Vivek Gambhir is a Partner in CMS Cameron McKenna’s Energy practice and has more than 15 years professional experience advising on all aspects of electricity industry.
Vivek is leading the firm’s international electricity practice and focuses on cross border M&A transactions and projects. He has advised on a number of IPPs, having worked on projects in India, Mauritius, Malaysia, Jordan, Mali and Kazakhstan.
Relevant experience includes advising:
Malaysia:
- Tehaga Nasional Berhad – Advising on an independent transmission project involving transmission of power from a hydroelectric plant on the Sarawak Island to Peninsula Malaysia, comprising a 600km undersea DC interconnector, including drafting and negotiating a PPA for off-take of power baaed on firm and non-firm energy. Also advised on the drafting the tariff schedules (based on complex four tier tranche of energy) and the technical schedules comprising operating procedures, testing procedures, technical specifications and metering procedures.
Russia:
- HydroOGK - Advising on joint venture arrangements for a hydro-electric station and an aluminium plant, including on contractual matrix, corporate governance, bulk sale and purchase of energy and construction arrangements
- Utility -Advising on development and construction of a transmission line, coal fired power plant, coal supply arrangements and off-take and sale arrangements
- Gazprombank on a share swap arrangements between Gazprom and BASF relating to assets in Russia, Germany and Libya
- Energy Company - Advised on joint venture arrangements for development, financing and production from a mine in Russia
India
- Madhya Pradesh Electricity Board on introducing private sector participation in electricity generation, including advice on project documents (Power Purchase Agreements, Implementation Agreements, Escrow Arrangement, and Lease Agreement) in respect of various projects, namely, Essar Power Ltd (330 MW); Daewoo Power India Ltd. (1,000 MW), Pench Power Ltd (500 MW), Bina Power Ltd (500 MW), Indo Thermal Power Ltd. (500 MW), Bhilai Power Ltd (500 MW), among others
- A private power developer on project documents, ie Power Purchase Agreement, Implementation Agreement, EPC Contract and Fuel Supply Agreement for a 200 MW thermal power station
- Government of State of Karnataka on privatisation of the electricity distribution businesses of the State government, including advising on privatisation strategy, unbundling the distribution businesses into new companies, legal and regulatory framework, preparation of transaction documents and assisting in amending electricity reform legislation
- Haryana Electricity Regulatory Commission on various aspects of regulation of the electricity sector, including licensing, exemptions and rules for conducting proceedings
Mauritius
- Central Electricity Board – Advising on Power Purchase Agreement for a coal fired station(including advising on technical schedules and tariff formula), a f transmission facilities agreement and a coal supply agreement for supply of coal by CEB to the generator;
- Central Electricity Board – Advising on energy supply and purchase agreement for purchase of electricity generated by waste-to-energy plant;
Mali
- A UK-based private power developer on a power sales arrangement, EPC contract and operation and maintenance contract in relation to a power generation facility procured by a mine in Mali
Morocco
- Bidding Consortium: Advising on Power Purchase Agreement (including technical schedules and tariff calculations) for off-take of power from a wind farm
Jordan
- Government of the Hashemite Kingdom of Jordan on sale of its shares in electricity generating company and electricity distribution companies, including preparing transaction documents (inter-alia, Power Purchase Agreements, Government Support Agreement, Share Acquisition Agreement and Shareholders’ Agreement and Bulk Supply Agreements); assisting in drafting the primary electricity reform legislation and developing a legal and regulatory framework
UK
- EEA Fund Management Limited on renewable energy transactions in China, Thailand, Philippines and some Latin American countries, including structuring the financing (debt and equity), project development on BOT basis and power offtake arrangements
- Viridian, United Kingdom on swap between CEB (under hydro power) and EU ETS allowances
Nigeria
- Bureau of Public Enterprises on legal and regulatory framework for Electricity Supply Industry of Nigeria (ESI), including drafting the primary legislation on reform of the ESI and market rules for a wholesale competitive market based on bilateral contracts
Bulgaria
- RAO UES on acquisition of government of Bulgaria’s shares in electricity generating assets, including bidding process, and drafting and negotiating share acquisition agreement and escrow agreement
Mexico
- On the restructuring of the electricity market in Mexico, including drafting market rules and associated agreements
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