Aviation, Shipping, Energy, Telecommunication Laws

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Overview

Telecommunications, Media & Technology (TMT) deals with the contractual and legal/regulatory implications of new and emerging technologies, and their application across multiple platforms, including print, television and video, the internet and mobile devices.

Our practice encompasses an exceptionally broad range of technologies, from traditional matters – such as spectrum allocation, license applications, regulatory compliance, agency investigations, content licensing and distribution, pole attachment proceedings, litigation, and the like – to rapidly evolving innovations such as blockchain, fintech regulation, and issues associated with the Internet and the Internet of Things (IoT).

We advise and counsel full spectrum of legal, business, and regulatory matters affecting the telecommunications, media, and technology industries

Services

TELECOM & TECHNOLOGY

  • Advising telecommunication companies on domestic and cross-border legal, tax and regulatory issues relating to the provision of telecom services including obtaining relevant licenses and approvals;
  • Advising on the legal and regulatory regime for telecom and related services in India.
  • Drafting license and service agreements;
  • The regulatory framework relating to the ownership and provision of on-line goods and services
  • Commerce & electronic data interchange advice
  • Conversion from brick and mortar retail to e-retail
  • Cloud based delivery of software
  • SAAS, IAAS and PAAS model implementation and software delivery
  • Structuring investments and exits
  • Drafting, negotiating and reviewing equity subscription and shareholders agreements
  • Drafting, negotiating and reviewing commercial agreements in relation to technology, media and telecommunication transaction
  • Regulatory advice and communicating with the regulator or other governmental authorities in un-regulated sectors 
  • Issues relating to Foreign Direct Investment and Competition Law
  • Privacy and data protection
  • Disputes and their resolution   

Media

Film, Television and Music

  • Contractual assistance in relation to talent agreements (agreements with actors, directors, music composers and other technicians), joint venture documentation (co-production agreements), production, distribution and licensing agreements, talent representation and management (endorsements, appearances etc.), new media related agreements, and marketing agreements (merchandising, in film placements, brand tie ups etc.);
  • Drafting of the entire suite of documentation and negotiation of agreements;
  • Advisory services for protection of intellectual property rights and interests;
  • Tax advisory services

Sporting Formats and Franchises

  • Assistance in relation to drafting and negotiation of documentation;
  • Advisory services in relation to regulatory, tax, and contractual issues;

Aviation and shipping

We offer a full range of legal services to the aviation and shipping industry including: ports, airlines, owners, charterers, ship yards, agents, maintenance organisations, insurers and banks. 

Commercial, pragmatic solutions to deliver success for clients

Our clients choose us because we can provide everything they need. From claims and defences to commercial transactions, we deliver solid commercial advice to our shipping, aviation and logistics clients.

Our specialist shipping and aviation lawyers understand the sector and work on the ground. Our knowledge of international and local laws is second to none and our deep understanding of the sector means that our advice is commercial, pragmatic and efficient.

 If disputes occur we provide commercial, tailored advice that aims to resolve disputes efficiently and avoid future conflicts. We can offer clients alternative dispute resolution solutions, or robust litigation tactics as necessary.

Our specialist shipping, aviation and logistics services

Our services cover the full range of legal issues clients in this sector may encounter, and include:

  • Chartering
  • Dispute resolution
  • General corporate advice and drafting
  • Shipping logistics
  • Vessel construction
  • Vessel/asset financing and mortgage
  • Customs and logistics
  • International trade
  • Pollution, collisions and salvage
  • Aircraft/asset financing 
  • Aircraft acquisition/leasing 

Our Trade & Customs expertise

The depth of the team’s expertise and deep knowledge in the practice helps our clients navigate through key areas of trade and customs laws across India. We regularly support clients on the most complex, cross-border transactions and disputes.

 Our specialist trade & customs services

Our services cover the full range of legal issues clients in this practice may encounter, and include: 

  • Advising on customs various matters:  registrations, declarations, valuations.
  • Consultation on import and export trade.
  • Consultation on prior disclosures to the authorities.
  • Consultation on goods classifications and country of origin.
  • Consultation on free zone warehouses issues (establishing warehouses, storage of  goods)  
  • Advising on customs audit and inspections
  • Advising on customs compliance
  • Advising on customs compliance violations
  • Advising on anti-dumping matters, representing clients before the relevant authorities in any negotiations, proceeding related to anti-dumping.
  • Representation in administrative proceedings and reconsideration of fines.
  • Representing clients before the authorities in offences related to customs audit and smuggling.
  • Negotiation, preparation, standardization, reviewing and amending of international trade contracts, logistics services agreements, freight forwarding contracts.

ENERGY LAW

CYS Legal has a well-established practice in Energy laws. In the energy sector, the firm act as lender’s legal counsel, counsel to landowners, project developers, suppliers, and contractors in natural gas, coal, hydroelectric projects, wind, and solar energy facilities. The energy sector lawyers at the firm advise in project finance, energy regulation, restructuring, mortgage, legal audit, M&A-JVs, commercial operations, and fuel supply agreements.

The expert  energy sector lawyers  at CYS Legal also undertake drafting of term sheets and transactional documents, related to borrowing from banks, financial institutions including drafting of financing agreements, inter-creditor issues, Escrow Arrangements, Trust and Retention Account Agreements, Security Trustee Contracts & Hypothecation Deeds, Mortgage related documents, Share Pledge Agreements and Cost Overrun Agreements.

We regularly act as legal counsel in national, regional, state, and local regulatory matters in Energy sector. The clients of the law firm include government authorities, multinational corporations, and multilateral institutions in energy projects. Energy Lawyers act as Lenders’ Legal Counsel and assist in the process of sanctioning financial assistance in energy projects.

CYS Legal provides integrated legal solutions covering all areas of an project and energy sector, from the inception of a project, continuing through award of the project, financial close, design, investment, construction, operation and management.

The following briefly capture the entire gamut of services offered by CYS Legal to clients in the infrastructure space:

  • Due Diligence reviews, covering transactional, financial, environmental, tax and compliance related issues;
  • Tax efficient structures to identify tax exposures and optimal tax structuring;
  • Transactional documentation. Our experience is varied and includes the drafting, review and negotiation of:
  • Invitations for tenders and bidding documents;
  • Concession Agreements, Implementation Agreements, and State Support Agreements;
  • Power Purchase Agreements and/or Power Conversion Agreements;
  • Fuel supply
  • Financing Documentation including Facility Agreements and Security and Contractual Comfort Agreements;
  • Joint Venture, Share Subscription and Shareholders Agreements;
  • Verification of title to underlying property, sale deeds, lease deeds and development agreements and other conveyance deeds in relation to acquisition of rights, interest or title in the underlying property;
  • Engineering, Procurement and Construction contracts;
  • Service Agreements and Consultancy Arrangements;
  • Operation and Maintenance Contracts.
  • Risk strategy advice and all aspects of risk allocation and management and the unique features of risk allocation and management structures in both privately financed and state funded infrastructure transactions;
  • Resolution of disputes and litigation flowing from the projects;
  • Compliance with all applicable laws such as project specific regulations, investment laws, company law, indirect taxes, developmental regulations, environmental regulations, labour, corporate, exchange control and other commercial laws.