Defence, Space and Infrastructure

Overview

The firm has a rapidly growing infrastructure practice and regularly advises on projects related to power, transportation, green energy, urban developments, defence and space related contracts. The firm has been successfully advising a wide range of clients on public and private projects in the country with key focus on risk mitigation and regulatory compliances. We provide holistic guidance and support to clients throughout the lifecycle of an infrastructure project by assisting and advising on public – private partnerships, contractual documentation, structuring of transactions to achieve commercial and tax efficiency, due diligence of involved assets, advisory on regulatory compliances ensuring adherence to applicable laws, dealing with concerns on operational, maintenance and management and even advise on requisite financing of such projects. Additionally, the firm has a specialised disputes team which is well equipped to advise and represent clients in contentious matters including arbitration and dispute resolution.

Indicative Experience

Infrastructure

Advising and representing a client in setting up captive solar power plants. We assisted in preparing and negotiating the engineering, procurement and construction agreement, operations and maintenance agreement, as well as all ancillary documents for the same along with vetting the title of the agricultural land proposed for the captive solar plants.
Advising and representing a client based on Karnataka in setting up a passenger ropeway system along with ancillary real estate developments including coffee houses, game zones, etc. We assisted in structuring the entire transaction including drafting, negotiating and finalizing a master ropeway agreement, lease deeds, powers of attorney and other ancillary documents for the client to undertake the designing, engineering, development, financing, commissioning and management of the project.
Advising and representing the owner of an IT park in Pune, who is a deemed distribution licensee, before the Maharashtra Electricity Regulatory Commission for the purpose of seeking approval of their plan for short term power procurement. The petition to be filed before the MERC as well as requisite documents such as the bid document, connection agreement with the transmission company, and other ancillary documents were prepared by us.
Advising and representing a client in entering into a service agreement with an entity that was awarded a tender for carrying out the operation, maintenance and merging of two different parks – a deer park and a childrens park, along with a road separating the two parks. Under the agreement, the client was required to provide expert guidance and assistance to the concessionair to carry out and perform the obligations relating to the project.
Advising and representing various real estate developers in preparing, negotiating and finalising various works contracts and service agreements to be executed with contractors, architects, liaising consultant, structural consultant, excavation contractor etc.

Space

Advising, assisting and representing a client in in procuring its first satellite to which will form part of its entire constellation. We prepared and negotiated purchase agreements for the satellite, launch service agreements, operation and maintenance of satellite agreements, non-disclosure agreements and other ancillary documents flowing from the transaction. We also advised the client in respect of procuring export licenses, relevant permissions and approvals from IN-Space, Federal Communications Commissions and other concerned authorities. Further, we assisted the client in issuing the apostilled end-user certificate.
Advising and assisting a client in entering into various memoranda of understanding for procuring multiple satellites with different sensors, setting up of ground stations for tasking of satellites with sustainable and responsible IT solutions inclusive of data centres and security services, propulsion systems, satellite launch vehicles supported by India’s Innovation for Defense Excellance (iDEX) and Make in India policies.

Defence

Advising and assisting our client in entering into various memoranda of understanding for setting up joint ventures with overseas entities for manufacturing of various defence equipment as well as in respect of the requisite licenses, permissions and approvals required in this behalf.

Disputes

Advised and represented a client in an ad hoc arbitration against a construction company in relation to disputes arising out of the construction of a hydro-power plant in Maharashtra.
Representing a prominent player in the oil and gas field services sector in an arbitration against an integrated oil refining and retail company in relation to disputes arising out of a contract for the setting up and operation of 550 HP land-based drilling rigs at two sites in West Bengal.
Adivsing and representing a Baharain based company in an international commercial arbitral dispute with an Indian conglomerate in relation to the setting up and operation of dross processing plants in India for the extraction and production of aluminuim, steel, and other by products to promote a circular economy.
Advising an Indian company in the infrastructure and construction business on pre-litigation strategy in disputes arising out of a construction contract executed pursuant to a tender floated for highway augmentation.