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Infrastructure

Concession and construction disputes on highways, ports, rail and public works.

Overview

The infrastructure practice covers disputes arising from concessions and construction contracts. It represents highway and port concessionaires in arbitrations with the National Highways Authority of India and the major port trusts. It acts for contractors, principals and consultancies in claims under engineering, procurement and construction (EPC), turnkey and consultancy contracts, and for subcontractors seeking interim relief on rail projects. The practice also takes in the writ, regulatory and enforcement proceedings that accompany these disputes.

The legal framework

Highway concessions sit under the National Highways Act 1956 and the National Highways Authority of India Act 1988, ports under the Major Port Authorities Act 2021, which replaced the Major Port Trusts Act 1963, and airports under the Airports Authority of India Act 1994. Disputes are ordinarily arbitrated under the Arbitration and Conciliation Act 1996, ad hoc or under the rules of the Delhi International Arbitration Centre, the International Chamber of Commerce or the Singapore International Arbitration Centre, with challenge and enforcement before the courts. Environmental challenges to projects proceed under the Environment (Protection) Act 1986, the Forest (Conservation) Act 1980 and the Environmental Impact Assessment Notification 2006, before the National Green Tribunal, the High Courts and the Supreme Court.

Scope

  • Arbitrations for former highway concessionaires against the National Highways Authority of India under build, operate and transfer concession agreements.
  • Arbitrations for port and container terminal concessionaires against major port trusts under concession agreements.
  • Variation, prolongation and extension of time claims under EPC and turnkey contracts, for contractors and for Indian principals before international arbitral tribunals.
  • Applications to restrain invocation of performance bank guarantees given under EPC contracts on construction projects.
  • Arbitrations for consultancies against state governments under consultancy and project management contracts for highway and embankment works, including latent defect claims.
  • Interim relief for subcontractors before the High Courts on termination of work orders under high-speed rail projects.
  • Writ petitions challenging proposed acquisition of land by metro rail corporations and industrial area development authorities.
  • Enforcement before the High Courts of awards made in arbitrations seated abroad, including advice on service of documents under the 1965 Hague Convention.
  • Defence of state governments against environmental challenges to irrigation projects before the National Green Tribunal, the High Courts and the Supreme Court.
  • Advice to bidders on public procurement, from tender review and prequalification through bid submission to post-tender-closure issues.