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 sector’s 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 aircrafts 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
Negotiated and drafted contracts for leading aviation company to purchase 68 commercial aircrafts valued at US$7 billion, from the Boeing Company, USA.
Advised leading aviation company on the framework agreement with the Boeing Company, for setting up a maintenance, repair and overhaul facility at SEZ, Nagpur, Maharashtra.
Represented leading aviation company before the Court of Inquiry into the cause of the accident on 22.05.2010 at Mangalore Airport.
Assisted the largest Russian helicopter operator, in the set-up of a private limited company in India and helped it to obtain approvals from the Directorate General of Civil Aviation.
Assisted leading aviation company to set up its subsidiary for low-cost airline business. ;
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, 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 advisedand 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.
The Firm advised and assisted a leading nationalised bank 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 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 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.
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 a 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 opinion on various issues relating to corporate laws and 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 leading 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, legal opinion, 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 one of its clients.
It vetted an agreement to design, build and launch a ship for its client and to equip 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 another 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 a prestigious project in respect of 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 its client for the recovery of 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 implement the Maritime Labour Convention of 2006.
The Firm 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 supersession 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.
