One of the key drivers for the Indian economy is infrastructure development. The sector holds a great significance for the country’s overall development. The Indian government has taken several initiatives and announced many reforms for the growth of the Infrastructure sector of India. Some of the initiatives include, allocation of USD 1.89 billion to the Atal Mission for Rejuvenation and Urban Transformation and Smart Cities Mission under the Union Budget 2021-2022, proposal to set up a National Bank for financing Infrastructure and development to fund infrastructure projects in India, greater push for monetisation of infra assets and creation of 'National Monetisation Pipeline' of potential brownfield infrastructure assets.
With the liberalization of the foreign direct investment policy, the Infrastructure sector has attracted substantial foreign investments. Besides, there are many private players who have expressed their interest to invest in this sector in view of the various initiatives and reforms undertaken by the Government of India. With the notification of regulatory regime for the Infrastructure Investment Trust, the infrastructure sector is expected to attract the private equity players as well.
Our team has a well-established track record in advising clients on various legal aspects of infrastructure projects in India. The team’s experience spans across sectors to include projects in the power, road, port, oil & gas, renewable energy, railways, telecommunications, mining, hotel, leisure, healthcare, logistics, education, media and manufacturing sectors. The team is well-experienced and skilled in handling unique issues that arise when public and private sectors collaborate under the Public-Private-Partnership framework. The team works closely with our other practice teams to ensure that clients are provided with in-depth and sector specific advice along with end-to- end solutions. The firm advises its clients across the spectrum ranging from government entities, engineering and construction companies, owners, investors and operators on a wide array of matters through the entire life-cycle of a project to include:
Advising on transaction structuring, project development, tender and pre-bid advisory, risk analysis and mitigation advisory including regulatory compliances/ clearances, dispute management and dispute resolution, contract management including sub-contracting arrangement, drafting project documentation, conducting comprehensive due diligence exercises covering tax, environmental and compliance related issues, reviewing project contracts and advising on loan, security documents for financial closure, besides others.
Drafting, structuring, vetting, negotiating and finalizing main and ancillary agreements of a project to include concession agreements, power purchase agreements, implementation agreements, EPC contracts, consortium arrangements, operation & maintenance contracts, memorandum of understanding, term sheets, bidding documents, fuel supply/transportation agreements, joint venture agreements, shareholder and share subscription agreements etc.
Advising in development, financing and acquisition of infrastructure projects and matters incidental to it.
Advising and assisting in relation to obtaining necessary licences/permissions from the Indian regulatory authorities.