Sector Category: Public Procurement

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

• Legislative, Policy and Sector strategic Advisory;
• Structuring legal and regulatory frameworks to facilitate effective
• Public Private Partnerships in Infrastructure and Social sectors;
• Public Procurement including Public Private Partnerships;
• Restructuring and Reform Initiatives;
• Economic and Safety Regulation in diverse Infrastructure sectors;
• Competition Regulation;
• Indirect Tax;
• International Trade Regulation; and
• Environment, R&R, HSE and Disaster Management

JSA Attorneys advice a cross section of all stakeholders in the space covering:

• Governments (Indian federal and States, as also some neighbouring countries);
• Multilateral & Bilateral development funding agencies (like the World Bank, Asian Development Bank, Public – Private Infrastructure Advisory Facility, UK Department for International Development, US Agency for International Development et al.);
  Regulatory authorities;
• Leading Indian and International businesses;
• Lenders, Developers, Suppliers and Contractors;
• Leading public sector undertakings; and
• Industry associations and think-tanks like Confederation of Indian Industries (CII), Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce & Industry of India (ASSOCHAM), CUTS (Consumer Unity & Trust Society), and CIRC (CUTS Institute of Regulation & Competition).

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 –

• Development financial institutions and multilateral development agencies like the World Bank; the Asian Development Bank (ADB); the Public-Private Infrastructure Advisory Facility (PPIAF); the Water & Sanitation Program (WSP); agencies of Governments of United States (USAID), United Kingdom (DfID), Japan (JBIC), and Germany (kfw);
• Ministries and agencies of various Governments including Government of India (Power, Urban Development, Finance), Government of Bangladesh (Energy) and various State Governments (Punjab, Karnataka, Haryana, Delhi, Andhra Pradesh, Maharashtra, Tamil Nadu, Orissa, Gujarat, Uttar Pradesh, Uttaranchal, Bihar, Madhya Pradesh, Rajasthan, Goa et.al.);
• Regulatory agencies and statutory authorities; and
• Private and joint sector entities including developers, lenders, suppliers, and contractors’;

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 –

• Assisted the Competition Commission of India in drafting statutory regulations;
• Participated as faculty/speakers at Indian and overseas seminars / symposia and workshops;
• Participated in Competition commission advocacy / public awareness programs; and
• Been members of International Bar Association task forces and committees on the new Indian Competition Law.
  
  The Firm has over the years built up a strong in-house capacity to assist in the investigation of contentious competition issues and implementation of behavioral compliances.
  
  Since the enforcement of the provisions concerning anti competitive agreements and the abuse of dominance, the firm has acted in several landmark investigations including the first ever investigation of cartel activity and has filed the first substantive abuse of dominant position complaint. The firm has advised and continues to advice on transitional merger control filing issues arising in ongoing global and Indian M&A transactions.
  
  The practice team includes highly experienced litigators who have and continue to argue matters at every level, including before the Supreme Court of India.

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.