Areas of Service
- Capital Markets
- Competition Law
- Fund Formation
- Human Resources Law (Employment and Labour)
- Intellectual Property
- International Dispute Resolution and Investigations Practice
- International Tax
- International Tax Litigation
- Joint Ventures
- Mergers & Acquisitions
- Private Client
- Private Equity Investment Sovereign Wealth Fund and Pension Fund
- Technology Law
- 5G Sector
- AgriTech Sector
- Artificial Intelligence
- Automation and Robotics Sector
- Crypto & Blockchain
- Digital Health
- Digital Lending
- Food & Beverages
- Media & Entertainment
- Medical Devices
- Oil & Natural Gas
- Pharmaceutical and Life Sciences
- Quantum Computing
- Real Estate Investments
- Social Sector
- Space Exploration and Technology
Sovereign Wealth Fund and Pension Fund Practice
Our Sovereign Wealth Funds (“SWF”) and Pension Funds (“PF”) practice caters to some of the largest SWFs and PFs in the world for their investments into India whether as direct investors or as limited partners in India focussed funds. Starting with devising legal and tax efficient structures for investments into India, leveraging tax benefits provided to SWFs and PFs, implementing effective partnerships with local strategic and financial sponsors and managing oversight of and exit from investments, we have helped most of the world’s leading SWFs and PFs navigate the Indian regulatory landscape.
This practice group draws from our firm’s senior most experts from the Private Equity and M&A teams combining with our experts in the Tax and Funds practice to provide the highest quality of advice in shortest possible time, and covering all the bases of funds, tax, listed securities and foreign exchange regulations to ensure a service offering unmatched in the market.
Nishith Desai Associates has consistently been recognized as a leading law firm for Private Equity by IFLR, Chambers & Partners, Legal 500, Asia Law and other reputed institutions. We are specifically recognized for large and complex deals and have been pioneers of several new and innovative deal structures. NDA has been the proud recipient of the RSG - FT award as the ‘Most Innovative Indian Law Firm’ for five different years.
Scope of Services
Combining our expertise in the Private Equity and M&A practice areas with our specialization in various sectors including the infrastructure space, we have been the preferred advisors for various SWFs and PFs looking to invest in India. We provide end to end services including due diligence, legal and tax structuring, negotiations, documentation and implementation.
Based on an in-depth study of the industry, the opportunities, challenges and the commercial legal framework, we advise our clients on overall industry perspective, deep-dive studies on topical industry issues, entry strategies and comprehensive legal and tax structuring advisory to cater to incisive plans in particular industry sectors.
The research-based approach and in-depth domain knowledge in each of the industry verticals enables us to write and comment on the policy initiatives of the Government of India and the various State Governments. The firm recognizes its role as a responsible organization and contributes regularly to the successful and efficient policy formulation and implementation by raising significant policy issues and suggesting modifications from time to time to the regulators and Governments.
PROJECT ADVISORY AND PRE-CONCESSION ADVISORY
Given the popularity of the Indian infrastructure sector as an investment destination, project advisory is a core strength of the group. We deal with the full spectrum of project advisory, right from project conceptualization, pre-concession advisory, concession advisory, advisory during the life of the project and project dispute resolution. The firm renders legal and tax advisory services to the entire range of participants in a project, i.e. Government or public authority, project sponsors, lender/ investor consortium, contractors, subcontractors, project equipment suppliers and project service providers.
The firm prides itself on its expertise in navigating and guiding clients through any disputed scenario. We combine our expertise in international commercial arbitration and bilateral investment treaty arbitration, with our in-depth knowledge of the Indian legal and regulatory environment to cover all bases. This area of practice is guided by the philosophy of trying to find an expeditious and efficient solution for the client in a cost-effective manner.
Represented Government of India in its set up of India’s first SWF, National Investment and Infrastructure Fund, with a corpus of USD 6 billion.
Represented Government of Singapore (GIC), Singapore’s SWF, in its acquisition of Reliance Jio Towers for USD 3.4 billion alongside Brookfield Infrastructure Partners L.P. and British Columbia Investment Management Corporation.
Represented GIC in its investment of USD 625 million into IRB Infrastructure Developers’ listed infrastructure investment trust.
Represented Abu Dhabi Investment Authority for structuring of its investment as a LP in Kotak’s Special Situations Fund.
Represented Mubadala Investment Company, Abu Dhabi’s SWF, in its investment of USD 1.2 billion in Jio Platforms.
Represented Mubadala Investment Company in its investment of USD 850 million in Reliance Retail Ventures Limited.
Represented APG, Dutch PF, and Godrej Properties in their residential real estate joint venture set up in Netherlands.
Currently advising a Canadian PF having SWF exemption regarding restructuring of debt of Indian SPV in terms of assignment of loans using a securitisation trust structure and simultaneous infusion of funds from an offshore group entity.
Represented Brookfield Partners in enforcement of security with respect to its real estate investment into Peninsula Lands.
Represented Oman Investment Fund in a multi-party negotiated and contentious exit from an Indian entity. We assisted in review of position and developing pre-litigation strategy in aid of the negotiations towards resolution of the overall dispute.
Currently representing a Singapore based fund manager for structuring of their Indian fund in India and overseas, which will invest in road assets and pool in money from a Canadian PF and few SWFs.
Advised GIC as a LP in the Blume Ventures India Fund IV, a scheme of Blume Ventures India Trust IV, a trust registered with the Securities and Exchange Board of India, as a Category II Alternative Investment Fund.
Represented funds in their tricky LP negotiations, GP-LP disputes, carry structures, key man situations, employee exits and currency exchange issues. We have gained experience of negotiating with various institutional investors and sovereign wealth funds some of which are mentioned below.
Advised Oman State General Reserve Fund with respect to regulatory issues concerning foreign investment into an Indian AIF.
Representing Finnish Fund for Industrial Cooperation Ltd, the SWF of Finland, in proceedings for enforcement of foreign award and in insolvency proceedings against its debtor in India.
Represented GIC in their significant minority investment of USD 170 million in Asia Healthcare Holdings Pte. Ltd.
Represented GIC in their investment of USD 47 million in Skyroot Aerospace Private Limited alongside LNM India Internet Ventures Limited.