Brus Chambers is one of the leading Indian law firm for project finance transactions. Our Project Finance practice offers market-leading experience advising on legal matters related to project structuring and development, financing, government regulation, construction and other contract issues across every sector, including Power generation and transmission; Oil and gas; Infrastructure (including roads, airports, bridges, railways and ports); Mining and metals; Water and wastewater treatment.
We represent clients including sponsors, commercial banks and governmental lenders, as well as multilateral and bilateral agencies, on every type of transaction from complex international co-financings to capital markets-based project financings to Islamic financings. Our lawyers have unrivaled insight into local business customs, labor practices, enabling us to provide local depth knowledge and experience.
With extensive experience bringing a wide range of projects to completion, we provide more than just legal counsel; we provide business and strategic advice, and we can structure, negotiate and document the full array of project and financing agreements to suit each client's specific needs. Our team can help identify market, revenue, production, political and other risks, propose methods to mitigate those risks and advise on ways to minimize or reduce liabilities.
Brus Chambers Project Finance practice is one of the best in the country. Our lawyers are industry-focused experience, operating at the forefront of market trends and advising on projects in numerous industry sectors, including airports; education; energy and power; healthcare; mining; oil and gas; petrochemicals; ports; process plants; roads; social infrastructure; technology; transportation (including air and surface transportation); waste and energy from waste.
We strive to partner with our clients to develop their most significant infrastructure projects. In addition to having the commitment and loyalty of a dedicated team, clients have full access to Brus Chambers broader capabilities in our corporate, mergers and acquisitions, real estate, government affairs, regulatory, environmental, and international trade practices.
India is in the process of modernising its infrastructure. For speedy development, it is incumbent that a country have adequate power and efficient transport systems. The Indian Government has realised this and has made infrastructure development a high priority sector.
Power: Foreign investors are allowed up to 100% equity in companies involved in power generation, distribution and transmission. Inspite of the liberalising the power sector in 1991, generation capacity has not increased. The Government is trying to address this issue and is taking steps to reduce the red tape and bureaucracy in this sector.
Regulatory Matters: Our services include assistance in procuring and completing the tender forms, complying with all the requirements therein and liaising with the Government authorities. We also assist in the review and drafting of Power Purchase Agreements.
Project Finance Documentation: Brus Chambers has a team of experts to assist overseas corporations in structuring their project. We act for many leading financial institutions and regularly draft and review loan agreements, escrow agreements, guarantees, mortgage and hypothecation deeds, and other similar documents.
EPC Contracts: Brus Chambers has experience in drafting turnkey contracts. On account of the application of works contract tax to such contracts, it is advisable to break such contracts into three or four separate agreements, namely, supply agreement, erection agreement and engineering agreement. We have advised clients on these issues and have drafted the necessary agreements.
O&M Contracts: Brus Chambers has experience in drafting O&M contracts.
Roads and Ports: Various State Governments have opened up for development minor ports and motorways on the “Build, Own, Operate and Transfer” basis. We have advised clients on this and other similar schemes.
Concession Agreements: Brus Chamberss has assisted clients in negotiating concession agreements. Land acquisition is the biggest hurdle to the successful negotiation of these agreements. Many times, the Government announces tenders for projects without having acquired the land required for the project. Therefore, developers have to be careful in this regard and must conduct their own due diligence, both financial and legal.
Oil and Gas: The New Exploration Licensing Policy (“NELP”), The Indian Government has recently announced the NELP whereby crude oil exploration has been opened up for foreign participation. As a result, activity in this area is on the increase. Brus Chambers has advised clients on this policy and the legal framework in this area.
Exploration Contracts: Brus Chambers has reviewed oil exploration contracts and has advised on Indian contract law relevant to such contracts. We have also assisted in land title searches in this regard.
Aviation: The Indian Government is in the process of divesting its stake in state owned airlines. In addition, foreign investors have been invited to construct airports in various Indian cities on BOOT basis. A clear policy for setting up private airlines with foreign equity ownership is being formulated. Brus Chambers has advised various companies on the Government policy in this area, including Honeywell.