Aviation

No other law firm in India has the deep experience in aviation and airports´ law that MVKini offers. The firm has played a key role in the transformation of the sector from a state-owned monopoly to one of the dynamic drivers of India’s growth and liberalisation.

MVKini has been involved at every phase of the sectors growth. The firm is retained by the national carrier Air India and has negotiated the sale and purchase and resale of its Boeing and Airbus aircraft as well as joint venture agreements. MVKini advises private airlines seeking approvals from the Directorate of Civil Aviation and the negotiation and vetting of code share agreements. Other work includes the drafting of agreements on software, in-flight entertainment, flight simulators and payment gateway facilities. As well as being an expert in the Indian aviation sector and the country’s leading advisor in crash enquiries, the firm advises on international aviation treaties and protocols.

The aviation practice head is MVKini’s managing attorney, Ravi Kini.


Key transactions
Highlights of MVKini’s experience includes:

Negotiated and drafted contracts for Air India to purchase 68 commercial aircrafts valued at US$7 billion, from the Boeing Company, USA;

Advised Air India on the framework agreement with the Boeing Company, for setting up a maintenance, repair and overhaul facility at SEZ, Nagpur, Maharashtra;

Represented Air India Express before the Court of Inquiry into the cause of the accident on 22.05.2010 at Mangalore Airport;

Represented Air India before the Competition Commission of India and other courts;

Assisted Utair, the largest Russian helicopter operator, in the set-up of a private limited company in India and helped obtain approvals from the Directorate General of Civil Aviation;

Assisted Air India to set up its subsidiary low-cost airline Air India Express;

Vetted the aircraft sale agreements, aircraft operating lease agreements and supporting documentation relating to seven Airbus A-320-200 aircraft.

Power & Energy

MVKini is recognized as a law firm with diverse and deep understanding on issues pertaining to the power and energy sector. We advise clients about the development, financing and construction of energy projects and provide legal assistance at every stage of the project covering legal, compliance, documentation, negotiation and dispute resolution issues. The firm’s legal services encompass a wide range of activities that include negotiating, drafting and interpreting project documents including concession agreements, EPC contracts, power purchase agreements, operation and maintenance agreements, financing and security documents and environmental and regulatory compliances. The firm also advises on risk management and legal opinions relating to issues in the power and energy sector.

India has a long history with nuclear power and has ambitious future plans for this energy source. With the recent developments in the nuclear sector and India’s adoption of the Civil Liability for Nuclear Damage Act allowing the country to take part in international nuclear trade has triggered many opportunities in the nuclear sector. This significant development requires lawyers with specific knowledge and experience in the nuclear industry. MVKini is one of the few Indian law firms with in-house expertise on numerous international treaties and domestic laws and developments relating to the nuclear sector to be able to offer insightful legal advice. Under Els Reynaers Kini, it is well placed to represent various stakeholders in the nuclear energy industry. She has experience in the sector and has previously worked with Allen & Overy in Brussels and Giordano & Associates in Chicago. Els is also the secretary of the Nuclear Law Association of India.

The firm provides a full spectrum of legal services to the power industry including:
Arbitration (domestic and international)
Capital markets/securities
Commercial litigation
Construction and engineering
Environmental
Intellectual property
Mergers and acquisitions
Project finance
Private equity
Tax



Some of the firm’s high profile cases include:

It is providing legal assistance to a Belgian Solar Power Producer for a 15MW Solar PV power plant in the Indian state of Gujarat. The firm will be providing assistance in the EPC contracts, subcontracting, issues with suppliers and contractors, dispute resolution with subcontractors, tax implications, VAT refund and negotiations with the suppliers and contractors and drafting of various agreements.

The firm is advising and representing BEST (Brihanmumbai Electricity Supply and Transport Undertaking) in several cases before the Supreme Court of India and the Appellate Tribunal for Electricity.

It advised and assisted Moser Baer Energy and Development Limited and lenders in drafting and executing financing documents for the facility of US$26 million sanctioned to set up a 15MW solar PV power project in the Porabandar district in the Indian state of Gujarat.

MVKini assisted Bank of Baroda, India in sanctioning a loan to Caparo Power Private Limited for the development, construction and operation of a 26MW gas-based captive power plant and its related facilities in Bawal Industrial Area in the northern Indian state of Haryana.

It advised and assisted the Punjab National Bank Consortium for credit facilities in the amount of US$727 million t IL&FS Tamil Nadu Power Company Limited for setting up a 1200MW coal-based thermal power project. A total amount of over US$1 billion, the total estimated cost of the project, has been secured through hypothecation of moveable properties, accounts assets, receivables and project documents.

It advised and assisted Bank of Baroda for a term loan US$26 million with a sub-limit of US$13 million for ILC/FLC and a sub limit of US$3 as bank guarantee. It also negotiated a bridge loan of US$8 million sanctioned by Solitaire Energies Private Limited to set up a 15MW solar PV power project in the Banaskantha district in Gujarat.

The firm advised and assisted Bank of Baroda for a term loan US$26 million with a sub limit of US$13 million for ILC/FLC and a sub-limit of US$3 million as bank guarantee. It also helped secure a bridge loan of US$8 million sanctioned by Precious Energy Services Private Limited to set up a 15MW solar PV power project in the Banaskantha district in Gujarat.

It acted as the sole legal counsel for Rural Electrification Corporation Limited for its Public Issue of Tax Free Secured Redeemable Non-convertible Bonds for debentures in the amount of US$489 million in the 2011-2012 fiscal year and for US$815 million in 2012-13.

The firm has provided legal assistance to Solitaire Energies Private Limited, Uttar Pradesh Power Corporation Limited, Moser Baer Energy Development Limited, etc.


Key People
Els Kini, Ravi Kini and Vidisha Krishnan.

SHIPPING & MARITIME

MVKini has extensive experience in legislative drafting and has drafted new provisions and identified the provisions for the amendment of the Merchant Shipping Act, 1958. The firm is currently in the process of drafting the Airport Development Fees Rules for the Airports Authority of India and Airport Economic Regulatory Authority.

Over the years MVKini has handled numerous prestigious assignments. Some of the recent assignments include:

The firm is part of the panel for the Mumbai Port Trust as well as the Shipping Corporation of India. It handles all types of litigations and other documentation and opinion issues for the two organisations.

MVKini advised the Shipping Corporation of India in its dispute with JV Company. The case had international legal ramifications because it involved interpretation of the governing documents. The firm also advised the Corporation on the case’s consequential implications on international loan commitments. Apart from interpreting agreements and participation in dispute resolution, the firm has rendered legal opinions on issues relating to corporate laws. It also continues to assist in JVC’s de-merger.

It advised on the issue of Tax-Free Secured Redeemable Non-Convertible Bonds on the nature of debentures having tax benefit under Section 10(15)(iv)(h) of the Income Tax Act, 1961. The case involved Jawaharlal Nehru Port Trust’s revenue of US$322 million in the 2012-13 fiscal year. The assignment involved carrying out due diligence, drafting offer documents and other transaction related documents, opinions, discussions and meetings with lead managers (merchant bankers), SEBI officers etc.

The firm assisted in the drafting and execution of a “Memorandum of Agreement” for the purchase of a vessel for it’s client.

It vetted an agreement to design, build and launch a ship for its client and to equipping a 3,000 dead weight ton mini bulk carrier through ship building contractors based in China.

The firm drafted the supplementary agreement to a shipbuilding contract for the construction of a 300 dead weight ton mini bulk carrier for a client.

The firm vetted a time charter agreement for a client.

MVKini vetted a Memorandum of Understanding for the provision of two self-propelled barges on a time-share basis by a client. The charter facilitated the smooth barging of cargo operations at the outer Kandla Port in Gujarat, India.

It advised clients in the preparation of a proposed Memorandum of Understanding for sub-contracting services provided to the appointed contractor in the project. The Cairn Energy India project was for single point mooring support vessel operations at Bhogat in the Indian state of Gujarat.

The firm drafted the consulting services agreement between a client and their consultant for the provision of technical expertise and experience with respect to barge, coastal and inland operations and lighterage.

It drafted the show cause notice and the winding up of a company petition on behalf of our client for the recovery of the outstanding dues for the barge operations undertaken by the Client.

It drafted and identified the provisions for the amendment of the Merchant Shipping Act, 1958. It carried out legislative gap analysis in the existing Merchant Shipping Laws/ Rules to ratify the Maritime Labour Convention of 2006.

It drafted the proposed Merchant Shipping (Cargo ship-Construction and Survey) Rules of 2010 for the Directorate General of Shipping, Ministry of Transport and Shipping in super cession of the Merchant Shipping (Cargo Ship-Construction and Survey) Rules of 1991. This was done in accordance with rules pertaining to International Convention for the Safety of Life at Sea (SOLAS) of 2009.




Els Reynaers Kini
Partner

Els Reynaers Kini is a partner at MVKini and heads the firm’s environment practice. She has law degrees from the Free University of Brussels, Belgium (magna cum laude), and the University of Delhi, India. She completed her LL.M. at the University of Georgia, USA, which included a thesis on the regulation of transboundary movement of hazardous wastes in the US and the EU.

Before moving to India in 2001, she worked as a lawyer on environment and energy-related issues at Allen & Overy in Brussels and at Giordano & Associates in Chicago.

Prior to obtaining her Indian law degree, Els worked as a researcher at The Energy and Resources Institute (TERI), New Delhi, where she headed the Centre for Global Agreements, Legislation and Trade. She worked closely with the Government of India on its WTO trade and environment negotiations. She taught environmental law on the TERI School of Advanced Studies’ Masters Programme.

Els specialises in environmental law, food safety regulations, nuclear law and international trade disputes.

She has extensive experience assisting companies with their environmental compliances as part of due diligence exercises, ongoing business operations and litigation processes. She helps clients chalk out their compliance strategy, which often includes obtaining or renewing environmental permits under the various environmental laws (including under the water; air; hazardous wastes; hazardous chemicals; e-Waste; pesticides and Environmental Impact Assessment regulations) and guides them through their interactions with various state pollution control boards and the central Ministry of Environment and Forests. She tracks developments in various multilateral environmental agreements and advises on repercussions for India-based companies.

Els is listed in the Who’s Who of Environmental lawyers. In the most recent 2013 edition, she is the only lawyer nominated from India.

Els is widely published. She has recently written on India’s civil nuclear liability regime (Nuclear Law Bulletin, 2012/1) and published a monograph on the status of the precautionary principle. She also serves as Secretary of the newly established Nuclear Law Association of India.

Practice Areas
Environment
Corporate & Commercial


Contact details
Mumbai office
else@mvkini.com
+91 22 2261 2527


Ravi Kini
Managing attorney

Ravi is MVKini’s managing attorney. Ravi holds an LL.M in International Financial Laws from the University of Georgia, USA where he specialised in Derivatives Risk Framework.

Ravi is one of India’s leading practitioners of law relating to national and state highways projects. He is also renowned for his work in the aviation, government affairs, and banking sectors.

Ravi advises the National Highways Authority of India (NHAI) and state authorities on highways and related projects. He advises on international competitive bidding in Public Private Partnerships (PPP); He has a wealth of experience advising the Indian government on bid processes, and drafts and vets tender documents and contracts. He is skilled in incorporating Special Purpose Vehicles and executing concession agreements and contracts for selected bidders.

His expert knowledge comes from advising on a wide range of projects executed/funded in this way. They include the development of a free trade and warehousing zone, the creation of industrial training and skills development centres, the building of rail-related manufacturing facilities as well as ports terminals, IT parks and other urban transport projects.

Ravi’s public-sector experience gives him a unique understanding of how government functions. Ravi leads a team that effectively mediates industry concerns to the relevant government body to swiftly arrive at constructive outcomes.

His significant experience in the aviation sector has led him to advise on ground-handling issues a cross a number of airports. Ravi’s experience extends to advising bodies, such as IATA, on Competition Law issues. His extensive experience includes advising India’s national carrier. He negotiated and drafted the contracts for Air India’s purchase of 68 commercial aircrafts from Boeing, in a US$7 billion deal. He also assisted in the formation of its low-cost subsidiary, Air India Express. He regularly drafts and vet aircraft leasing agreements.

Ravi leads a team that supports Indian companies seeking access to foreign capital through external commercial borrowings (ECB). They regularly interpret RBI circulars and are able get swift clarification from the regulator as required. He and his team act as the lender’s legal counsel, participating in negotiations with borrowers ensuring compliance banking law and practise. Keeping the lender’s interests at the fore, they assist with securities’ creation and perfection of charge documentation. Ravi was named a leading lawyer in the aviation sector in ‘Who’s Who Legal’ (Aviation, 2010) and listed in the ‘Leading LAWYER 100’ 2011 Annual Guide, which recognizes members of the legal community who have stood out from their peers by demonstrating professional achievement and excellence in their area of practice. He was also recognised as a key commercial lawyer in the International Who’s Who Legal (Commercial Litigation, 2009).

Practice Areas
Corporate & Commercial
Banking & Finance
Project Finance in Infrastructure


Contact details
Mumbai office
ravikini@mvkini.com
+91 22 2261 2527


Vidisha Krishan
Partner

Vidisha obtained her LL.B. degree from the Faculty of Laws at Delhi University. She also holds a degree in Journalism Honours from Delhi University. She has an LL.M. in banking and finance law from the University College London.

Having worked with India’s capital markets regulator, the Securities and Exchange Board of India, she has extensive experience working in law firms as well as in the government. At the Board she was involved in policy formulation and regulation drafting and helped provide informal guidance on various delisting, buyback and takeover issues to listed companies.

Vidisha focuses on capital markets issues as well as cross-border investments into India. She advises on matters relating to RBI/FEMA aspects of cross-border transactions as well as domestic listed and unlisted company issues.

Her capital markets practice covers all aspects of RBI and SEBI laws including takeovers, public issues, private placements, alternate investment funds, eligible investor categories (FIIs, QFIs, NRIs) etc. Her expertise also extends to private equity deals, joint ventures in the corporate and commercial sector.

Vidisha has advised on various aspects of foreign investments in India by institutional and non-institutional investors on debt instruments of the Indian public sector undertakings. She has also advised on various debt issues of public sector undertakings and statutory bodies.

Contact details
Mumbai office
vidisha@mvkini.com
+91 22 2261 2527