Firm Profile > Halder & Associates > New Delhi, India
Halder & Associates Offices
Regus, Level-5, Caddie Commercial Tower
Hospitality District Aerocity, IGI Airport
New Delhi 110037
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Halder & Associates > The Legal 500 Rankings
Projects and energy Tier 3Halder & Associates acts predominantly for international clients on their infrastructure and energy projects in India, assisting with bankability issues, the structuring of transactions, and financing agreements. The practice has been increasingly active in the renewable energy space, having recently advised on offshore wind power projects; lawyers are also regularly instructed by multilateral agencies in relation to social infrastructure projects on PPP basis. Department leader Ajoy Halder has a wealth of experience in handling projects in India and across Asia, including railways, airports, highways and ports.
Halder & Associates > Firm Profile
Halder & Associates is a boutique law firm, which provides specialized legal consultancy services in its focused practice areas across India. This firm has been established with a vision to provide outstanding legal solutions in its core practice areas without compromising on quality and standards.
Our lawyers have vast experience in providing legal services in diverse areas to both international and domestic clients. Our clients benefit from the expertise and experience of our senior lawyers who have worked in the top-tier Indian and international law firms while still enjoying the personalised attention and responsiveness of a small firm.
We, at Halder & Associates, aim to provide the highest quality of legal services customized as per our clients’ requirements which also addresses the challenges that the clients face in the evolving business environment. We achieve this through the close involvement of our senior partners with the team of competent lawyers handling the projects who are well informed with the latest developments and understand every detail of the client’s needs.
In addition to India, our lawyers have advised on transactions across Asia (Philippines, Malaysia, Indonesia, Myanmar, Bangladesh, Sri Lanka, Pakistan, Singapore, Maldives), Africa (Sudan, Uganda, Kenya, Zimbabwe), and the Middle East (Oman, Iraq). They have also regularly advised multilaterals such as IFC and ADB on projects across Asia.
We are very passionate about what we do, and our focus is on combining all our skills, knowledge, and expertise to deliver the best possible legal solutions matching our clients’ expectations within the given deadlines.
- Team of senior lawyers from top law schools in India, who are trained in the leading Indian and international law firms, and recognized for their expertise in the industry.
- Pragmatic and commercial approach incorporating international best practices.
- Continuous support from senior lawyers on all aspects of the assignments including for advisory, drafting, meetings, conference calls.
- Timely delivery and competitive fee quote without compromising on the quality of the work.
Some of the notable transactions on which Halder & Associates have recently advised/advising are as follows:
M&A, JV, PE and corporate restructuring
- Fujitsu on restructuring its business in India. We advised on the restructuring, execution of the transaction documents, and general corporate advisory on the transaction.
- Malaysian Power Company on the acquisition of 3 solar projects. Advising on due diligence, structuring of equity & debt investment in India, and drafting of transaction documents.
- Chinese SOE on joint development of 1600 MW thermal power project (USD 3 billion). We advised on the investment/M&A and project development contracts.
- Multiple International Companies on (i) acquisition and investment in Indian companies, and (ii) India leg of global acquisition transactions including on legal due diligence and drafting/review of transaction documents.
- Propine, a cryptocurrency company, on raising funds from 5 private equity funds from India and Singapore. Drafted and negotiated the investment agreement, note subscription agreement and note certificate.
- European offshore wind power developer on the development of an offshore wind power project in India.
- ADB has committed USD 500 million for rooftop solar projects in India. We are advising ABD (long term contract) on all rooftop solar projects that it is funding (debt) through this USD 500 million commitment in India.
- State Electricity Regulatory Board on 200 MW rooftop solar projects in Kerala. Advising on all aspects of the transaction including regulatory aspect, structuring of the transaction, bankability issues, drafting of the bid documents (RFP, PPA).
- Alstom on development of rooftop solar project in India. Advising on regulatory aspects of the solar project and the PPA.
- Climate Policy Initiative, a US-funded multilateral, on renewal energy projects in India.
- ADB on healthcare PPP projects in India. Advising on the structuring of different models of healthcare PPP projects in India, bankability analysis of these models, and drafting of bid documents and healthcare PPP concession agreements.
- IFC on development of Clark Airport on PPP basis. Advised on the structuring of the transaction and rafted & negotiated the concession agreement.
- Indian Entity on the acquisition of port in India. Advised on the concession agreement, sub-contracts, operation & maintenance agreement.
- Chinese SOE on a national highway project in India. Advised on the road concession agreement.
- Taisei Corporation on a construction project in India. Advising on the investment structuring, consent and approvals, and regulatory issues.
- NASSCOM (first of a kind PPP project) on implementation of the Government of India skill development program through PPP structure. Advice on the overall project structure, bankability issues, liability issues, contractual structure, funding, and payment structure, and drafted the concession agreements.
- Real Estate Developer on development of residential properties in Uttarakhand. Advised on the structuring of the transaction, financing, and construction contracts.
Technology and media
- Casa de Bolsa Finamex on data protection & data transfer including on policies, procedure & security measures to be maintained by Indian companies; requirements in the event of data breach and sanctions under Indian laws; and regulatory advice & requirements for financial data, hosting providers & cloud computing services providers.
- American Data Centre on data protection laws in India (and RBI regulations) including compliance requirements for data protection, consequences for breach of personal data and financial data, processing of personal and financial data, and transfer of personal and financial data outside India.
- NASSCOM on development of online skill development program for B2C through PPP. We are advising on the structure of the transaction, drafting of the transaction documents, and regulatory advice on the transaction.
- NASSCOM on B2B skill development program in India. We advised on the structure of the transaction and drafted and negotiated the transaction document.
- News Global on all aspects of its online news business in India. We advised on the technology agreement, writer’s agreement, and media service agreements.
Litigation and arbitration (including electricity, CCI, Company Law Tribunals)
- ONGC Videsh in an arbitration dispute with a private contractor.
- Department of Transport, GNCTD in various arbitration disputes with private concessionaires.
- NDMC in several arbitration disputes with private contractors including Simplex Projects Ltd.
- IBM in their arbitration dispute with Videocon.
- Myhome Industries Ltd in Supreme Court in a real estate dispute.
- Jayabheri Properties Pvt. Ltd in Supreme Court in a criminal proceeding.
- Govt of Delhi in Supreme Court and Delhi High Court in the matter of CAG audit of discoms in Delhi.
- ONGC Videsh and Oil India in various matters before Delhi High Court.
- Delhi Tourism Corporation in Delhi High Court against Gammon India Ltd in S. 34 proceedings for setting aside of arbitral award.
- Competition Commission of India in appeal before NCLAT against Goa Chemists & Druggists Association.
Intellectual property rights
- Micromax on SEP Litigation & Strategy: Litigation & advisory regarding licensing of standard essential patents. Drafted & filed India’s first complaint for abuse of dominant position. Later converted to an investigation.
- Intex on SEP Litigation & Strategy: Litigation and advisory regarding licensing of standard essential patents. Drafted India’s second complaint for abuse of dominant position. Later converted to an investigation.
- Karbonn, Lava, iBall: Litigation & advisory regarding licensing of standard essential patents.
- Telecom Equipment Manufacturers Association (TEMA); CMAI Association of India; Indian Cellular Association: Advisory relating to licensing of standard essential patents, and determination of Fair, Reasonable, and Non-Discriminatory licensing terms.
- NASSCOM on IP strategy: Creating, maintaining and prosecuting trademark portfolio.
- Bennet, Coleman & co. (Times Group) on trademark strategy as regards a competitor.
- Quickcompany.in in a copyright infringement action for copying source code. This is one of the few cases in India involving software copyrights.
Staff FiguresPartner : 4 Counsel : 2 Senior Associate : 2 Associate : 4
LanguagesEnglish (fluent) Hindi Bengali Telugu
MembershipsSelect Counsel Supreme Court Bar Association Delhi High Court Bar Association New York Bar Association
In addition to India, the lawyers at Halder & Associates have advised on a wide variety of projects across Asia (Philippines, Malaysia, Indonesia, Myanmar, Bangladesh, Sri Lanka, Pakistan, Singapore, Maldives), Africa (Sudan, Uganda, Kenya, Zimbabwe) and the Middle East (Oman, Iraq). Our recent international experience includes:
Philippines: We have recently advised IFC and the Government of Philippines on the development of the Clark International Airport in the Philippines. We advised on the structuring of the transaction, drafted the EPC Term Sheet, EPC Concession, O&M Term Sheet and O&M Concession, responded to and negotiated with bidders for both the EPC Concession and O&M Concession, and carried out associated work up to award and execution of both scopes of the project. Additionally, our senior lawyers, over the years, have advised on some of the most prominent projects in the Philippines.
Singapore: We are currently advising/recently advised on the following transaction in Singapore:
- Supr, headquartered in Singapore, on agreements for its modular office furniture business. Drafted various forms of Turnkey Agreements for office design, supply and installation of integrated modular workstations.
- Propine, a digital assets company based in Singapore, on raising funds from multiple investors. Drafted the investors’ agreement, subscription agreement and note certificate.
- V Flow, a hybrid battery technology company based in Singapore, on multiple joint venture with various power and non-power companies.
International Membership: Select Counsel
Legal Developments11th January 2021
By Rajiv Choudhary, Partner, Halder & Associates
Introduction: This article provides a summary of the Indian post grant patent opposition procedure and compares it with European and United States provisions. Today’s patent applications are multi-jurisdictional and are prosecuted in different jurisdictions. As such, companies and defendants face the prospect of litigating or defending these patents in different jurisdictions. This article examines the key similarities and differences between Indian, European and United States patent opposition proceedings.