Freehills recognises India’s rapid transformation into a world market economy, with trade and activity by Indian corporations set to increase over time. We understand India’s need to obtain assets and expertise in high demand areas such as the energy, resources, project financing and infrastructure sectors.

Our team of internationally experienced and Indian qualified lawyers are well positioned to advise Indian companies looking to invest into Australia and South-East Asia and to advise Australian companies on their foreign investment into India.

To achieve commercially successful outcomes for clients, we have adopted a relationship-based approach to help them conduct business in India. We have an established network of contacts with government, corporate and key industry figures across the region whom we call upon when required. Where necessary, we also partner with trusted Indian law firms and utilise local knowledge and cultural sensitivities to provide tailor made advice to clients.

We service clients in India by ‘flying in’ staff with relevant expertise on a needs basis. In addition, staff access a ‘virtual office’ at any time and from any location. Australian-based expertise supports these offshore staff—effectively providing 24 hour coverage on a project. This additional support is charged at Australian market rates, which results in significant cost savings to clients.

We are committed to strengthening our India practice and have recently employed several Indian qualified lawyers. The mix of Indian talent (based in our Sydney and Melbourne offices) and Australian lawyers with Indian experience, enhances the understanding of Australian/Indian investment and capital flows.

We are well versed in working in the constantly-evolving Indian market with an established presence in Asia spanning more than 30 years. We have the legal and project management expertise, international experience, contacts and reputation in India to assist clients in reaching their commercial goals across a wide range of areas including:

• major infrastructure projects
• energy and natural resources
• banking and finance, and
• manufacturing.

Throughout India and across all of Asia we provide:

• seamless delivery of legal services, bringing together expertise, regardless of location
• project management expertise, including the delivery of multi-jurisdictional services
• comprehensive knowledge of local business practices and attention to cultural sensitivities
• broad corporate knowledge to deliver premium legal structuring, negotiating, drafting and advisory skills, and
• experienced lawyers with skills in major projects and transactions in India.
  

Examples of work we have done in India include:

• Orica – advising in relation to the acquisition of controlling stakes in two Indian explosives companies
• Gujarat Power Station – acting for CLP on commercial documentation related to its bid for the 1200MW coal fired Gujarat Power Station
• Khandke Wind Farm – acting for the borrower and the sponsor on all aspects of the development and financing of the Khandke Wind Farm, located in Maharashtra. This was the first project financing of a wind farm in India
• Kondapalli Power Station – acting for NRG on its purchase of, and subsequent disposal of the 355MW Kondapalli Power Station
• major financial services company – advising in relation to proposed investments in India
• Pacific Dunlop – advising in relation to acquiring a major shareholding in an Indian manufacturing and distribution company
• World Bank – undertaking a feasibility study in conjunction with the Tasman Institute and Kinhills Engineering, concerning the supply and delivery of water services to the state of Hyderabad in India. This project required a review of the current system to determine if reform was needed, and included an examination of the legislative and regulatory frameworks in place
• Tata Power Company – advising on its bid for ownership of an equity position in the owner of the Dabhol power plant and LNG facility in the Indian state of Maharashtra
• Consolidated Press Holdings – advising in relation to an investment in Himachal (India)
• Bank – major workplace law compliance and policy review project for India BPO and IT operation of a multinational financial institution, and
• Multinational corporations – advising many clients establishing operations in India on workplace relations issues, including review and modification of employment contracts and policies for use in India.
  

Our experience advising Indian clients on their investments into Australia and South-East Asia includes:

• Tata Steel – advising in relation to its investment in Queensland coal assets
• major Indian companies – advising on proposed acquisitions of Australian mining assets
• Tata Consulting Services – advising in relation to significant transactions in the technology sector
• Asian investors – advising on the acquisition of a joint venture interest in Australian oil, gas and mineral assets as part of several Sale and Purchase Agreements with Asian investors including CNOOC, Tata and JFE Steel
• Tata Sons Limited – advising in relation to the Australian aspects of the transfer of a consulting business into Tata Consultancy Services Limited pursuant to a scheme of arrangement under Indian law. In connection with the scheme, Tata Consultancy Services Limited undertook an IPO to raise US$1.17 billion, and
• Tata Power Company Limited – advising India’s largest private power utility in its US$1.3 billon acquisition of 30 per cent equity stakes in major Indonesian thermal coal producers PT Bumi Resources. The financing was in the form of a US$950 million secured bridge facility.
  

M&A Deal of 2007 – India Business Law Journal

Freehills and its Indonesian partner were awarded the M&A Deal of 2007 by the India Business Law Journal. The award was presented for Freehills’ work on Tata Power’s acquisition of PT Kaltim Prima Coal and PT Arutmin Indonesia. The deal comprised a 30 percent stake in these assets valued at $1.3 billion.
The award highlights the firm’s commitment to the region and to our client’s success.