Amit Kapur

Amit Kapur is a Partner with JSA since 2000. He has anchored the Firm’s Infrastructure practice since 1997 with focus on infrastructure sectors. Having served as Senior Partner of JSA since 01.04.2017, on 01.01.2019, Amit assumed office as the Joint Managing Partner of the Firm.

His practice focusses on developing policy and regulatory frameworks, dispute resolution, public procurement, PPP and transactions in Energy (Power, Hydrocarbons, Natural Resources); Climate Change & Sustainable Development; Transport (Rail, Highways and Civil Aviation); Communications; Municipal Infrastructure and Social / Developmental projects.

He is regularly consulted on Infrastructure, Regulatory and PPP issues by several ministries / bodies of Central and State Governments (MoP, MNRE, MoEFCC, MoF); Developmental Financial Institutions (UNDP, the World Bank, PPIAF, WSP-SA, ADB); Competition & Sector regulators and leading Indian and foreign Corporates (like the Adani Group, the Tata Group, Aditya Birla Gorup, the Vedanta Group, the Reliance ADA Group, Larsen & Toubro, Torrent, Bajaj Hindustan, MB Power).

In recent past, he actively assisted the Kelkar Committee on Rejuvenation of Infrastructure Development (2015). He served as member of Ministry of Law appointed committee to review the Specific Relief Act, 1963 whose recommendations culminated in an amendment to the law in October 2018 providing for fast track dispute resolution mechanism.

 

Memberships

  • Supreme Court Bar Association
  • Delhi High Court Bar Association
  • International Bar Association
  • American Bar Association
  • Bar Council of Delhi

 

Publications

  • Budget 2024: Setting the pace for prudent acceleration of economic growth – published in Economic Times – published in the Economic Times, July 2024 (Link)
  • Challenges of change and judiciary: Key learnings from SC judgement in GIB case – published in the Economic Times, April 2024 (Link)
  • Courts worldwide increasingly recognise climate action as a human right – published in the Economic Times, April 2024 (Link)
  • Rebuilding trust in climate action – published in Hindu Businessline, January 2024 (Link)
  • Successes and Setbacks: Sector progress during the year – published in Powerline, January 2024 (Link)
  • ESG integration for India – published in Business India Magazine, December 2023 (Link)
  • Regulated contracts in infrastructure: A risk or boon? – published in Powerline, April 2023 (Link)
  • Change in Law – Evolving Dimensions of Infrastructure Contracts – published in Powerline in April 2023 (Link)
  • Hits and Misses: Mixed response to the Electricity Amendment Bill, 2022 – Published in Powerline in December 2022 (Link)
  • Making the Energy Transition – published in Powerline in October 2022 (Link)
  • Payment Reschedule: MoP releases LPS rules to tackle discom dues – published in Powerline in July 2022 (Link)
  • India’s energy transition and power system – published by EPC World in January 2022 (Link)
  • A Mixed Year – Hits and misses of 2021 – published by Powerline in December 2021 (Link)
  • Reforming Commercial Litigation in India Through Technology – published by BW Legal World in April 2020 (Link)
  • Covid-19: Securing a safe passage for power sector through turbulence – published by ET Energy World on 26th April 2020 (Link)
  • Preserving the core of the economy – published by Financial Express on 7th April 2020 (Link)
  • Adapting to and Mitigating Climate Change through Legal-Regulatory Frameworks – published by American Bar Association’s Climate Change, Sustainable Development and Ecosystems Committee in March 2020 (Link)
  • Role of legal, regulatory framework in transition to clean energy economy – published by ET EnergyWorld in November 2019
  • India’s infrastructure conundrum: Why structural reform is the only answer – published by CNBC in September 2019
  • Indian Infrastructure – Opportunities and Risks – published in August 2019 issue (IFLR Asia Best Lawyers 2020)
  • Chapter titled “Infrastructure” in book titled “Regulation in India: Design, Capacity, Performance” in Hart Studies in Comparative Public Law – published by Bloomsbury Publishing Plc in 2019
  • Infrastructure Finance & Emerging Jurisprudence – published in IDFC Law Reporter (9th Edition – 2017)
  • Choice between the devil and the deep sea: Sanctity of contract or regulatory independence – published in ET Energy World on November 07, 2017
  • Economic Governance and the Wheels of Justice – published in annual magazine of the Indian Advocate, 2015

 

Education

  • B. Com. (Hons.), Delhi University (1985)
  • LL.B., Delhi University (1988)

 

Languages

  • English
  • Hindi
  • Punjabi

Amit has been associated with several precedent setting Infrastructure and PPP projects including incubating climate change technologies and innovation as pilots; convergence of renewable energy with conventional energy; Delhi electricity privatization; Metro Rail projects in Mumbai & Delhi; the first 3 ultra-mega power projects (each involving over US$ 3.5 billion); pilot projects for social / developmental Infrastructure et al. Such assignments have involved: –

  • Advising on constitutional, legal, policy and regulatory issues; drafting laws, delegated legislation, policies.
  • Evolving facilitative frameworks which integrate technology, finance, climate change with law in regulatory instruments and reform / restructuring strategies.
  • Transactions: Mergers & Acquisitions, investments, commercial arrangements and financing.
  • Evolving market mechanism and frameworks, regulatory regime & policies to facilitate Public-Private-Partnerships and functioning of regulated utilities.
  • Anchoring as counsel complex, precedent-setting commercial and regulatory matters before the Supreme Court, High Courts, Appellate Tribunals, Regulators (in Competition, Power, Hydrocarbons, Airports) and Arbitral Tribunals (particularly construction and project implementation disputes).

 

He has structured and conducted capacity building programs for Competition Commission of India; Ministry of Finance (for PPP); South Asia Regulators in SAFIR; visiting faculty for Executive Education programs for National Academy of Legal Studies and Research, Hyderabad, National Law School of India University (Bangalore), IIM – Bangalore.

Over past 15 years he has been a member of the National Infrastructure Council and Energy Committee of Confederation of Indian Industry and currently serve as a member of the CII National Council on Public Policy since 2019. Amit served as a member of the FICCI Power Committee and chairs the Distribution Financial Viability sub-committee. He serves on the Management Governing Council of CUTS Institute for Regulation & Competition (CIRC).

Amit is a regular speaker / faculty at International & National workshops and Programs on issues of Policy, Law, Regulation, Project Finance, reforms and private participation in Infrastructure and has published position papers and articles in established international and domestic journals.

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