Co-founder & Partner
Abiha Zaidi is an Advocate on Record, Supreme Court of India and is involved in various constitutional litigation in Courts.
She regularly represents clients in commercial matters before specialised Commissions, Tribunals, High Courts and the Supreme Court of India. She has extensive experience in handling regulatory matters in the energy sector, including transmission issues, tariff petitions, power purchase agreements and renewable energy projects. She has also acted for several market leaders in disputes relating to construction of sub stations, transmission licensees, highways, dams etc.
An expert in commercial arbitration, Abiha has successfully represented several infrastructure companies in large and strategic arbitration matters arising from public tenders, RFPs and EPC contracts. She also handles matters relating to financial regulations, insolvency intellectual property and insurance laws.
She represents corporate houses, government institutions and industry associations on several landmark and important issues relating to Reserve Bank of India Guidelines, Power Purchase Agreements, Concession Agreements, Transmission Service Agreements, Operations, Maintenance and Development Agreements.
A graduate from National Law Institute University, Bhopal, her work experience includes working with one of the leading law firms of the country, J. Sagar Associates, New Delhi and with a PSU Maharatna Conglomerate, Power Grid Corporation of India Ltd.
Follow Her SubStack- Regulatory Despatch
KEY MATTERS
Compensatory Tariff Matter – (2017) 14 SCC 80
Represented generating company in a matter pertaining to grant of compensatory tariff to the generator in view of the change in Indonesian Regulations aligning the cost of coal to that of the international benchmark.
Carrying Cost/Interest Matter – (2019) 5 SCC 325
Represented a generating company in matter pertaining to grant of interest/carrying cost by distribution companies to the generating companies for interest on delayed payments in terms of the PPA.
Point of Connection (POC) Charges
Represented and advised a transmission company before the Central Electricity Regulatory Commission and the Appellate Tribunal in a dispute involving the question of fixation of liability for payment of transmission charges by a licensee in cases where the downstream system has been delayed.
Interpretation of unitary charges under Transmission Agreement
Represented a transmission company in a dispute concerning computation of monthly unitary charges based on interpretation of ‘availability’ in the Transmission Agreement. (Force Majeure vs. Forced Outage)
Renewable Energy Projects
Represented and advised various renewable energy developers on aspects involving rights and obligations under implementation agreements, disputes arising out of agreements executed under the National Solar Mission, interpretation of Guidelines of the Ministry of New and Renewable Energy et. al.
Bank Guarantee Injunction Mattees
Represent construction contractors before the Delhi High Court in matters pertaining to Section 9 under the Arbitration and Conciliation Act, 1996, praying for interim injunctions against invocation of Bank Guarantees.
Arbitrations pertaining to levy of LD
Represented Energy Procurement Contractors (EPC) in arbitrations for on disputes with respect to levy of liquidated damages on a contractor for delay in completion of construction contracts.
KEY PRACTICE AREAS
TRAINING ASSOCIATION
Associated with the National Power Training Institute, Faridabad and Gujarat Energy Training & Research Institute, Vadodara for delivering training sessions to employees of various Public Sector Undertakings on Power Sector Reforms, Electricity Act, 2003 and the Regulatory Framework.