Hemant Sahai

Hemant Sahai

FOUNDING PARTNER | New Delhi

Projects Energy & Infrastructure, Regulatory & Policy, Dispute Resolution
Enrolment No. MAH/298-A/1989

About

Hemant Sahai is the Founding Partner of HSA Advocates and is responsible for the firm’s strategic growth and development In a career spanning over three decades, he has developed a distinct focus on projects, energy & infrastructure, regulatory disputes and governance issues impacting companies and their boards. As a member of several government committees, Hemant frequently advises ministries and regulatory authorities on refining the legal and policy framework in India. He advises companies and their boards on a range of aspects such as enterprise risk, corporate governance, regulatory challenges, corporate restructuring and dispute strategy. Hemant is a member of the boards of several organizations, including public listed companies. He has studied B. Com (Hons) and LL.B. at University of Delhi and is also a member of International Bar Association.

Practice areas

  • Projects Energy and Infrastructure
  • Regulatory & Policy
  • Dispute Resolution

Expertise

  • Public Private Partnership projects
  • Regulatory and general disputes in power sector
  • Project financing
  • Corporate governance
  • Policy advisory

Representative matters

  • Government of Gujarat (GoG) in acting instrumentality through GUVNL and successfully arguing the matter before CERC defending the policy decisions of the GoG in the largest ever rehabilitation and financial re-structuring of infrastructure assets in India’s history, i.e. 3 thermal power generating plants aggregating 10,000 MW of generating capacity representing an aggregate capital investment of over USD 10 Billion. Hemant Sahai was part of the entire proceedings which the High Power Committee (HPC) conducted and was involved in formulating the recommendations and eventually authoring the report for the HPC
  • NITI Aayog (Erstwhile Planning Commission of India) and other Governmental bodies regularly on policy issues, drafting model transaction and other policy documents
  • State Governments of Haryana, Andhra Pradesh, Goa, Madhya Pradesh, and Chhattisgarh in the implementation of the provisions of the Electricity Act, 2003 and providing full regulatory and restructuring support
  • ACME Cleantech Solutions in an international commercial arbitration seated in Singapore administered under the arbitral rules of the Singapore International Arbitration Centre arising out of a dispute caused by a contract with a foreign manufacturer of solar modules and equipment
  • ONGC Videsh in an international commercial arbitration seated in London, United Kingdom administered under the UNICTRAL Arbitration Rules arising out of a dispute caused by a breach of contract pertaining to construction of pipeline for transportation of crude oil and breach of a sovereign guarantee issued by the sovereign to back its obligations under the underlying contract

Publications & recognitions

    • “Inside the investment rush in operational infrastructure projects” –BloombergQuint
    • “The fallout of Andhra Pradesh’s U-turns on infrastructure contracts” - BloombergQuint
    • “Proposed solutions to legal issues raised by SPV model” – India Business Law Journal
    • “Design and structure vital for success of PPP Projects” – India Business Law Journal
    • Commended External Counsel of the Year, 2019 – In-House Community of Counsels
    • “Top 100 lawyers in India” and “Top 35 Legal Icons of India” – India Business Law Journal