Power, Energy and Infrastructure projects

Power, energy and infrastructure projects are increasing exponentially in Bangladesh. A country requires its infrastructures to be sustainable, capable of catering to the ever growing demand of power, energy, roads, bridges etc. The ongoing projects are mostly solicited, however there are also a few unsolicited projects as well. Major investment involves a rigorous selection process and complex documentation work which requires experience legal assistance. Such Legal Assistance and  Due Diligence are often considered to be vital as it significantly impacts the success of a project at later stages. Besides, Agreements such as purchase agreement, lease agreement, sovereign guarantee in the form of implementation agreement are key contracts for most infrastructure projects. Our Legal Consultancy and Documentation Team has gained significant experience over a decade and very well equipped to cater to the needs of clients in this sector.

Mr. Mohammed Forrukh Rahman was a legal consultant for Power Cell, Power Division, Ministry of Power, Energy and Mineral Resources for one and half year from 2007 to 2008..

“Rahman’s Chambers work highlights included advising Velcan Energy Mauritius on a solar power project…”

– Legal 500, 2018

Mr. Mohammed Forrukh Rahman has been ranked for Corporate & Finance..

– Chambers & Partners, 2017

“Their response times are excellent and they make you feel generally very well informed..”

– Chambers & Partners, 2018

Rahman’s Chambers is one of the leading law firms in providing legal services to power and energy sector for nearly a decade. The Chambers advises both government and government owned entities for whole range of their activities and also local and foreign companies engaged in generation of electricity. The Chambers expertise covers all legal aspects of power including generation, transmission and distribution and so on.

We have experience of working on almost all aspect of legal services required for power sector. These includes  Due Diligence, Tender and Biddig, PPA, LLA, GSA, IA, O & M and EPC, Consent and Permits, Clarifications, Dispute resolution, litigation of all types and so on. Our peers says about Mr. Rahman:

His association with the Ministry of power has exposed him to issues pertaining to power projects and general corporate laws.

The Chambers represented client in several litigation and arbitration. A notable and reported case bears terstimony of our strength is as follows where we successlly challenged appointment of arbitrator:

BPDB vs. Summit Industrial & Mercantile Corporation Ltd & Others in 19 BLC(2014)284; 2 CLR(HCD) (2014)73

 Our completed projects are(jointly/independently/sub contracted)

  • Advised China Petroleum Pipeline Construction Bureau (CPP), a concern of CNPC of China on a deep sea pipeline construction project of crude oil at Chittagong in 2017.

  • Chambers have advised Unitex LP Gas Limited on a proposed LNG Terminal in Chittagong in 2017.

  • We have advised Union Resources on 1320 MW coal fired Power plant project.

  • Legal Adviser of Power Cell while Power Cell was engaged in procuring process of several rental power projects and in IPPs.

  • Legal due diligence on a major 1320 (2 x 660) MW coal fired power project at Rampal

  • Takeover of 450 MW combined cycle gas fired AES Meghnaghat Ltd and AES Haripur Ltd by a foreign investor.

  • YTL Power International Berhard on a bid relating to a 300-450 megawatt gas-fired combined cycle Bibiyana power plant.

  • Dispute relating to O & M contract with Harbin Power Engineering Company Limited on 100 MW Simple Cycle Gas Turbine Power Plant.

  • Legal consultant of an international Arbitration between Smith Co Gen. (BD) Ltd vs. BPDB and GOB

  • Memorandum of Association & Article of Association of South Zone and Central Zone Power Distribution Company Limited.

  • Legal due diligence to Velcan Energy Ltd a solar power company on a solar power project in Bangladesh.

The chambers conducted legal due diligence for a major power sector company. The due diligence involved preparing a legal register summarizing all consents and permits required for establishing a power plant along with time requirements, expenses and related legal provisions. Similarly, the chambers jointly worked with a Indian law firm advising a leading power sector company for the takeover of an existing power plant in operation. The due diligence process involved searching mortgage and securities created over assets of the power plant, searching the Company register etc. The firm advised on possible takeover plan in compliance with PPA, IA, GSA, LLA and also loan agreements, EPC and O & M contracts as well as Memorandum and Article of Association of the Company. In recent times, the Chambers advised a leading international solar power company in conducting due diligence over purchase/lease of land.

Mr. Rahman while working in the power cell provided day to day advice on various tender processes, involving IPP and rental power, legality of tender documents, deed documents and also vetted several contracts for Power Cell, a leading and experienced agency of the Power Division signed with Agreeko, GBB Power, Summit etc. Similarly, Mr. Rahman worked for a Indian law firm over a bid relating to a 300-450 megawatt gas-fired combined cycle Bibiyana power plant submitted by YTL Power International Berhard.

The Chambers regularly vet contract and bid documents on establishment of distribution and Transmission substations e.g. contract awarded to Energypac Engineering Ltd. for work of reinforcement, Renovation & Augmentation of Ten 33/11KV substation; contract awarded to LG International Corp and LS Cable Ltd, Korea (JV) for Design, Supply, Installation, Testing and commissioning of 33KV underground cable against; contract awarded to Siemens Aktiengesellschaft for Lot-1, Design, Supply, Installation, Testing and Commissioning of 2 (Two) New 132 KV Sub-Station.

Mr. Rahman worked with a leading foreign law firm, while advising NTPC LIMITED over a 1320 MW coal based power plant to be established on joint venture basis with the Government of Bangladesh.

The chamber is also experienced with O & M legal issues and often advised EGCB and Government. E.g. advising BPDB over a dispute relating to O & M contract with Harbin Power Engineering Company Limited on 100 MW Simple Cycle Gas Turbine Power Plant.

The firm advised EGCB over O & M procurement contracts for Siddhirganj 2 x 120 MW Peaking Power Plant and also over disputes with main contractor.

The Chambers in the recent past, have provided legal services; JV in LNG Terminal in Chittagong.

The Firm has worked for a major Japanese company for pipeline construction related matter and disputes which places the Chambers well within the ambit of providing aid and assistance in such matters, while advising clients.

The Chambers have sound knowledge and understanding with regards to complexities that may involve in obtaining required consents and permits in due time due to its experience while working in the Smith Co-generation (BD) Ltd. vs. BPDB and GOB in an arbitration matter. The firm has the experience and expertise of advising clients in this area and also helping them in getting main approvals.

Mr. Rahman participated in various tender meeting for Power Cell and also actively advised on legal impact on negotiation and clarification for public tender.

The Chamber successfully handled Writ petition 3512/2009- Energy Prima Limited vs. BPDB, relating to a power plant contracted on rental basis, where complex claims over customs exemption as per Implementation Agreement, rights and liabilities arising out of force majeure, delay, liquidated damages etc. under PPA are litigated.
While working as a consultant Mr. Rahman worked for BPDB on an international Arbitration taken place in ICC, France between Smith Co Gen. (BD) Ltd vs. BPDB and GOB over disputes on delay in commercial operation under PPA, failure to secure consents under IA, jurisdiction of tribunal and enforcement of award under international conventions etc.

Mr. Rahman while working in Power Cell advised Government over corporate governance and amendments of articles relating to several government owned power companies. Besides, Mr. Rahman also drafted Memorandum of Association & Article of Association of South Zone and Central Zone Power Distribution Company Limited.

Our Related Clients

  • Velcan Energy Mauritius Ltd.
  • POP Diesel Incorporation
  • MPC-Bengal Power consortium
  • First Security Islamic Bank Limited
  • Power Cell (past)
  • Power Division, Ministry of Power, Energy and Mineral Resources (past)
  • Bangladesh Power Development Board (past)
  • Dhaka Power Distribution Company Ltd.(past)
  • Unitex Group
  • Exterran Eastern Hemisphere FZE, UAE
  • Electricity Generation Company Bangladesh Ltd.