Gaurav Dudeja

Gaurav Dudeja is a Partner based in the New Delhi office of Phoenix Legal. He has 16 years of experience as a disputes and litigation lawyer and is adept at handling a diverse variety of commercial disputes. His primary practice area is Arbitration and Mediation.

He regularly advises 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 statutes and rules, and environment matters.

He has handled a wide range of arbitration matters (both domestic and international) emanating from building and construction contracts, such as contracts relating to the building of power plants, laying of transmission lines, laying of cross-country pipelines for the transmission of oil and gas, building of new railway stations, construction of townships, roads, hotels and bus terminals. He helps clients plan the best strategies and is involved at all stages, from pre-institution of dispute to appointment of the Arbitral Tribunal, seeking interim relief prior to constitution of the Arbitral Tribunal, before the Arbitral Tribunal, and pursuant to passing of an award.

In the 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 PPAs, writs before the Supreme Court seeking directions to ERCs to fix non-confiscatory tariff, start-up power, and generic tariff orders passed to promote non-conventional power.

His significant assignments include advising and representing Lanco Anpara Power Limited before CERC and APTEL in relation to issues emanating from the interpretation of the fifth amendment in the Supply Code; advising and representing the Resolution Professional of ABW Infrastructure Ltd. in Corporate Insolvency Resolution Proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016; and advising and representing Adani Power Rajasthan Limited before the Rajasthan Electricity Regulatory Commission in a petition seeking compensation due to change in law events, being an increase in the cost of water due to an amendment in the Rajasthan Irrigation and Drainage Rules, 1955.

He advised and represented an Australian client in an international arbitration proceeding before the Singapore International Arbitration Center arising from a joint venture agreement, with claims related to siphoning off of funds by the other constituent of the joint venture. He also advised and represented Adani Power Limited before CERC in a petition seeking relief 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 the rate of royalty payable on domestic coal, increase in sizing charges charged by Coal India Limited, levy of central excise duty on domestic coal and levy of clean energy cess.

Other matters include advising and representing clients in writ petitions before the Delhi High Court challenging Rule 117 of the Central Goods and Services Tax Rules as unconstitutional and ultra vires; advising and representing an infrastructure company in a writ challenging disqualification from the tendering process at the technical evaluation stage by Indian Oil Corporation Limited; and advising and representing an Ultra Mega Power Project before CERC, APTEL and the Supreme Court in proceedings seeking an increase in tariff due to a rise in the cost of generation because of the promulgation of an Indonesian Regulation making it mandatory for the sale and purchase of Indonesian coal at benchmark price irrespective of existing coal supply agreements.

He has also advised and represented a solar generating company before APTEL in an appeal filed by Gujarat Urja Vikas Nigam Ltd. challenging GERC's order dismissing its petition seeking a reduction in tariff in PPAs executed with solar power plants; advised and represented a transmission licensee before CERC in relation to the determination of transmission tariff for a 990 km Mundra–Mohindergarh ±500 kV HVDC transmission line and the Mundra–Dehgam 400 kV transmission line along with associated substations; and advised and represented an infrastructure company before an Arbitral Tribunal in claims arising out of a contract awarded for erection, alignment, bolting, welding, fastening, grouting, testing and handing over of bunker structures and raw coal bunkers for a 600 MW power plant in Raigarh, Chhattisgarh.

He has further advised and represented an infrastructure company in proceedings before an Arbitral Tribunal in claims arising out of a contract for station work in all stations of a cross-country pipeline, namely the Mangalore–Hassan–Mysore–Solur LPG pipeline; advised a client involved in the manufacturing of steel in an international arbitration under ICC Rules where claims were raised against the respondent for failing to commission a pressure filter of 100 TPH cakes capacity in accordance with the specification agreed between the parties; advised and represented a principal contractor in disputes with a sub-contractor arising out of work for construction, strengthening and winding on roads and bridges totalling 55.42 km; advised and represented a distribution licensee in filing writs under Article 32 of the Constitution of India before the Supreme Court seeking directions to DERC to fix cost-reflective tariff and liquidate the regulatory asset; advised and represented a distribution licensee before CERC and APTEL in relation to various petitions and appeals pertaining to a dispute with a waste-to-energy generating company regarding its eligibility for registration, issuance of, and dealing in Renewable Energy Certificates; and advised and represented a steel manufacturing company in proceedings before the National Green Tribunal, where an environment clearance granted in its favour was challenged.