The Research On Legal Issues Of Market Access Of Indian Construction Service Trade

Along with the new normal of Chinese economy and the further advance of "One Belt and One Road",going overseas is an irresistible trend for Chinese enterprises.The Chinese engineering contractors have completed their initial accumulation in China and have their eyes set on the world.India,which is a promising country with economic growth,has gradually become one of the target markets.The development plan of India's infrastructure has provided engineering contractors with a broad stage to full play their ability and profession.However,India's engineering construction market has opportunities and risks.Due to the differences in politics,economics,social culture,law,and language barriers among different countries,companies are bound to face many obstacles to invest and contract projects in the completely unfamiliar environment.When Chinese contractors have turned their attention to India,they should recognize whether the Indian engineering market is a gold rush or a Waterloo.How to identify and avoid risks is the key to the contractor's success to contract projects in India.In view of this,the thesis makes the research of definition and connotation of construction service trade and market access.It focuses on India's commitment of market access in construction services when India joined in WTO.And it analyzes Indian law on FDI and project contracting and finds possible problems.Finally,the article analyzes the legal risks that Chinese companies may encounter when entering the Indian market for project contracting,and proposes corresponding countermeasures for Chinese contractors to provide a fair and reasonable legal environment when they enter the Indian market.The paper is specifically divided into the following four parts:The first chapter provides an overview of market access on construction services,describes the general provisions of concerning market access on construction services trade in GATS and also states the market access restrictions of Construction and Related Engineering Services and Architectural and Engineering Services.The second chapter analyzes Indian specific commitments on market access of construction services during the negotiations,and compares the commitments made by India's 1994 specific commitment schedule and the 2005 revised offers to further discover Indian changeable attitude and commitments on construction services.And it makes comparative analysis of Indian specific commitments on market access of construction services with those of the United States,South Korea,and Malaysia to find characteristics of Indian commitments.The third chapter analyzes Indian laws and regulations concerning construction services,for example,laws and regulations concerning bidding and tendering,laws and regulations concerning foreign direct investment,laws and regulations concerning the requirements of engineering contractors,and laws and regulations concerning architects,engineers,environmental laws and regulations,laws and regulations related to infrastructure construction in various states of India.The fourth chapter mainly makes the comprehensive analysis of the barriers of the market access encountered by Chinese contractors when undertaking projects in India,and gives corresponding tips on relevant risks to provide necessary references for Chinese companies which plan to enter the Indian market.