Projects & Project Financing In India- Risk Identification, Allocation & Mitigation
Ran Chakrabarti, Partner, IndusLaw

It's no secret that India's infrastructure is in critical need of wholesale overhaul, if it is going to launch itself into a sustained growth trajectory and unleash the potential of its human capital. However, if last year's project finance deal statistics are to be believed, the evidence on the ground suggests that infrastructure financing lags way behind what's necessary to sustain growth.

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Cairn Energy Loses Retrospective Tax Case Before Indian Appellate Tribunal
RAN CHAKRABARTI, PALECANDA M. CHINNAPPA AND PRASHANT SREENIVASAN, PUBLISHED ON MONDAQ.COM, APRIL 2017

Cairn Energy recently lost its appeal before an Indian tax appellate tribunal in relation to the charging of retrospective capital gains tax. We analyse the implications of the ruling and the risks arising for foreign investors restructuring their Indian operations.

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INDIA: JOINT VENTURES IN INDIA'S ATOMIC ENERGY: ANY TAKERS?
RAN CHAKRABARTI, PARTNER AND NANDITA BOSE, ASSOCIATE, INDUSLAW, PUBLISHED ON MONDAQ.COM, FEBRUARY 2017

The Atomic Energy (Amendment) Act, 2015 (the "Amendment Act") essentially expanded the definition of "Government Company" in the Act to include a joint venture formed between NPCIL and a PSU.This article considers the implications of the Amendment Act, assesses its impact over the year since the Act was amended and more importantly, puts it into context of the estimated capital costs of a nuclear build out.

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Solar Power In India: Solar Panels, Domestic Content Requirement And The WTO
Ran Chakrabarti, Partner, Anubha Sital, Senior Associate and Shaima Khan, Associate, INDUSLAW, PUBLISHED ON MONDAQ.COM, June 2016

The National Solar Mission or the Jawaharlal Nehru National Solar Mission (the "JNNSM") adopted by India in 2010 targets generation of 100,000 MW of grid connected solar power capacity by 2022.

 
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Need to develop contractual and regulatory mechanisms
Nishant Singh, Partner, IndusLaw, Published on Business-standard.com, August 2015

Given the large asset size and long life (between 10 to 50 years) of public-private-partnership (PPP) contracts, the stakes are enormous for all parties. It is necessary that these contracts are sustainable throughout the life cycle of the infra project.

 
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India: Civil Nuclear Liability Law In India
Ran Chakrabarti, Partner, IndusLaw, published on MONDAQ.COM, May 2015

Back in January this year, India and the United States reached an understanding, in public at least, on the commercial liability of suppliers for nuclear accidents in India. The general understanding appears to be that operators of nuclear facilities in India will continue to remain primarily liable for a nuclear incident and that any residual liability of suppliers for damage arising from a nuclear accident will be mitigated by an insurance pool, funded by Indian insurers and the Government of India.

 
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PPP In The Rail Sector - Challenges For Modernizing India’s Rail Network
Ran Chakrabarti, Partner, IndusLaw, Published on Mondaq.com, May 2015

Back in February this year, India announced an ambitious rail budget, proposing to invest almost USD 16 billion in rail projects over the coming year.1 Previously, in December 2014, it had further liberalized the sector to permit foreign direct investment of up to 100 per cent across a range of rail assets, including the construction, operation and maintenance of high-speed, suburban and freight corridors, signaling and infrastructure projects and the manufacturing and maintenance of rolling stock.

 
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Railways Budget: A gravy train for the investors?
Nishant Singh, Partner, IndusLaw, Published on VCCircle.com, July 2014

The Railways Budget lacks clear blue print but creates a clear blue water between this budget and any previous budgets. I guess, by now, most of us have deliberated the bold to the fine print of the Railways Budget 2014-15. At the first blush, it looks delightfully vague. Unable to see a clear blue print, the stock market gave its knee jerk reaction by shedding 518 points. Given the clean mandate of the Modi Government and its market-based reformist approach and, more importantly, after taking the bravest move to hike 14.2% in passenger fares and 6.5% in freight tariffs, FDI was expected to be like a clear writing on all railways coaches!

 
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