Gaurav Dudeja

New Delhi

Gaurav is a Partner based in the New Delhi office of Phoenix Legal. He has years of experience as a disputes and litigation lawyer and is adept at handling diverse variety of commercial disputes. He regularly advices and represents multinational and Indian corporates before various forums particularly in the areas of arbitration (domestic as well as international), electricity, building and construction contracts, regulatory litigation, mineral concessions related issues, international law, management of trusts, financial services, writs challenging the constitutionality of statute/rules, environment matters et al.

Gaurav has handled a wide range of Arbitration matters (both domestic and international) emanating from Building & Construction contracts like contracts relating to building of power plants, laying of transmission lines, laying of cross-country pipelines for transmission of oil & gas, building of new railway station, construction of township, roads, hotels, bus terminals et al. He helps his clients in planning the best strategies and is involved at all stages varying from pre-institution of dispute to appointment of Arbitral Tribunal, seeking interim relief prior to constitution of Arbitral Tribunal, before Arbitral Tribunal, and pursuant to passing of an award.

In Energy sector, he advises and represents various stakeholders including generating companies (both conventional and renewable), transmission companies, distribution companies and industrial consumers associations in matters involving Tariff related issues (Generation, Transmission and Distribution), compensatory tariff, change in law, termination of PPA, Writ before Supreme Court seeking direction to ERC to fix non-confiscatory tariff, Start-Up Power, Generic Tariff Orders passed to promote non-conventional power et al.

Gaurav has undertaken numerous complex assignments, some of the significant ones are mentioned herein under.

  • Advised and represented Lanco Anpara Power Limited in proceedings before CERC and APTEL in relation to issues emanating from interpretation of fifth amendment in Supply Code due to which UPSLDC is not allowing Lanco to declare 100% capacity at bar leading to wastage of 21 MW.
  • Advised and represented Resolution Professional, ABW Infrastructure Ltd. in Corporate Insolvency Resolution Proceedings consequent to admission of Application filed by Financial Creditor under Section 7 of Insolvency and Bankruptcy Code, 2016 (|“IBC”).
  • Advised and represented Adani Power Rajasthan Limited (“APRL”) before Rajasthan Electricity Regulatory Commission in Petition seeking compensation due to change in law events being increase in cost of water due to amendment in Rajasthan Irrigation and Drainage Rules, 1955.
  • Advised and represented an Australian client in an international arbitration proceeding, before Singapore International Arbitration Center, arising from Joint Venture Agreement wherein claims related to siphoning off of funds by the other constituent of Joint Venture.
  • Advised and represented Adani Power Limited before CERC in Petition seeking relief(s) due to change in law events including installation of FGD, levy of customs duty on electricity exported from SEZ to domestic tariff area, levy of green energy cess, change in rate of royalty payable on domestic coal, increase in sizing charges charged by Coal India Limited, levy of central excise duty on domestic coal, levy of clean energy cess et al.
  • Advised and represented Clients in Writ Petitions before Delhi High Court, inter-alia, challenging Rule 117 of Central General Goods and Services Tax Rules as unconstitutional and ultra vires.
  • Advised and represented an Infrastructure company in a Writ, inter-alia, challenging disqualification from the tendering process at technical evaluation stage by Indian Oil Corporation Limited on the ground of existing disputes between the parties in relation to a different contract.
  • Advised and represented an Ultra Mega Power Project before CERC, APTEL and Supreme Court in proceedings initiated by it seeking, inter-alia, increase in tariff due to rise in cost of generation because of promulgation of Indonesian Regulation thereby making it mandatory for sale/purchase of Indonesian Coal at Benchmark Price irrespective of the existing Coal Supply Agreements.
  • Advised and represented a Solar Generating Company before APTEL in an Appeal filed by Gujarat Urja Vikas Nigam Ltd. (“GUVNL”). In the said Appeal, GUVNL challenged GERC’s Order dismissing GUVNL’s Petition seeking reduction in tariff in the PPAs executed with Solar Power Plants in pursuance of a Generic Order. The said Generic Order was passed by GERC on the basis of normative capital cost. GUVNL was seeking reduction in Tariff as the actual capital cost was much lower than the normative capital cost envisaged by GERC while passing the Generic Order.
  • Advised and represented a transmission licensee before CERC in relation to determination of transmission tariff for the period starting from date of grant of Licence till 31.03.2014 for 990 kms Mundra - Mohindergarh ± 500 kV HVDC Transmission Line and Mundra-Dehgam 400 kV transmission line (434 Kms) along with associated sub-stations.
  • Advised and represented an Infrastructure company before Arbitral Tribunal in claims arising out of contract awarded for erection, alignment, bolting/welding/fastening, grouting, testing and handing over of bunker structures and raw coal bunkers for 600 MW Power Plant in Raigarh, Chhattisgarh.
  • Advised and represented an Infrastructure Company in proceedings before Arbitral Tribunal in claims arising out of contract for station work in all stations of a Cross Country Pipeline i.e. Mangalore-Hassan-Mysore Solur LPG Pipeline.
  • Advised a client, involved in manufacturing of steel, in an international arbitration under ICC Rules where claims were raised against Respondent for failing to commission the pressure filter of 100 TPH cakes capacity in accordance with specification agreed between the parties.
  • Advised and represented principal contractor in disputes with the sub-contractor arising out of work for construction, strengthening and winding on roads and bridges of totaling to 55.42 KMs.
  • Advised and represented a Distribution Licensee, in filling Writs under Article 32 of Constitution of India before the Supreme Court of India seeking, inter alia, direction to DERC to fix cost reflective Tariff and liquidation of Regulatory Asset. The Writ was filed because of numerous derelictions on the part of DERC, inter-alia, fixing confiscatory retail tariff.
  • Advised and represented a Distribution Licensee, before CERC and APTEL in relation with various Petitions and Appeals pertaining to the dispute with Waste to Energy Generating Company regarding its eligibility for registration, issuance of, and dealing in Renewable Energy Certificate under CERC (Terms and Conditions for Recognition and Issuance of Renewable Energy Certificates for Renewable Energy Generation), 2010.
  • Advised and represented a Steel manufacturing company in proceedings before National Green Tribunal, wherein Environment Clearance granted in its favour was challenged.