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, 2010 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 Laws, Intellectual property Rights, Mergers and Acquisitions, Project Finance, Private Equity and Taxation.

Key transactions

  • The Firm provided legal assistance to a Belgian Solar Power Producer for a 15MW Solar PV power plant in the Indian state of Gujarat, in regard to 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 advised and represented a leading power distribution company in several cases before the Supreme Court of India and the Appellate Tribunal for Electricity.
  • It advised and assisted a leading power developer as borrower and its 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 State of Gujarat.
  • MVKini assisted leading nationalised bank in sanctioning a loan to a power company 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 another nationalised Bank Consortium for credit facilities in the amount of US$727 million to a power company for setting up a 1200MW coal-based thermal power project which was secured through hypothecation of moveable properties, accounts assets, receivables and project documents. The estimated cost of the project was over US$1 billion.
  • It advised and assisted leading nationalised bank for a term loan of 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 a power company to set up a 15MW solar PV power project in the Banaskantha district in Gujarat.
  • It acted as the sole legal counsel for leading Government power company 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 various other power companies in finalization of their financing and security documents.

Key People Els Reynaers Kini , Ravi Kini, Vidisha Krishan