Overview
The firm acts in disputes across the power sector for generating companies, power equipment manufacturers, insurers and reinsurers. The work comprises regulatory proceedings under the Electricity Act 2003, arbitration of contractual claims on energy projects, and insurance and reinsurance disputes arising from losses at power plants. It spans conventional generation and solar, wind, hydro and hybrid projects.
The legal framework
The regulatory work proceeds under the Electricity Act 2003 and the regulations framed under it, guided by the National Tariff Policy and the policy frameworks of the Ministry of New and Renewable Energy. Regulatory disputes begin before the Central or State Electricity Regulatory Commission, with appeal to the Appellate Tribunal for Electricity and thereafter to the Supreme Court on a question of law. Contractual and insurance claims are arbitrated under the Arbitration and Conciliation Act 1996 or, where the seat is foreign, under the law of the seat.
Scope
- Power purchase agreement disputes, including change in law, force majeure, deemed generation and curtailment claims.
- Tariff proceedings before the Central and State Electricity Regulatory Commissions, whether tariff is determined under section 62 of the Electricity Act 2003 or adopted under section 63.
- Proceedings before the State Commissions under section 86(1)(f) of the Electricity Act 2003 for the adjudication of disputes between licensees and generating companies.
- Late payment surcharge and receivables claims against distribution licensees.
- Connectivity, long term access and deviation settlement disputes with transmission utilities, and open access and cross subsidy surcharge matters.
- Curtailment and must-run disputes in solar, wind, hydro and hybrid projects.
- Appeals before the Appellate Tribunal for Electricity and, on questions of law, before the Supreme Court.
- Arbitration of engineering, procurement and construction claims and operation and maintenance claims on energy projects, before ad hoc and institutional tribunals.
- Insurance and reinsurance disputes in the energy sector, for insurers, reinsurers and generating companies, in arbitration and litigation.
