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Energy & Infrastructure

Energy & Infrastructure

Energy & Infrastructure

ALO has a combined experience exceeding 50 years in Power Sector. We have advised on India’s first ever power sector reforms in Odisha (1995) and Daewoo Power in setting up a 1000 MW Thermal Power Project in the State of Madhya Pradesh (1996), being one of the first visible manifestation of the new liberalized environment during the early 1990s to foreign power producers (IPP) to set up power plants in the country.

Today, we have completed a full circle. ALO is advising clients on the entire gamut of power sector, involving the entire value chain of transmission, generation, distribution, and trading as well as on all aspects of litigation, regulation, policy advisory, judicial and quasi-judicial decision making and investment. ALO has full range of expertise in power sector clients before Supreme Court, High Courts, Appellate Tribunal for Electricity (“APTEL”), Central Electricity Regulatory Commission (“CERC”) and all State Electricity Regulatory Commissions (“SERC”) in India in drafting and filing petitions and appeals; representing and arguing matters.

For Utilities, we act and appear on behalf of the largest power sector utility in Odisha, in several matters before the APTEL, the CERC and the Odisha Electricity Regulatory Commission (“OERC”). Similarly, we advise the country’s century old electricity distribution utility in West Bengal and its group companies.

In the judicial and quasi-judicial decision-making space, ALO advises and represents the Electricity Regulatory Commission’s lead team member having acted as the Principal Legal Advisor of Central and State Regulators.

Advised Central Regulator on landmark ‘Compensatory Tariff’ for ultra-mega power project which was ultimately upheld by Supreme Court.

We have also advised the Central Regulator on a landmark decision confirming its jurisdiction on electricity derivatives, and futures for trading in power exchanges, under Power Market Regulations, as well as appeared before the Lucknow Bench of the Allahabad High Court on enforcement of Unscheduled Interchange (UI) mechanism against Uttar Pradesh Power Corporation Limited for enforcing grid discipline.

In the Private Sector, ALO advises the Electricity Distribution Utilities on legal issues arising out of the Annual Revenue Requirement and Tariff Fixation as well as diverse contractual aspects. We are actively involved in helping Distribution in various Petitions and Appeals before the Supreme Court, Appellate Tribunal, High Court, Central and State Regulator.

In the Transmission Sector, we have extensively advised Transmission Utilities on claims arising out of force majeure in cases before the APTEL.

In Renewable Energy Sector, we have acted on the Advisory Committee of the Indian Ports Association to analyse and strategize the status of 12 major ports for independent distribution and supply of electricity and solarisation of ports for increasing power penetration in ports sector. For the Shakti Foundation, we rendered opinion on the legality of ‘Electric Vehicles and Impact on the Grid’.

ALO is advising clients in relation to engineering, manufacturing, and supplying of wind turbine generators necessary to establish wind farm projects in India.

We represent Solar Power Plants and Wind Energy Developers before the APTEL and State Regulators, and extensively advise them on issues related to backing down, force majeure, evacuation, payment disputes, forecasting, scheduling, wind zoning, etc. In the Hydro Sector.  In the Hydro Sector, we are representing Hydro Power Plants before the State Electricity Regulatory Commission and APTEL on issues arising out of cross subsidy surcharge, wheeling charges, additional surcharge, etc. ALO lawyers have appeared before the State Regulator on the matter of determination of wind tariff considering accelerated depreciation benefits and they have successfully defended the case which has culminated into a landmark APTEL judgment upholding the power of ERCs to reopen concluded PPAs.

Hydrocarbons

ALO has worked with clients in structuring and drafting of service contracts in relation to exploration and production of natural gas and joint participation agreements pertaining to setting up of solar power plants. ALO has been involved in drafting, negotiating and finalizing of sale of gas and gas transportation agreements and has rendered opinions on various issues under the production sharing contract, power purchase agreements and joint operating agreements in relation to exploration and production of crude oil.

Aviation

During the past few years, India’s aviation sector has undergone several extensive and fast-paced changes putting it on a high-growth trajectory. This is a fiercely competitive industry, catering to everyone from commercial passengers to businessmen to individual companies and even entire Governments. With the presence of several private and public airlines with several different consumer-oriented offerings, India’s aviation sector is one of the biggest and most diverse sectors of legal practice.

ALO provides advice on every significant area of aviation law and litigation. We assist our clients with all aspects of the aviation business such as acquisition of aircraft, financing documentation for acquisition of aircraft, leasing of aircrafts, leasing of spaces at the airports, acquisition of landing rights/slots, spaces within the airports, securing permissions/approvals from Civil Aviation Authorities. We have extensive experience in dealing with the regulatory agencies.

ALO is well-equipped to handle all legal and commercial matters regarding the aviation sector, both Indian and International, including litigation, corporate work, passenger claims, baggage and freight claims, drafting various types of contracts such as employment contracts, real estate contracts and other related matters.

We have advised a bidder in the first ever Airport privatization exercise in the bidding process and legal due diligence for acquisition of 74% stake in the Mumbai and Delhi Airports (2005).

Evaluation, Scrutiny and Certification

ALO Partners, Senior Associates and Associates have years of experience in the field of evaluation, scrutiny, record search, negotiation, documentation, and certification of real estate transactions. We assist Clients with the purchase and sale of numerous types of real estate properties and holdings such as leasing and leasehold financing of high-rise office buildings, residences, shopping centres and industrial complexes. ALO has a keen interest in exploring this entire field of law and as a result we have had the unique experience of representing various sides and perspectives in the field.

The Firm has acted to protect the interests of developers, manufacturers, purchasers, sellers, financial institutions, hoteliers, and residential users alike and this has provided us with a unique appreciation for this field of law and its disputes.

ALO advises on all aspects of real-estate acquisition, sale, development, and finance, including environmental compliance, joint ventures, leasing, management, and taxation. Our firm’s services include conducting Due Diligence Audit of a business’ lease, mortgage and title to determine issues facing a transfer including title verifications and certifications, drafting and negotiation of sale, mortgages and other security instruments, development of a tax friendly model to minimize the revenue and stamp duty impact of any proposed real estate transaction, co-ordinating with local counsels to secure compliance from the local authorities and bodies regarding zoning and municipal regulations and procuring all applicable approvals.

Mining and Minerals

India’s mining sector plays a crucial role in the industrial development of the country. FDI of up to 100% is permissible through automatic route for coal and lignite mines. ALO provides strategic advice to both Indian and Foreign private companies as well as Public Sector Undertakings.

ALO aids in formulating legal opinions on joint ventures and mergers and acquisitions, conduct due diligence, assist in obtaining approvals and consent from competent authorities, negotiate, draft and vet bidding documents, coal import, supply and marketing agreements, drilling contracts, lease agreements pertaining to mining and quarrying, sub-contracting agreements, etc.

Project and Project Financing

ALO has been at the forefront of the changes sweeping through the Indian landscape in the infrastructure area over the last ten years with extensive representation of banks and financial institutions, and multilateral institutions, in infrastructure work.

Our areas of focus include Project Development and Project Finance. We specialize in providing aid at all stages of Project Development starting from initial project planning and structuring to engineering, procurement and construction agreements while also advising our clients on labour and employment issues and compliance with rules and regulations of the land. Our experience includes a broad spectrum of financing arrangements, including capital markets issuances of debt and equity, securitization, and structured finance techniques. At ALO, we also focus on providing innovative financing solutions to our clients in the realm of significant infrastructure investment in India.

We have specifically advised clients on and participated intensely in the structuring, contracting, financing and project implementation of power, telecommunication, satellite-based communication, oil exploration, under sea broadband communication cable and road building projects. We have represented various stakeholders including domestic and foreign financial institutions, promoters, and equipment suppliers thereby gaining extensive expertise in various domestic and cross-border transactions.

Consistent with the unique and market leading profile of the attorneys at ALO, our attorneys have experience of the complex web of regulatory, tax, transactional and environmental issues arising out of these transactions; as a result, often have a decided advantage in the drafting and negotiation of key business points and documents. Illustratively, we are experienced in thermal, turbine, hydroelectric and alternative energy power projects, cable, wireless-in-local-loop, mobile telephony and paging service projects, satellite based personal communication projects, undersea broadband cable projects, oil exploration projects and a variety of model highway projects.

Urban Transport

The transport sector, even in this day and age, remains vital to our country’s economic growth and health. ALO lawyers have a deep insight into this sector. We are committed to understand the complex needs of our clients to ensure we deliver highly effective solutions crafted for those specific needs. Drawing from a pool of expertise from across the firm, our collaborative approach allows us to build the right team for each client. Our transport lawyers work across the entire sector including highways and road transport, rail, aviation and marine and ports.

In Urban Transport, ALO has advised the State Government of Kerala in drafting the legislation for an Integrated Urban Transport System in Air, Railways, Inland Waterways and Roads.

ALO members have worked on the setting up of a dedicated captive railway network in connection with development of Iron Ore Mine and Port Facility in a State on behalf of a leading global mining group that focuses on finding, mining and processing the Earth’s mineral resources.

Telecommunication

The Indian telecommunication and network industry witnessed tremendous growth in the last couple of decades with the rapid growth and modernization of technology. India, like most other countries, started as a government monopoly and has gradually liberalized the sector by allowing private sector participation.

To meet the needs of this growth, Indian legislature has passed various laws which have had a significant impact on the industry. The industry is majorly governed by the Department of Telecommunication (DoT) and Telecom Regulatory Authority of India (TRAI). DoT and the Telecom Commissioner manage the policy framing, licensing, wireless spectrum management, administrative monitoring, research and development, private investment, etc., while TRAI manages the need and timing for introduction of new service providers, terms and conditions of license and its compliance, technical compatibility and effective inter-connection between different service providers, etc.

Under the TRAI Act, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) was established empowering the Tribunal to adjudicate disputes and pass directions between the service providers, licensor and licensee, service providers and a group of consumers.

Water and Ports

ALO has a dynamic and multidisciplinary reputation in securing the best outcome for our clients pertaining to maritime disputes. ALO helps its client with the following:

  • Complying of the rules and regulations concerning operating in Indian Territorial Waters.
  • Providing legal advice and solutions on issues like non-payment of wages, work conditions issues, etc.
  • P & I Clubs, International Marine Underwriters, Ship owners & Charterers.
  • Safeguarding the interest of Indian and Foreign nationals travelling on ships.
  • Making claims on behalf of the client for charges and recovery made by Port authorities, customs and Port Limits and resolving any related dispute.
  • Handling all aspects related to the incorporations of offshore companies.
  • Insurance claims.
  • Representing clients before the District and High Courts of various States and the Supreme Court of India and also in arbitrations, both domestic and international.
  • Drafting, analysing, and scrutinizing documentation related to mortgage and financing of ships.
  • Drafting, analysing, and scrutinizing legal letters and agreements including charter party and bare boat agreements.

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.