Carbon Border Adjustment Mechanism

Implementation of the EU’s Carbon Border Adjustment Mechanism and its Implications

The European Union’s Carbon Border Adjustment Mechanism (“CBAM”), applicable to imports from ‘third countries’ (i.e., non-EU countries), endeavors to impose a price on emissions in respect of the production and supply of carbon-intensive goods. By ensuring that a price is paid for such embedded emissions, the CBAM aims to make the carbon price of imports equivalent to that of domestic production, especially when third countries do not appropriately impose such price.
Although the CBAM has been mainly presented as a climate measure, it may also end up operating as a unilateral trade restriction designed to protect EU manufacturing. Several countries, including India, have labeled the CBAM as protectionist. While the global implications of the CBAM appear to be diverse, certain countries, including developing and newly industrialized nations, have claimed to be the worst hit, while developed countries are likely to have less carbon-intensive production processes.
The CBAM’s compliance requirements are expected to reduce the profits of Indian exporters in key sectors. Indian manufacturers from key trade-exposed industries (including those that are energy-intensive) are further poised to incur an increase in fuel costs, leading to a decrease in export earnings.
While India has discussed retaliatory measures, it is also pursuing the option of getting its Carbon Credit Trading Scheme, 2023 recognized by the EU and aligning it with the CBAM. Separately, the EU and India are engaged in talks on a proposed Free Trade Agreement, where India has raised concerns about the CBAM being similar to non-tariff barriers.
However, consistent with India’s own goals, the CBAM could also offer potential synergies, including in terms of green hydrogen partnerships and increased renewable energy deployment. Indian producers and exporters could view the CBAM as an opportunity to scale up sustainability-driven practices, including to enhance their positioning in a globally competitive market. Going forward, while carbon reporting and emissions monitoring will be essential, Indian companies should also consider investing in appropriate R&D, including with respect to emerging technologies.


sustainable finance

SEBI’s New Framework for Sustainable Finance: A Review Beyond Environmental Sustainability

In order to expand the asset class for which Indian entities can issue and list debt securities with a purpose of using the proceeds for developing sustainable projects, the Securities and Exchange Board of India recently amended the Securities and Exchange Board of India (Issue and Listing of Non-Convertible Recently Securities) Regulations of 2021 (“NCS Regulations”) on December 11, 2024. Previously, the framework under the NCS Regulation only covered issuances of green debt securities. The amendment has introduced the concept of ESG debt securities, which now includes a framework for issuances of social bonds, sustainability bonds, sustainability linked bonds and green debt securities under its ambit.
This note discusses the amendment in light of India’s commitment towards reducing its intended nationally determined contributions together with the implications for listed issuances of the ESG debt securities by Indian corporates to potential domestic and foreign investors as well as highlights the gaps in the current form of the NCS Regulations.


ports sector in India

M&A in the Ports Sector in India: Key Regulatory and Contractual Considerations

The Indian ports sector is witnessing increased private sector participation, particularly by way of Public-Private Partnerships (“PPP”). The government has facilitated private sector participation by adopting investor friendly PPP models and streamlining tender processes and concession agreements for major ports. Due to multiple regulatory authorities and differing practices of port authorities, mergers and acquisitions in the ports sector in India are associated with unique considerations that potential acquirers should bear in mind. This note discusses the key regulatory and contractual considerations relevant to mergers and acquisitions in the ports sector in India.


clean energy

Clean Energy: Issue 3 of 2024

Issue 3 of 2024 of our Quarterly Roundup Series on Clean Energy covers the period between July and September 2024 and tracks key regulatory developments at both central and state levels in solar and wind generation, green hydrogen/ ammonia production, EVs, tariffs, connectivity and other miscellaneous updates.


commencement certificate and completion certificate

Clarification on Exemption from Project Registration and Interpretation of Commencement and Completion Certificate

Maharashtra Real Estate Regulatory Authority (“MahaRERA”) earlier had already issued clarification regarding projects which are exempted from getting registered under the Real Estate (Regulation and Development) Act, 2016 and what denotes a commencement certificate and completion certificate in plotted real estate projects vide circulars and orders. However, there was still some ambiguity regarding interpretation of these issues. Therefore, in order to ensure ease of reference and harmonious construction as well as to cure the anomaly, MahaRERA decided that these issues covered under various circulars/orders be merged and incorporated in a consolidated order and hence issued the present order i.e. Order No.62/2024.


concession agreements

Stamp Duty on Concession Agreements

A recent decision by the Supreme Court has clarified the chargeability of stamp duty on concession agreements in India. Concession in Rewa Tollway P. Limited v. the State of Madhya Pradesh, the Supreme Court has decisively laid down that a concession agreement permitting tolling in favor of the concessionaire should be stamped as if it were a lease. This would have significant cost implications for infrastructure project delivery in India through the public private partnership mode.
This note analyzes the law regarding stamp duty payable on concession agreements in India including the aforementioned decisions and the impact this decision could have on past and present concessions.


ports and terminals

Navigating Legal Waters: Rights and Remedies for Indian Ports and Terminals

Indian trade and shipping are pivotal to the country’s economic growth, with ports serving as essential gateways for the movement of goods and resources. With a vast coastline of 7,517 kilometers, India has numerous major and non-major ports that facilitate both domestic and international trade. These ports play a crucial role in handling cargo, ensuring efficient supply chains, and supporting various industries, making them vital to the nation’s overall economic infrastructure and global trade connectivity. The Indian government has increasingly recognized that the privatization of ports can introduce best practices and modern technology, significantly enhancing operational efficiency and competitiveness.
Indian ports and terminals often face legal challenges in enforcing claims for unpaid dues and damages. A recent ruling by the Orissa High Court regarding the vessel M.V. Debi highlights these issues, allowing the vessel’s arrest to enforce a maritime lien held by Paradip International Cargo Terminal Pvt. Ltd. (“PICTPL”) for unpaid berth hire charges. This decision underscores the enforceability of maritime liens and clarifies that port concessionaires can pursue claims even without a direct contractual relationship with the vessel or its owner.
This note examines common disputes faced by ports, such as tariff non-payment and damage to port property, which often arise from ambiguous contractual terms and regulatory changes. It emphasizes the importance of understanding the available legal avenues, including admiralty suits and civil litigation, to navigate these challenges effectively.
As the sector increasingly shifts towards privatization, a supportive policy framework has emerged to attract investments and enhance operational efficiency. However, this transition necessitates robust dispute resolution mechanisms to address grievances effectively. The need for streamlined processes is critical to manage the complexities of long-term contracts while ensuring timely redressal of claims. Ultimately, these legal frameworks will play a crucial role in maintaining competitiveness and facilitating growth within India’s maritime industry.


Green Hydrogen in India

Landscape for Green Hydrogen in India

Hydrogen is the most abundant element in the universe and has the potential to store tremendous amounts of energy. Under the right circumstances, it can be a viable alternative to fossil fuels and can significantly contribute to decarbonization. Accordingly, in India’s quest to decarbonize and achieve net zero emissions by 2070, it seeks to manufacture and deploy Green Hydrogen (“GH2”), and its derivates such as Green Ammonia. Policy initiatives including the National Green Hydrogen Mission (“NGHM”), and the Green Hydrogen Certification Scheme (“GHCI”) create a framework, while incentivizing investments in the sector by providing financial incentives and creating robust and transparent monitoring systems. Other key consideration for investors would be the ease of financing and longevity of business operations, dependent in part on the regulatory framework. The availability of low cost renewable energy and skilled workforce also show good promise to transform the country’s energy infrastructure and position it as an export hub for international trade. In this backdrop, investors are keenly looking at the landscape for GH2 in India to meet both financial and ESG goals.


Clean Energy: Issue 2 of 2024

Pursuant to significant regulatory developments in the period between January and March 2024, as discussed in our previous clean energy quarterly update (Issue 1 of 2024), Issue 2 tracks and analyzes key regulatory developments between the months of April and June 2024, including in respect of the approved/revised list of manufacturers and models (related to solar photovoltaic modules and wind turbine models, respectively), rooftop solar projects, the optimal utilization of power generating stations, the National Green Hydrogen Mission, the determination of fees and charges to be collected by regional load dispatch centers, deviation settlement, EV charging infrastructure, quality control standards for electrical equipment, biomass utilization, the electricity grid code, and renewable energy tariff determination.

In addition, Issue 2 of 2024 tracks and discusses key regulatory developments across states, such as those with respect to open access (including green energy open access), consumer rights, resource adequacy, renewable purchase obligations, peer-to-peer energy transactions, and battery energy storage systems. 


biodiversity and climate

Safeguarding Biodiversity or Mitigating the Impact of Climate Change: A Novel Dilemma

In a landmark judgement delivered in March 2024, in MK Ranjitsingh & Others vs. Union of India & Others, the Supreme Court of India sought to balance two goals which it considered “equally crucial” – the conservation of a “critically endangered species”, the Great Indian Bustard, and the conservation of the environment.
The Supreme Court has proposed a way ahead to address the dilemma presented to it. Balanced and prompt follow up action will be critical to approach both biodiversity and climate goals in a meaningful way.