Areas Of Practice

ALTERNATE DISPUTE RESOLUTION

CUSTOS LEGIS believes that alternate dispute resolution is the best mechanism for dispute settlement, in tune with modern business and industry’s needs. We are continuously evolving and developing our expertise in the field of arbitration, mediation and conciliation. We recognise that our success is intrinsically linked to our clients' success. We have tie ups with some renowned arbitrators and mediators with international expertise. CUSTOS LEGIS advise and assist its clients actively in Alternate Dispute Resolution, both at National and International levels, and handles the following:

Ad-hoc and Institutional Arbitration & Conciliation
Mediation
Negotiations and drawing up successful settlement for client
Issues in respect of enforcement of Arbitral Awards
Choice of law, jurisdiction and rules

BANKING AND FINANCE

With its breadth of knowledge & experience, CUSTOS LEGIS applies finance, structured financing, project financing, regulatory, restructuring, corporate, securities and litigation expertise to transactions in the banking and finance practice. Our expertise in Banking and Finance covers:

Acquisition & Leverage Finance
Asset Securitisation
Commercial Lending
Corporate Financing
Debt Restructuring & External Commercial Borrowings
Global Loans
Investment Funds
Project Finance (including Real Estate Financing)
Public and Private Debt Instruments
Secured and Unsecured Lending
Structured Finance & Syndicated Financing

LITIGATION PRACTICE GROUP

CUSTOS LEGIS has a dedicated team of lawyers specializing in civil, criminal and appellate practice. We advise and represent our clients in their prospective and pending litigation matter before various High Courts, Supreme Court of India & Tribunals. The team consists of experienced lawyers, mostly from National Law Schools and headed by our Partner at New Delhi office. The Litigation Practice Group regularly functions at the intersection of business and regulation, combining industry knowledge and a proven ability to guide clients through courts, tribunals and governmental bodies wherever they may be. Reflecting the diversity of our practice, the following outlines the major areas of our focus:

Administrative and Public Law
Anti-Counterfeiting and Rectification Litigation
Anti- Trust and Competition Litigation
Civil Litigation
Criminal Litigation
Commercial Litigation
Constitutional and Writ Litigation in the High Courts and Supreme Court of India
Consumer Protection and Product Liability
Employment and Labour Litigation
Environmental and Pollution Control Litigation
Intellectual Property Infringement
Projects, Engineering and Construction Litigation

COMPLIANCE, BRIBERY AND ANTI-CORRUPTION

CUSTOS LEGIS has considerable experience in advising clients on anti-corruption laws in India and on providing assistance with regards to the operation of foreign anti-graft laws having extra-territorial implications, including advising and providing assistance on legal issues and corrupt practices investigations by both internal and/or external agency.

We advise various multi-national corporations on anti-corruption related matters, ethics policies and good governance including drafting internal ethics policies and codes of conduct for clients. We also assist several clients with internal investigations on fraud and non-compliance.

From time to time, the lawyers in the firm have assisted and participated in internal training sessions and workshops organised by its corporate clients on the subject.

CORPORATE COMMERCIAL ADVISORY

One of CUSTOS LEGIS's key practice areas is general corporate and commercial across various sectors of the economy. The firm’s corporate and commercial practice not only includes working on complex M&A deals and related transactions, but on a variety of commercial and business contracts covering a wide range of manufacturing and service industries, including automotive, construction, energy & infrastructure, food and beverages, healthcare, hospitality, media and entertainment, tele communications, oil & gas, outsourcing & IT and financial services.

The firm has experience in drafting, reviewing and negotiating a wide range of business contracts such as, manufacturing, sales and distribution agreements, promotional contracts, supply agreements, purchase agreements, outsourcing, project development and management agreements.

We also have expertise and experience in incorporating companies and providing advice on a day-to-day basis on corporate, regulatory, governance, operational and structuring matters. We advise clients on management issues relating to liabilities of companies, duties and obligations of individual directors and governance risks faced by the boards of directors. Our lawyers have the experience and expertise in providing a practical approach and strategic guidance to companies on governance issues, corporate compliance and advice on how to best protect themselves from legal issues that could adversely affect their business operations.

Our lawyers are strongly committed and constantly keep themselves updated with change in laws, regulations and rules affecting their clients.

DISPUTE RESOLUTION - ARBITRATION AND LITIGATION

CUSTOS LEGIS has successfully represented clients in some very challenging litigation and dispute resolution matters involving complex issues of law. Our litigation practice is focussed on commercial disputes, civil disputes, shareholders’ disputes, enforcement of security, recovery of debts, corporate and securities law, competition law, labour and employment matters, real estate issues and economic offences. We handle a number of corporate, civil and criminal matters before various courts, quasi-judicial authorities, and tribunals, including the Supreme Court of India, High Courts of various States, District Courts and lower courts and special tribunals such as the Petroleum and Natural Gas Regulatory Board, The Telecom Disputes Settlement and Appellate Tribunal, Securities Appellate Tribunal and the Competition Appellate Tribunal.

Apart from a robust litigation practice, the firm also advises and represent clients in other dispute resolution processes such as international and domestic arbitration, mediation and strategic advice on potential disputes. In particular, the firm's domestic and international arbitration practice is well- recognised. This includes advising on arbitrations under the Indian arbitration legislation (ad hoc arbitrations) to institutional arbitrations under the supervision of international arbitration centres such as SIAC, LCIA and ICC.

ENERGY, OIL AND GAS

CUSTOS LEGIS has significant experience and expertise in the Energy, Oil & Gas sector and has a legacy of representing clients in the energy, power and utilities sector and is involved in large projects in oil and gas, LNG, airports, mining, power and other infrastructure sectors. We advise entities on the legal aspects of the complete supply chain (upstream and downstream) of crude and refined products, gas and LNG, power generation (including from wind, hydro, biomass and solar projects), gas and power transmission and distribution. We have particularly strong LNG sector expertise, comparable with our international peers and our lawyers have been closely involved with the diverse legal aspects involving the complete LNG supply chain – sourcing of LNG; transportation; regasification and terminalling arrangements; port services and operations; and sale, transmission and distribution of regasified LNG. Our clients include oil and gas majors, utility companies, banks, gas and electricity transmission and distribution companies, power generators and suppliers, contractors and major energy consumers.

FOREIGN INVESTMENT AND EXCHANGE CONTROL

Partners at CUSTOS LEGIS are credited with pioneering work related to foreign investment, ever since the early years of liberalization. We have successfully assisted many multi-national corporations in establishing their presence in India and counselled organisations across sectors (including highly regulated sectors from a foreign investment perspective such as insurance, retail and defence) on the changing regulatory environment with regard to foreign investment.

Our practice regularly advises non-resident and resident clients looking to create business synergies through international tie-ups either through equity investments or technology tie-ups. We also work closely with regulators across industries, to ensure compliance.

INSURANCE

CUSTOS LEGIS insurance practice is seen as a market leader. We advise clients on the entire gamut of insurance law including transactional, regulatory, commercial, coverage, dispute resolution and claims, competition and restructuring. Our teams work closely with the regulator, tracking developments in the insurance sector. In fact, we have been credited with close engagement with the regulator on key policy changes, when we have commented on and recommended changes to some key draft regulations, issued by the authority to obtain public views. The firm has been instrumental in making submissions before the regulator on an innovative transaction involving the merger of two general insurers. These led to framing of guidelines for such mergers.

JOINT VENTURES, FOREIGN AND TECHNICAL COLLABORATION

CUSTOS LEGIS represents and advises a number of prominent players on joint ventures and private equity transactions. We have acted for clients in various cross-border acquisitions of Indian companies and have also advised purchasers, sellers, vendors, vendees, lenders, investors and financial advisors.

Legal advice is provided with a view to arriving at an investment model that provides the client with the most beneficial tax structure and addresses regulatory requirements. We also have considerable experience in structuring joint ventures, mergers and acquisitions across states in India, navigating clients through numerous location specific issues given the legal system’s quasi-federal nature. Our portfolio covers sectors including infrastructure (including power, oil and gas, telecommunications, roads, mining and ports), information technology, media and entertainment, advertising, manufacturing, consumer products, life sciences, financial services and other service sectors.

MINING AND RESOURCES

CUSTOS LEGIS has a well-founded mining and resources practice, regularly advising domestic and international clients on a host of issues in the sector. We have the expertise in handling transactions relating to inbound and outbound investments in the mining sector, joint ventures with state government entities, acquisition and transfer of mining rights, allocation of coal blocks and mining legislations such as the Mines Act, 1952, the Coal Mines and Minerals (Development and Regulation) Act, 1957 and the Mineral Concession Rules, 1960.

Our experience ranges from advisory work on mining laws and regulations in India to representing clients in strategic stake sale or acquisitions in the sector.

We draft, negotiate and finalise; mining services agreements, mining operations and management agreements, agreements for appointment of mining contractors, raising and supply agreements.

PRIVATE EQUITY AND FUNDS

Lawyers at CUSTOS LEGIS have in-depth experience in advising domestic and international private equity and venture capital funds and also assisting Indian companies in corporate finance transactions. The practice derives its strength from the firm's market leading corporate/M&A practice and its lawyers' experience in advising clients in corporate commercial transactions across various sectors of the economy including certain highly regulated sectors such as telecoms, mining and resources, real estate, power, insurance and financial services.

We have worked with diverse private equity funds dealing with almost every facet of the fund life cycle, providing the full range of legal services, including corporate, tax, finance, real estate, local licensing and other regulatory issues

PROJECT FINANCE

CUSTOS LEGIS has a highly accredited project finance practice which has consistently received independent market recognition and accolades from the very first year of its existence.

CUSTOS LEGIS has a highly accredited project finance practice which has consistently received independent market recognition and accolades from the very first year of its existence.Our extensive client portfolio covers projects across industry sectors including oil and gas, airports, ports, hotels, real estate, roads, rail, water, energy and power (including renewable energy), mining, education and telecommunications.

ANTI-TRUST AND COMPETITION

CUSTOS LEGIS advises clients on an array of competition law issues including in connection with domestic and cross border joint ventures, collaborations, distribution and supply arrangements and other commercial transactions.

The firm's expertise ranges from providing stand-alone competition law advice, assistance in filings and obtaining required approvals to represent clients before the Competition Commission of India, COMPAT and in courts on competition law issues. CUSTOS LEGIS advises clients on a full spectrum of competition law issues including reviewing potentially anti-competitive agreements, dominance and practices, competition audit of business practices and arrangements, formulating and conducting compliance & training programs etc.

The lawyers of the firm have been closely associated with and have witnessed the evolution of competition law in India, from the erstwhile Monopolies & the Restrictive Trade Practices Act, 1959 (MRTP) to the enactment and evolvement of Competition Act, 2002. This historical knowledge and experience allows the lawyers of the firm to deal with complex competition law issues in a more pragmatic manner.

We also engage and regularly interact with the Competition Commission of India and other stakeholders on the development of policy and regulatory frameworks around competition issues.

CAPITAL MARKETS AND SECURITIES LAW

CUSTOS LEGIS offers services to companies looking at raising equity capital and debt funding, both domestically and overseas. Our services within the Capital Markets and Securities laws include the following:

Acting as counsel to the issuer in an Initial Public Offering (IPO)
Acting as counsel to the issuer or acquirer in a Qualified Institutional Placement (QIP), Preferential Allotment, or Institutional Placement Program (IPP)
Private Equity & Venture Capital Funding
Bond issue
Conducting due diligence on behalf of investors and/or lead managers and issuers
International Listings (IPO, bond issue) at London Stock Exchange ( Both Main and AIM), Luxembourg Stock Exchange, Mauritius Stock Exchange, Singapore Stock Exchange etc.

INTERNATIONAL COMMERCIAL TRANSACTIONS, INVESTMENTS & TRADE PRACTICE GROUP

CUSTOS LEGIS offers complete advisory and support services to companies and business houses engaged in international trade, investments and export-import business. Some of the works that our International Trade & Investment Practice group deals with are as follows:

Drafting/negotiating international commercials contracts and agreements
Advising on Foreign Direct Investments, FIPB, DIPP, RBI, FEMA, NRI, PIO and OCI Investments, WOS
Facilitating and advising on foreign investments routes including structuring of inbound and outbound investments to optimize tax incidence, tax planning
Advising on Bills of Payment, Letter of Credit, Charter Party Agreements etc.
Advising on foreign acquisition, ownership, technology tie-ups, trade tie-ups and joint ventures
Fuel import agreements and supply agreements particularly from Indonesia
Advising on taxes, tariffs, concessions, duties, anti-dumping rules and customs valuation
Conducting due diligence on behalf of companies, investors, trading houses

REAL ESTATE PRACTICE GROUP

Lawyers at CUSTOS LEGIS, with their extensive experience in real estate projects assist clients in:

Land acquisition for Real Estate development and property due diligence (entailing title verification, encumbrance search, contiguity of lands, land ceiling, permissive land use, construction development, review from the perspective of property) pertaining to ownership and occupancy
Leasing, licensing, stamping and registration of documents, zoning and permitted usage of the properties, vital aspects regulating construction and development arising from locational proximity to environmental clearances and issues such as land ceiling, non-transferable lands, land affected by negative covenants, regulatory and approval issues in the multi-state scenario in India
Real estate project financing

TAXATION

CUSTOS LEGIS regularly advises its corporate clients (international and domestic) on tax-related issues with a special emphasis on creating the most tax efficient structure to conduct their business.

Our tax advice is provided both on a stand-alone basis on complex issues and also as part of structuring corporate transactions. The firm also has close associations with tax specialists and consultants whose advice is sought occasionally to complement our interventions.

Our full suite of services include; tax structuring of investments into India; structuring agreements between Indian subsidiaries of multinational companies with their overseas group companies in light of transfer pricing regulations; double taxation avoidance agreements between India and various countries; advising international clients on capital gains tax and withholding tax issues arising from sale of shares and assets; advising on various aspects of Indian income-tax laws, service tax implications involving import of services into India; structuring of distribution and sales networks of foreign clients doing business in India in light of sales tax and value added taxes; advising on taxation issues concerning foreign expatriates deputed by international companies to India.

CORPORATE INSOLVENCY AND RESTRUCTURING

CUSTOS LEGIS advises its clients on corporate restructuring and business reorganization in distressed and other situations. The firm provides practical and legal solutions and options on structuring their presence or operations for business efficiency or for avoiding or mitigating the adverse effects in troubled circumstances. We have a team of experienced lawyers advising on demergers, hiving offs, amalgamations, etc. preparing schemes of arrangement with creditors and shareholders and where required by law, obtaining approvals of the concerned high courts of various states across the country.

We also advise on voluntary liquidation and dissolution of companies and defend client’s interests where winding up or similar proceedings are initiated against them.

Our lawyers have the experience of acting in various jurisdictions in India and can seamlessly advise and assist clients on all elements involved in critical restructurings and bankruptcy matters.

EMPLOYMENT AND INDUSTRIAL RELATIONS

Labour and employment is one of CUSTOS LEGIS's key practice areas. Apart from advising organisations on labour/employment issues as part of M&A, business transfer and reorganisation transactions, we regularly counsel clients on stand-alone labour/employment matters.

Our experience ranges from the preparation of service rules to structuring of compensation packages, drafting of employment contracts, non-compete and confidentiality agreements, termination notices, negotiating collective bargaining contracts, retrenchment, lay-offs and strikes. We also help clients seek permissions and registrations under various labour/employment-related laws and regulations

ENVIRONMENT

CUSTOS LEGIS has a robust environmental law practice and regularly advises clients on contentious and non-contention issues. We counsel clients on environmental law compliances when setting up projects in large scale industries, infrastructure (ports, power plants, LNG terminals, refineries, mines, etc. and real estate.

Our environment practice also assists clients in obtaining necessary environmental law permits/approvals from both state and the central level authorities.

INFRASTRUCTURE

CUSTOS LEGIS has a particularly strong infrastructure practice and has regularly been involved in advising on a variety of infrastructure projects with varying degrees of complexities. We have extensive experience on advising clients on transactions involving airports, roads, port, water, township and railway projects. Our lawyers have been engaged by different project participants including project developers, investors, EPC contractors and equipment suppliers. We provide a full range of services in this sector, right from project inception (greenfield/brown field), to concession, to project execution and financing to project dispute resolution. We have a deep and pervasive understanding of the various models and related agreements used to set up and implement infrastructure projects and have a problem solving approach to deal with the associated risks. Our accomplished and multidisciplinary lawyers have vast experience in providing a full spectrum of project advisory solutions, which are customised, creative and client-oriented.

Our environment practice also assists clients in obtaining necessary environmental law permits/approvals from both state and the central level authorities.

INTELLECTUAL PROPERTY

CUSTOS LEGIS’s intellectual property practice has the capability to handle a whole host of contentious as well as non-contentious matters. Our expertise lies in the traditional forms of intellectual property such as trademarks, copyrights and patents as well as non-conventional areas of intangible property like geographical indications and industrial designs. Apart from litigation and enforcement, we have also represented leading international and domestic clients on domain name disputes in arbitration proceedings before the World Intellectual Property Organization and the National Internet Exchange of India. We also regularly advise on non-contentious matters (including cross-border) involving transfer and use of intellectual rights such as copyright acquisitions, franchising models, trade mark licenses, technology transfer and software development agreements.

MERGERS AND ACQUISITIONS

CUSTOS LEGIS has a leading M&A practice with comprehensive experience in acting for both sellers and acquirers in private as well as public transactions. CUSTOS LEGIS has an impressive portfolio, advising clients on international and domestic mergers and demergers, share swaps, stock and asset purchases, mergers (amalgamations) through court schemes, joint ventures, restructuring and spin-offs. We provide innovative and all-inclusive advice aimed at maximising value for our clients. We handle the various, corporate, litigation, employee benefits, tax, environmental, competition, intellectual property, and other issues related to these transactions. We support our clients through each stage of a transaction, from due diligence, to finalisation of structure, preparation, negotiation and finalisation of transaction documents, post-acquisition integration and transition.

Our clients include multinational corporations, well known Indian business groups, major listed and unlisted companies, private equity groups, investment houses and financial institutions.

TMT

CUSTOS LEGIS has a comprehensive tele-communications, media and technology practice and is equipped to solve complex legal issues arising from this rapidly developing sector.

Our services range from stand-alone advisory work to regulatory compliance, foreign investment, licensing issues, real estate and employment. We work with large and 'mid-sized corporations ,start-ups' and investors on a whole host of intricate issues relating to policy, e-commerce and foreign direct investment, provision of IT enabled services, registration and compliance, intellectual property protection, data protection, employee handbooks/contracting /incentive schemes and doing business in fast developing regulatory frameworks and markets.

In the telecom sector, our teams have experience advising clients from the days of the migration of the National Telecommunication Policy (NTP) of 1994 to the more vibrant NTP 99 (revenue share) regime.

We have counselled service providers and project participants in the 'cellular, basic,' national and international long distance services, internet and other value added services, on both regulatory and transactional issues.

REAL ESTATE

CUSTOS LEGIS advises clients on increasingly diverse and complex matters, after economic liberalization led to a growth in opportunities and investments in the real estate sector.

Over the years, our lawyers have gained expertise on various aspects of the law and commercial practices in the real estate sector.

We offer market-leading advice across a broad range of practice areas where real estate transactions are involved.

We also have significant expertise in drafting and negotiating conveyance deeds, lease deeds, other tenancy arrangements, financing documents, creation of security and associated documentation and advising on stamp duty and registration related issues.

Our real estate practice covers various participants in the sector, including investee companies,

We advise a number of high profile and large investors on their investments in Indian companies, including on due diligence of property, Indian foreign direct investment policy, exchange control regulations, structuring investments, corporate, regulatory and tax issues, drafting definitive documentation, negotiations and closure of transactions.