Overview

THE REGULATORY ENVIRONMENT

The regulatory environment of the infrastructure and power sector in India is currently characterized by progressive reforms and strategic initiatives aimed at promoting growth and sustainability. The government has introduced policies to attract investment, such as the National Infrastructure Pipeline and the Production-Linked Incentive scheme, enhancing the sector’s appeal to domestic and international investors. In the power sector, significant emphasis is placed on renewable energy, with ambitious targets set for solar and wind energy capacity.

The regulatory environment of the infrastructure and power sector in India is currently characterized by progressive reforms and strategic initiatives aimed at promoting growth and sustainability. The government has introduced policies to attract investment, such as the National Infrastructure Pipeline and the Production-Linked Incentive scheme, enhancing the sector’s appeal to domestic and international investors. In the power sector, significant emphasis is placed on renewable energy, with ambitious targets set for solar and wind energy capacity. Regulatory frameworks have been revised to ensure fair competition, tariff regulation, and efficient dispute resolution, fostering a more stable and investor-friendly climate. These changes reflect India’s commitment to modernizing its infrastructure and power sectors while prioritizing environmental sustainability and economic development.

HOW CAN WE SUPPORT YOU?

Our integrated legal solutions encompass the entire project lifecycle, from inception to financial close, covering design, construction, equipment supply, operations, and management. We facilitate clients in conducting due diligence exercises, negotiating concessions, and drafting crucial contracts such as design consultancy, construction, civil engineering, equipment supply, and O&M agreements.

Our integrated legal solutions encompass the entire project lifecycle, from inception to financial close, covering design, construction, equipment supply, operations, and management. We facilitate clients in conducting due diligence exercises, negotiating concessions, and drafting crucial contracts such as design consultancy, construction, civil engineering, equipment supply, and O&M agreements. Our approach ensures that sponsors and lenders can effectively allocate and minimize delivery and performance risks. Furthermore, we extend our advisory services to project companies, sponsors, strategic investors, and funds concerning equity dilution, investments in equity and debt securities, and public offerings. The infrastructure team is complemented by collaboration with other specialized teams within ELP, including real estate, corporate commercial, tax, banking and finance, competition law, and dispute resolution.

Services

Advisory 

Our team assists in end to end advisory on transactional documentation. Our experience is varied and includes the drafting, review and negotiation of:  

  • Invitations for tenders and bidding documents 
  • Concession Agreements, Implementation Agreements, and State Support Agreements 
  • Power Purchase Agreements and/or Power Conversion Agreements 
  • Fuel supply 
  • Financing Documentation including Facility Agreements and Security and Contractual Comfort Agreements 
  • Joint Venture, Share Subscription and Shareholders Agreements 
  • Verification of title to underlying property, sale deeds, lease deeds and development agreements and other conveyance deeds in relation to acquisition of rights, interest or title in the underlying property 
  • Engineering, Procurement and Construction contracts 
  • Service Agreements and Consultancy Arrangements 
  • Operation and Maintenance Contracts 

Compliance 

At ELP our comprehensive due diligence reviews encompass various critical areas, including transactions, finances, environmental impact, taxation and regulatory compliance. Our dedicated team ensures meticulous adherence to all relevant laws, including project-specific regulations, investment laws, corporate law, indirect taxes, developmental regulations, environmental mandates, labor laws, corporate governance, exchange controls and other vital commercial legislations.  

Tax Structuring  

ELP’s infrastructure team synergizes seamlessly with its tax experts to design and execute tax-efficient structures. By proactively identifying potential tax exposures, we ensure our clients benefit from optimal tax arrangements while adhering to all relevant regulations. 

Risk Strategy Advice 

Our team excels in providing comprehensive support for risk allocation and management, encompassing all aspects of both privately financed and state-funded infrastructure transactions. We are well-versed in handling the unique features associated with risk allocation and management structures, ensuring our clients receive expert guidance and optimal risk mitigation strategies. 

Dispute Resolution 

Our collaboration with the dispute resolution team enables us to provide comprehensive litigation services to our clients. With a strong presence across judicial and arbitration fora, we adeptly represent clients before various tribunals, quasi-judicial bodies, and competent courts. These include prominent institutions such as the Electricity Regulation Commissions, APTEL (Appellate Tribunal for Electricity), Petroleum and Natural Gas Regulatory Board, ensuring our clients receive proficient representation throughout their legal proceedings. 

Thought Leadership

Newsletter/Booklets 23rd Jul 2024

Union Budget 2024-25 – An Analysis by Economic Laws Practice

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Newsletter/Booklets 23rd Jul 2024

Budget Buzz – Infrastructure

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News & Media 23rd Jul 2024

Budget 2024: Modi govt powers up India’s green energy revolution, embraces nuclear energy

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Newsletter/Booklets 29th May 2024

ELP Knowledge Series India Update Part 1 of 2024

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Articles 12th Mar 2024

Dealing with Insolvency – IBC’s impact and role in the resolution process

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Articles 10th Feb 2024

Interim Budget 2024: Finance Minister boosts spending on infrastructure, green energy sectors

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News & Media 2nd Feb 2024

Budget 2024: FM announces ?11.11 lakh crore capex in FY25, up 11%

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News & Media 1st Feb 2024

Budget 2024 Infrastructure Sector News – Outlay increased to Rs 11.11 lakh crores in FY25

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Recent Matters

Infrastructure, Projects & Energy

Assisted a leading airport construction company in its Concession Agreement with the State Government for development, operation and maintenance of...
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Assisted a leading airport construction company in its Concession Agreement with the State Government for development, operation and maintenance of greenfield airport.
Infrastructure, Projects & Energy

Advised a leading Indian port operator on its acquisition of the Abbot Point Coal Terminal X-50 in Australia.

Advised a leading Indian port operator on its acquisition of the Abbot Point Coal Terminal X-50 in Australia.
Infrastructure, Projects & Energy

Advised an energy major on various benefits under the Foreign Trade Policy (FTP) for setting up a nuclear power project...
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Advised an energy major on various benefits under the Foreign Trade Policy (FTP) for setting up a nuclear power project in India.
Infrastructure, Projects & Energy

Advised Adani Power in (i) setting up of a coal-based power plant in India and supply of the entire power...
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Advised Adani Power in (i) setting up of a coal-based power plant in India and supply of the entire power to an overseas power distribution company through transmission lines upto the border connecting to the overseas grid.
Infrastructure, Projects & Energy

In the drafting, review and negotiation of a power purchase agreement for cross border supply of power to a neighboring...
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In the drafting, review and negotiation of a power purchase agreement for cross border supply of power to a neighboring country.
Infrastructure, Projects & Energy

Advised Transworld Group in selling its containerized domestic coastal and Exim feeder shipping business to Unifeeder

Advised Transworld Group in selling its containerized domestic coastal and Exim feeder shipping business to Unifeeder
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People

Recognitions

What People Say

An interviewee appreciates that the team members are “clear in their strategy, quick and efficient in their responses and practical in their application of knowledge.”

Chambers Global

Highly professional and extremely client-centric. Their response time is excellent and I found their advice to be commercially sound and strategic.

AsiaLaw

ELP has a good team with excellent local knowledge and a demonstrable professional approach. They’re excellent and I recommend them.

Chambers Asia Pacific

They provide a great and timely response, with proper advice on various matters. The client service is very professional and delivery is within the expected timelines. ELP has the adequate knowledge of the laws and commercial acumen for advising on various matters.

Chambers Asia Pacific

Good work. A decent understanding of the nuances of project development and concession agreements.

IFLR 1000

Despite the matter being routinely adjourned, the firm has been as proactive as possible in courts to maintain steady progress.

Benchmark Litigation

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