Sanjay Bhatnagar, Director Emeritus, United States India Business Council
Founder, THOT Capital Group, USA

• India's attractiveness to the foreign investor
• The PE boom in India
• Blackstone's perspective on the investment opportunities in India 

• How to leverage on the benefits of the Special Economic Zones and the Government tariff: Who qualifies for the incentives?
• The role that Government Guarantees play in drawing and securing international finance 
• Examining the modification of the foreign equity cap to encourage fund mobilization
• Liberalization of the financial regulatory regime: What has the Government achieved so far and what are the future reforms in increasing foreign direct & institutional investment?
• Regulatory reforms & opening up of energy sectors to private investment
  

•     Gauging the economic outlook for India and the role energy infrastructure development plays in sustaining India's growth estimates in the next decade
• What is the energy outlook for India's power, oil and gas sectors?
• What role can renewables play in India's future and in developing energy reserves?
• Current global geopolitical risks considerations and India's place in the bigger picture, considering its BRICs potential
• Assessing the impact of foreign exchange & interest rate fluctuations on the capacity for international financing for the energy sector
• A private equity outlook on clean energy in India and its impact

• Liquidity in the energy financing markets: banks, funds, institutional investors
• The evolution of project finance: faster, simpler, cheaper
• Beyond project finance: portfolio financing, mezzanine
• How do Indian projects match up to Asian trends?
  

• Strategies for developing a domestic debt market for longer term project financing
• Reducing project cost by adopting best practices in capital management & choice of technology
• Risk mitigation measures: Reducing project risk complexity to lower costs
• The Government’s perspective on the bankability of projects within the power sector
  

• Diversification of domestic bond market for sustainable financing of energy infrastructure projects
• How can India push forward in developing the private bond market in encouraging increased international investor interest in funding infrastructure?
• Capital account convertibility – Opportunities and challenges for Indian infrastructure bond market.
• Assessing the challenges of  long maturity periods & the effective solutions
  

• How to develop the best strategies for funding through equity & assessing due diligence in the equities market
• Which sectors are the hottest and how to match projects with the right market players?
• Recognising the stumbling blocks in developing a more efficient equity market & the potential solutions
• The potential for venture funds within the energy infrastructure space and the future expectations
  

Much like speed-dating, through a rotating cocktail table format, you will get the opportunity to meet all your fellow attendees face-to-face in just 30 minutes. Bring plenty of business cards along for a fast and furious interactive session.

• Private equity synergies between the Middle East & Indian markets for energy infrastructure projects
• Accessing infrastructure based and India sectoral funds into the market: What works best?
• Sector specific equity funds vs generic funds: Which one works best and how to leverage on the right platform?
• How are Asian based equity funds positioning themselves in the infrastructure/ energy infrastructure space and what are the key strategies undertaken?

• Which way will the financial tide turn: Domestic vs international financing?
• Existing payment security mechanisms in funding power projects in India and new innovations for the future
• Will the future envision a borrowers or a lenders market and how to prepare your projects now to meet the changes
• An analysis of the financing options: Project bonds, mezzanine capital financing, asset securitization and assessing which vehicle is right for your project
• Will financing through foreign exchange reserves be a reality in the future?

• Examining the unique reforms in India's pensions system and the role of mutual funds in the new Indian pension system
• The current pension fund investment structure and assessing the opportunities for potential investments in energy infrastructure
• An assessment of successful foreign models and how can it can be applied on home soil
• What are the changes that would need to take place in India’s
  financial regime for successful application?

• Outlining India’s power infrastructure needs and the opportunities for local and foreign investors
• The TATA Power story and how investors can learn from its successes
• TATA Power’s current investment and activity interest in India and abroad
• A roadmap for the future: Where will we be headed to in the coming years in the energy market?

• What are the value drivers for PPP in energy infrastructure projects?
• How can the government adopt PPP in attracting investments in the energy infrastructure sector? What are the necessary enabling conditions?
• What are the key challenges in balancing the interests of various stakeholders in PPP projects?
• The role that multilateral financial institutions play in encouraging PPPs
  
  

• How far have reforms in the generation arenas of the power sector been achieved?
• What to expect in the investment climate once reforms in the nuclear power sector open up to private investment?
• Weighing project financing against other forms of debt: Which is the way to go?
• Will India attract foreign investment in generation & what sort of reforms are required with State Electricity Boards in order for foreign investment to materialise in the long term?
• Exploring the challenge of payment securitization & the level of reforms are needed to infuse further foreign investment activity in this sector
  

• How far have reforms in the transmission & distribution arenas been achieved?
• An international company’s perspectives on opportunities and challenges for investing in India’s power sector
• Weighing project financing against other forms of debt: Which is the best way to go?
• Learning lessons from the West: Private equity investments into India’s power sector
• Measuring the participation level of private investments in the transmission arena following reforms in this sector
• Assessing the regulatory risk and tariff determination tied to the distribution sector

• Focus on clean coal
• Natural gas
• Power transmission and distribution
• Oil, Gas and Petrochemicals

• Reviewing the demand for oil & petrochemical refineries & where will this take India in the next 5-10 years?
• What are the financing requirements & the available project financing tools?
• Equity investments into India’s petrochemical market
• Measuring risk against rewards: A new market entrant’s viewpoints on India’s refining domain
• Evaluating the level of risk and viability for long term sustainable returns against the theory of ‘Peak Oil’
• Measuring how far reforms have encouraged private & foreign participation into this sector
  

• Where are the investment opportunities for building LNG terminals?
• What are the LNG downstream financing trends & requirements and how to meet them?
• Potential opportunities and challenges in this sector from a new market entrant’s point of view
• How far will the developments of the KG Basin in Andhra Pradesh impact the investment climate?
• Assessing legislative reforms in the gas sector and are they sufficient to encourage foreign investment?
• Defining how risk in this sector will determine your appetite for investment

• Understanding the impact of the changing dynamics in regulation for LNG ship financing
• A case study in securing bank finance for LNG carriers
• What are the innovative deal structuring methods to drive the industry forward?
• Is the current pricing trend sustainable or will the industry witness a ‘boom & bust’ cycle in the future?

• Capitalizing on funds available in the private sector for financing in oil & gas utilities: What’s in it for the investor?
• The risk assessment profile in financing pipelines & tankers
• Assessing new and innovative ways to structure projects
• Where do the best opportunities in private equity lie for this sector?
  

Led by:

• Letter of Intent
• Exclusivity
• Due diligence
• Allocation of Responsibilities
• Development expenses
• Budgets and Business Plans
• Capital Structure
• Management and governance
• Voting rights and control
• Capital calls, pre-emption rights and dilution
• Profit sharing
• Exit rights
• Project expansion
• Deadlock resolution
• Dispute resolution

• Risk allocation in offtake contracts
• Fuel supply agreements - Key issues and how to handle them
• Foreign Direct Investments: Stratgic Partners and Financial Partners
• Negotiating control and governance with a foreign partner
• Negotiating exit rights with a foreign partner

• The contracting options available
• How to choose the  right strategy for you
• EPC v EPCM
• How to best protect your position on site
• Advancing and defending claims

• Securing the best terms
• Lenders' environmental and social requirements
• Intercreditor and subordination agreement issues

Regulatory Institutions

• The role of sector specific regulatory bodies in India, including their interaction with the government and the judiciary
• Analysis of domestic regulatory conditions and comparison with the regulatory experience in the United Kingdom will be undertaken

Regulatory Process

• Focus on price regulation and third party access 
• Analysis of domestic regulatory conditions and comparison with the regulatory experience in the United Kingdom will be undertaken

A. Key Considerations when Drafting Disputes Clauses

Litigation -v- Arbitration:  an illusory option for most international projects

• location of assets/enforceability of awards
• party autonomy
• confidentiality
• speed/cost

Essential Features of Arbitration Clauses

• Administered -v- ad hoc
• No. of Arbitrators
• Place of Arbitration
• Significance of Governing Law
• Sample Clauses

B. The Worst Case Scenario:  Dispute Arises

• Arbitrator Appointment:  lawyers -v- industry specialists
• Flexibility of Process
• The Need for Extensive Submissions

            This masterclass will bve led by senior lawyers from the global law firm:

• Doug Peel
• Nandan Nelivigi
• David Eisenberg
• Aloke Ray
• Ellis Baker

With contributions from the following India leading lawyers:

• Amit Kapur, Partner – Head Project, Policy & Regulatory Practice, J Sagar Associates, India
• Mohit Saraf, Partner, Luthra & Luthra, India
  

Chief Executive Officers, Chief Financial Officer, Chief Investment Officers, Business Development Directors & Managers, Finance Directors & Managers of companies engaged in Power, Oil & Gas markets, Industrial Associations, Consultancy firms, banks and Financial Institutions