Infrastructure & EPC


Overview

We assist our infrastructure, energy and power clients on all aspects of business activities, including strategic / expansion plans of the company, competition, regulatory, tax, risk management, commercial, construction, operation and maintenance contracts as well as periodic and up to date commercial and corporate advice.

There is a huge push for infrastructure development and to achieve growth. There will be a greater urgency to create robust physical infrastructure i.e. electricity, roads, ports etc. The Twelfth Plan envisages huge investment in the infrastructure sector, which means that there will be various projects which will be undertaken under the public-private partnership model.

Based on the above economic situation, we find simple workable commercial solutions in complex legal and regulatory regimes and offer clients market knowledge and innovative legal solutions on any infrastructure investment or activity. Embedded into our infrastructure practice is our dispute practice which assists in advising our clients on a wide range of complex infrastructure issues through arbitrations / litigation through Courts.

We provide comprehensive finance, development and infrastructure counsel at every step of a project, from initial conception through obtaining regulatory approvals; drafting, documenting and negotiating of joint venture, power-purchase and other agreements, intergovernmental arrangements and guidance on construction, operational and management issues.

Our experience includes private commercial projects, governmental concession-based green-field development projects, and privatization of operational infrastructure assets through dispositions, financing, and long-term lease and concession arrangements. We advise developers and financiers on all aspects of infrastructure, including wind, solar, and thermal power generation projects, desalination plants, airport and rail facilities, and ports including Dispute resolution through Court Of Law or through Arbitration.

Our service in Infrastructure segment include:

  • Airports
  • Defense
  • Education
  • Energy and Power (including renewable energy)
  • Healthcare
  • Light rail and urban transport
  • Mining
  • Oil and gas
  • Ports
  • Process plants
  • Roads
  • Sanitation
  • Social infrastructure
  • Technology
  • Telecommunication
  • Transportation (including air, sea and surface transportation)
  • Energy from waste

We strive together with our clients to develop their most significant infrastructure projects. In addition to having the commitment and expertise of an expert team, clients have full access to Khare Legal Chambers broader capabilities.

We have an exclusive team of highly experienced techno-commercial experts who have been CEOs of well known MNCs or heads of business units of large MNCs such as ThyssenKrupp, ISGEC, Johnson Controls, GKN Drive Line, Mahindra & Mahindra, Tata Motors etc.

Experience

  • Representing one of the largest cooling towers manufacturing company in their US $ 110 million arbitration against one of the largest electrical power plant manufacturer of the world
  • Appearing and advising in 6 different arbitration on behalf of one of the reputed large EPC companies in India against various Petroleum Refineries
  • Appearing and advising in two Arbitral Proceedings for a Turnkey Project and Engineering, Procurement and Construction company for their claims concerning ethanol plants
  • Advising for setting up a 5MW solar power plant in Maharashtra
  • Acting for several wind power generators for their projects, project finance and regulatory issues
  • Advising State of Maharashtra on their 660MW thermal power plant Advising on land acquisition, project finance, EPC contracts and regulatory issues
  • Advising an Indian company for setting up a green field 186 MW hydro power plant in Nagaland.
  • Advising on external commercial borrowings, debt and equity project financing, tax structuring, regulatory issues, land acquisition and all related aspects
  • Appearing and advising in 6 different arbitration for one of the most recognized international automobile companies
  • Representing a leading telecom tower & infrastructures company in their US $ 50 million arbitration against a leading telecom infrastructure service provider
  • Represented one of the largest container terminals of India for their
  • Appeared on behalf of a company in the energy sector for arbitration on issues concerning electricity franchisees contracts
  • Advised and appeared for Power Distribution Company in the Arbitration matter initiated against an electricity state utility in relation to dispute concerning interpretation of Power Distribution Agreement involving claim amount of Rs 14 Crores
  • Appearing and advising in a commercial arbitration for breach of trust on behalf of a Mumbai based marketing and distribution company
  • Acting for an off-shore construction company against ONGC where arbitral award hasn’t been passed for 17 years
  • Advising and appearing for a leading ethanol manufacturer in their construction arbitration involving bad faith, impossibility to perform issues
  • Advising and acting for off-shore construction companies for their commercial disputes, technical claims, commercial claim arbitration and litigation arising from such actions
  • Filed information and obtained a favourable order from the Competition Commission of India against the abuse of dominance by Coal India and its subsidiaries in supply of coal to the core industries like sponge iron. This is one of the biggest competition action initiated against Coal India, a public enterprise enjoying statutory monopoly, in recent history
  • Represented one of the largest infrastructure finance companies in their action, before the CCI, prosecuting an abuse of dominance action
  • Acted as sole advisor for private equity transactions of Rs.781 million infused by a State Utility in its project for expansion of power plant
  • Advising a leading financial institution on 6 strategic joint ventures for their client in manufacturing sector
  • Advisor to infrastructure consultants for infra projects
  • Advising one of the largest Japanese conglomerate on their shareholding issues pertaining to their 660 mw power plant in India
  • Advising a leading foods company on their alternate investment fund issues for over Rs. 1200 crores
  • Advised a solar power plant in Maharashtra on their corporate issues, shareholder rights issues & project issues
  • Advising one of largest hotel chain on their India properties for regulatory & corporate issues
  • Acting as Counsel and Advocate-On-Record for an electricity state utility in an arbitration involving approximately Rs. 3,000 crores
  • Advised and appeared as Counsel for an electricity state utility for their issues concerning tariff for wind generated power purchase involving financial implications in excess of Rs. 800 crores every year for 8 years
  • Filed Information before Competition Commission of India against the abuse of dominance by Coal India and its subsidiaries in supply of coal to the core industries like steel industries, power industries, sponge iron industries, cement industries etc. This is one of the biggest competition action initiated against Coal India in recent history
  • Advising and appearing for one of the largest sugar factories for their Renewable Energy Certificates issues before Central Electricity Regulatory Commission
  • Appeared for an electricity state utility for their various issues arising from their PPAs of cogeneration plants, hydro plants and captive plant
  • Advising a group for setting up Grid Connected Solar power project in Maharashtra. Advising and advised projects for solar, hydel (micro, mini, small, medium and large), wind and fossil fuel based power plants on tariff issues, expansion issues
  • Advising a State Utility for their proposed thermal power plant of 660MW
  • Advising a private company for their upcoming thermal power plant in North-East region of 300MW with further expansion plans
  • Upcoming thermal power plant in North-East region of 300MW with further expansion plans
  • Representing an electricity state utility in their tariff and policy matters before MERC (Maharashtra State Electricity Regulatory Commission) and APTEL (Appellate Tribunal for Electricity, India)
  • Representing biomass power producers and cogeneration green power producers for their tariff and policy matters
  • Represented one of the largest steel manufacturers for its tariff and policy matters on fossil based cogeneration power plants
  • Advised and acted for an electricity state utility for the Additional Supply Charge issues before MERC and APTEL
  • Advised one of the largest oil exploration companies in India on their issues pertaining to upstream oil exploration issues and business in India
  • Advise power companies for EPC contracts, projects, project finance
  • Advising companies for cogeneration projects, hydro projects
  • Advisor to some power projects for their project financing transactions
  • Advisor to consultants advising power and energy projects
  • Drafted EPC contract and finalized agreements for a proposed Power Project of 800 MW capacity. Project value approximately US$ 800 million
  • Acting as advisors and counsel on issues concerning tariff for conventional, wind and hydel generated power purchase
  • Appeared for issues concerning Additional Supply Charge, for various contentious issues arising from Power Purchase Agreements (PPA’s) of thermal power plants, cogeneration plants, hydro plants and captive plants
  • Representing state utilities in their tariff and policy matters
  • Advised and appeared for Power Distribution Company in the Arbitration matter initiated against an electricity state utility in relation to dispute concerning interpretation of Power Distribution Agreement involving claim amount of Rs. 14 Crores
  • Advised and filed a Petition before the MERC for refund of approximately Rs. 1.5 Crores wrongfully recovered by an electricity state utility and state transmission company from a short term TSU under the Power Purchase Agreement
  • Advised and representing Power generators of State of Maharashtra and other states challenging the concept of cross subsidy surcharge
  • Advising companies on open access and cross subsidy surcharge issues
  • Advised power generators and open access users on power exchange issues
  • Advised State of Maharashtra for the inland water transport project

  • *Please note that the experience mentioned above is only representative, some engagements / assignments / instructions cannot be mentioned for reasons of confidentiality.