade Agreements (FTA)- negotiation of agreements to interpretation, resolution of disputes arising from the administration of FTAs, preferential and non-preferential rules of origin, bilateral safeguard measures, compensation and retaliation, and dispute settlement under FTAs.
Sarvada provides its clients legal and accounting expertise to achieve the most favourable result in trade remedy investigations. Sarvada Legal is highly reputed for its assistance to domestic industry, exporters, importers and other interested parties, including foreign governments, in handling complex trade remedy cases.
Trade remedy investigations and disputes
Sarvada Legal has represented global exporters in multiple trade remedy cases before the Directorate General of Trade Remedies in India. We also assist Indian domestic producers in seeking enforcement of trade remedy measures. Our team represents clients before appellate authorities, High Courts and the Hon’ble Supreme Court of India in resolving the disputes relating to imposition/non-imposition of trade remedy measures.
Sarvada Legal has represented governments and other interested parties in trade remedy investigations conducted in foreign jurisdictions as well. It has represented clients in over eighteen foreign jurisdictions, including the USA and the EU.
Trade remedy strategies
Sarvada’s experienced professionals provide consultation to clients and push to achieve the most beneficial outcome from a trade remedy dispute. Their consultation focuses on a continuous assessment of dumping margins and strategies to minimize them vis-à-vis exports. It also includes evaluating situations seeking imposition of trade remedy measures.
Sarvada Legal advises clients on all issues relating to customs law, including classification of goods, valuation of goods for customs purposes by the Special Valuation Branch (SVB) in transactions between affiliates, customs compliance, reopening of past transactions and penal provisions including both civil and criminal liabilities.
Sarvada Legal consists of a team of professionals with over two decades of experience in handling customs disputes regularly, right from assessing officers through the appellate authorities within the customs department, Customs Excise and Services Tax Appellate Tribunal (CESTAT), High Courts and the Hon’ble Supreme Court of India.
Sarvada Legal is one of the few firms in the country which holds expertise in dealing with matters relating to SCOMET. Our international trade team is hands-on with issues related to SCOMET, especially in cases concerning aviation, nuclear and other high technology products. Our team has immense experience in ensuring their clients’ compliance with export controls imposed by international governments.
Sarvada Legal provides its clients consultation on all aspects surrounding Foreign Trade Policy. Sarvada’s experts specialize in assisting clients with establishing or modifying Standard Input-Output Norms (SIONs), filing quality complaints or trade disputes concerning exports or imports, Refund of State and Central Taxes (RoSCTL or RoDTEP) and Steel Import Monitoring System, among other consultations.
Sarvada also represents clients before the Policy Relaxation Committee seeking relaxation or modifications of the applicable provisions to specific situations, adjudicating authorities of the DGFT and appellate authorities including High Courts and the Hon’ble Supreme Court of India. Our team has experts in handling issues arising from indirect taxation, excise duty laws, classification matters, among others.
Customs Law and the notifications issued thereunder from time to time prohibit imports or exports of goods that, inter alia, violate patents, trademarks, copyrights, designs and geographical indications. An IPR holder may register with the customs about suspected violations at the customs border. When imported goods suspected of violating an Intellectual Property arrive at the port, customs would detain them, inform the importer and the IPR holder. A detailed investigation is conducted, and if found to be violating a valid IPR, infringing goods will be confiscated and destroyed or disposed of outside the normal channels of commerce. Applicable penalties, if any, may also be imposed on the importer.
Sarvada Legal assists its clients in the entire process of enforcement of IPR at the customs border, which consists of advisory, investigation and litigation support as and when required.
The Bureau of Indian Standards (BIS) governs the standards for goods and services, marking and certification of goods, among other operations. While most standards issued by the BIS are voluntary, the Government of India also applies certain standards on a mandatory basis. In these cases, no one is authorized to produce, store, transport or sell goods that do not meet the mandatory standards. Imported goods are also liable to fulfill these standards.
Sarvada Legal assists clients in the initial formulation and periodic revision of standards, seeking mandatory application of standards, applying to BIS for procuring certification of goods, and resolving disputes.