Defence

Representative Matters

• Bloomberg NEF’s ranked and recognized in its ‘Clean Energy League Tables 2024’. It is the ‘Only Indian Law Firm’ to feature in the ‘Top 10’ of the said table.
• Foreign direct investment restrictions and other foreign exchange regulations governing the defence sector;
• Offset obligations and structuring of partnerships to fulfill and maximize offset credits;
• Anti-corruption laws in India and mitigation of corruption related risks in defence procurement;
• Employment laws (including the ex-civil servants service rules and employment rules governing ex-defence personnel);
• Laws in relation to manufacture and import/ export of defence and defence related equipment in India;
• Structuring and establishing a presence in India, including establishing a representative office, branch office, project office; Mediation, complaint procedures and potential arbitration relating to contracts with the Ministry of Defence; and

MERGERS, ACQUISITIONS AND JOINT VENTURES

• Advised Tata Advance Systems Limited on a joint venture (JV) with Boeing Defence for manufacturing and supply of aero structures for military aircrafts
• Advised a leading French engine manufacturer on structuring of a joint venture of the client with a leading Indian DPSU with equal shareholding between the JV partners in light of the extant regulations governing joint ventures with DPSUs.
• Acted for a leading Indian defence and aerospace company in connection with the proposed acquisition of stake in an Indian group engaged in manufacture of defence electronics and electronic warfare equipment.
• Advised a large US aerospace corporation in connection with restructuring their joint venture with their Indian partner in light of the changes in law emanating from the Companies Act, 2013 and the revised commercial understanding of the parties.
• Acted for a large French aerospace corporation on a proposed joint venture with one of India’s leading IT services provider for provision of technological services.
• Advised a large European aerospace engine manufacture on expanding scope of business of its joint venture company with a Defence Public Sector Undertaking, to render technical design services for defence equipment and establish a Centre of Excellence for production of Precision Aero Engine components and assemblies as an Export Oriented Unit.

BID RELATED ADVISORY

• Advised a large US defence Conglomerate on a Bid for the multi-billion Medium Multi-Role Combat Aircraft [MMRCA] tender issued by the Indian Ministry of Defence for the supply of 126 MMRCA to the Indian Air Force.
• Advised a large US defence Corporation on Bid documents proposed to be submitted, as well as in respect of their contractual arrangements with the Government of India, and setting up a presence in India. Our scope of work included seeking clarifications from the governmental authorities, advising on contractual issues, as well as rendering advice on defence agents and taxation laws in India.
• Advised a UK-based defence manufacturer on the provisions of the Defence Procurement Procedure governing the submission and evaluation of bids leading to the award of contract, including the structuring of their offset proposals with Indian partners, in anticipation of a bid to be filed in India.
• Advised an Indian supplier of communication systems on Memorandum of Understanding with an Indian sub-contractor and a foreign technology provider for an offset contract emanating from the foreign technology partner’s participation in a Request for Proposal issued by the Ministry of Defence for the Indian Army.
• Advised one of the world’s leading manufacturer & service providers of submarine rescue stores on Bid/tender, negotiations of the contracts to be executed with the Ministry of Defence, Government of India.

PROCUREMENT & CONTRACT ADVISORY

• Advised a leading Indian defence and aerospace manufacturer on contract negotiations with the Ministry of Defence for the procurement of 31 Surface Surveillance Radars for the Indian Navy under the first Buy & Make (Indian) procurement.
• Advised a leading European weapon systems manufacturer on a Writ petition before the High Court of Delhi against a blacklisting order made by one of the departments functioning under the aegis of the Ministry of Defence, Government of India.
• Advised a leading Indian defence manufacturer on various issues pertaining to a Request for Proposal issued by the Ministry of Defence.  Assisted in filing a writ against the Ministry of Defence against decisions with respect to the proposed acquisition.
• Advised a leading Indian defence and aerospace manufacturer on the legal solutions and available steps with respect to the client’s exclusion from the tender issued by the Ministry of Defence for the supply of combat monitoring systems to the Indian Navy. on the purchase of advance jet trainers by the Indian Air Force. on technology licensing arrangements, structuring of foreign direct investment in India and intellectual property laws.
• Advised a large European aerospace engine manufacturer on contract structuring & negotiations for the co-development of an aircraft engine with the Gas Turbine Research Establishment (GTRE) (an establishment under the direct control of the Defence Research and Development Organization). Further, assisted the client on the licensing & production agreement with Hindustan Aeronautics Limited for the engines to be co-developed by the Client and GTRE.
• Advised a leading aircraft engine manufacturer on a management solutions agreement entered into with the Indian Air Force.
• Advised a leading European photo sensor technology firm on sale of equipment and transfer of technology for manufacture of night vision devices to an Indian defence public sector undertaking.
• Advised a UK based manufacturer of aero-engine products on a supply contract and a technology license agreement with the Indian Air Force.
• Advised an overseas naval defence contractor on legal & commercial risks pertaining to the contractual documents to be signed with the Ministry of Defence in relation to the sourcing of spare parts.
• Advised and assisted US defence systems contractor on a teaming arrangement with an Indian manufacturing company to cater to procurements to be made by the Ministry of Defence for the Indian Army and the Indian Navy.

DEFENCE OFFSETS

• Advised a large US defence corporation on drafting and negotiating contracts with its Indian offset partner and the Indian Air Force to fulfill its offset obligation pertaining to a USD 1.2 Billion-governmental agreement for supply of heavy lift aircraft to the Indian Air Force.
• Advised a large US defence conglomerate on drafting and negotiating contracts for the transfer of title of simulators and training services with its Indian offset partner to discharge its offset obligation under an inter-governmental agreement for acquisition of capital goods by the Ministry of Defence.
• Advised a US aerospace company on structuring of offset arrangements between Indian beneficiaries and its tier-1 sub-vendors in consonance with the offset guidelines and the Import-Export regulations in India.
• Advised a US based nanotechnology company on assessment of eligibility of the client’s R&D facility in India to receive funds from a leading defence supplier in discharge of the latter’s offset obligations under ongoing contracts.
• Advised an Indian supplier of communication systems on assessment of eligibility as an Indian Offset Partner for an offset contract emanating from the foreign technology partner’s participation in a Request for Proposal issued by the Ministry of Defence for the Indian Army.
• Advised on White Paper to Defence Offsets Management Wing and prepared and submitted a white paper on potential amendments to the offsets policy for ease of doing business.
• Advised a leading French Aerospace conglomerate on structuring of offset arrangements between Indian beneficiaries and its tier-1 sub-vendors in consonance with the offset guidelines and the Import-Export regulations in India.
• Advised an Indian subsidiary of a French Aerospace Company on assessment of eligibility of the client in India to qualify as an Indian Offset Partner and receive offset contracts from a leading defence supplier in discharge of the latter’s offset obligations.
• Advised a global private equity fund on the applicable Defence Procurement Policy offsets clauses and the eligibility requirements to qualify as an Indian Offset Partner for an offset contract emanating from the proposed upgrade of the tactical transport fleet of the Indian Air Force by a Russian manufacturer by the Ministry of Defence for the Indian Army.

PRESENCE IN INDIA

• Assisted a French defence and aerospace conglomerate in setting up of a representative office in India including advising on all the necessary filings and documentations.
• Assisted a leading manufacturer of aerospace components in setting up of a representative office in India. The scope of work involved liaising with the Reserve Bank of India to obtain regulatory approvals for setting up a representative office. Also advised the client on the scope of the ‘Integrity Pact’ to be executed by the client in the course of a procurement contract.
• Assisted a UK based wholesale distributor of transportation equipment in setting up of a presence in India including obtaining regulatory approvals, advising on tax and employment laws.
• Assisted a US company engaged in defence contracting business
• Assisted in setting up of a representative office in India including obtaining regulatory approvals for setting up a representative office, advising on tax and employment issues, drafting of employment and other service contracts.
• Assisted a large US defence and aerospace conglomerate on the permissibility of engaging agents under Defence Procurement Policy, 2016.
• Advised a marine solutions and submarine propulsions manufacturer
• Advised on the permissibility of engaging agents in India under the Defence Procurement Manual, 2009.
• Advised a global specialty aerospace & defence manufacturer on the Indian laws / regulations pertaining to engagement of agents in the defence procurement sector and the implications of the same.
• Assisted an Indian subsidiary of a global aerospace conglomerate in obtaining amendments to the Foreign Investment Promotion Board’s approval for removal of certain restrictive conditions pertaining to provision of services in the defence sector.
• Assisted and advised a US defence conglomerate on legal issues pertaining to a project office of the client, including advisory pertaining to employment laws and the Reserve Bank of India regulations.

ANTI-CORRUPTION & COMPLIANCE

• Advised a large global aerospace manufacture on the India implications of the Foreign Corrupt Practices Act, 1977 investigation into the sale of 3 aircrafts to the government of India under the applicable defence procurement guidelines.
• Advised a large European aerospace corporation on formulating the client’s compliance policies to ensure compliance with Indian anti-corruption laws.
• Advised a large European aerospace engine manufacture on setting up an advisory board to oversee compliance with legal regulations and company policies.
• Advised a large US defence conglomerate on conducting an internal investigation into the affairs of its Indian joint venture in relation to allegations of bribery, kickbacks and misappropriation of funds pertaining to the engagement of a customs house agent by the Indian joint venture for import of aircraft simulators.
• Advised a large US defence and aerospace corporation on conducting an investigation pertaining to allegations of an employee obtaining unauthorized access to pricing information of a competitor’s bid and advised on implications emanating from the Official Secrets Act, 1923.

BID PROTEST EXPERIENCE

• Advised a multinational dairy, farm and packaging equipment manufacturer on Litigation strategies for its Indian subsidiary undergoing criminal investigation in relation to allegations of violating anti-corruption laws in the course of selling goods to the Indian defence services.
• Advised a leading European weapon systems manufacturer on Writ petition before the High Court of Delhi against a blacklisting order made by one of the departments functioning under the aegis of the Ministry of Defence, Government of India.
• Advised a leading Indian defence and aerospace manufacturer on the legal options available with respect to the client’s exclusion from the tender issued by the Ministry of Defence for the supply of combat monitoring systems to the Indian Navy.