JSA’s Regulatory & Policy Practice is regarded as a leading specialized Indian practice acknowledged for its domain knowledge, multi-dimensional expertise and strengths in grappling with complex issues involving public policy, economics, technology, finance, project management besides law. We are credited for contributing to several landmark and precedent setting Indian cases and studies. Our attorneys often lead teams advising on policy strategies as also leading arguments in diverse regulatory, quasi-judicial and judicial fora on complex tariff, licensing, market barrier and performance regulation matters. This practice encompasses
JSA Attorneys advice a cross section of all stakeholders in the space covering:
Regulatory, Policy and Sector Reform / Restructuring Advisory
JSA Attorneys have extensive experience in handling diverse aspects of legislative, policy and regulatory advisory work, including focused initiatives in sector restructuring/reforms, public-private-partnerships and developmental projects. In such assignments, we have advised and acted for diverse stakeholders including –
Specialized Regulatory & Commercial Dispute Resolution
JSA has a leading regulatory and commercial dispute resolution practice in the infrastructure space which has contributed significantly to the evolving jurisprudence in this domain on emerging market structures, balancing between utility / sector viability and welfare economics, commercial arrangements, institutional structures and regulatory compliance. In these proceedings, inter alia, we have successfully handled and led arguments qua regulatory processes / decisions like licensing, tariff setting, restructuring challenges, performance standards; Development and effective enforcement of regulatory instruments like licenses, market principles for competition amongst regulated utilities, competition, multi-year tariff regime, tariff principles, practice guidelines, supply and safety codes.
We handle and often lead the litigation strategy and conduct of proceedings (including arguments) in high value and precedent setting regulatory and commercial dispute resolution proceedings/matters before judicial and quasi-judicial fora including the Supreme Court of India, various High Courts, the Appellate Tribunal for Energy, the Telecom Disputes Settlement & Appellate Tribunal, various Electricity Regulatory Commissions (central and state level), the Telecom Regulatory Authority of India, Tariff Authority for Major Ports, Monopolies & Restrictive Trade Practices Commission, Anti Dumping Authority, Alternate Dispute Resolution mechanism (mediation, conciliation, dispute resolution boards, arbitrators), et.al.
JSA advises various stakeholders on Competition Law issues, and has anchored a ‘precedent setting’ litigation before the Supreme Court of India on sector regulatory practice and competition law overlap issues.
Competition Law
JSA has been advising Indian and overseas clients on issues relating to competition – such as diverse abuses of dominance and associated anticompetitive practices; natural monopolies and their regulation; cartels and anticompetitive agreements; barriers to entry; issues arising in the context of Joint Ventures, Mergers & Acquisitions and Technology Transfers / Licensing.
In the formative phase of the Indian Competition Law & Policy, JSA attorneys have –
Health Safety & Environmental (HSE) Regime
JSA attorneys have strong project implementation experience and have advised on diverse aspects of HSE compliances including advice on air & water pollution clearances, environmental impact assessment (EIA), environmental management plan (EMP), land & forest clearances, resettlement & rehabilitation (R&R), disaster management, safety issues, authorizations under hazardous chemical & hazardous wastes rules in diverse mega projects.
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