Senior Legal Counsel Role

Senior Legal Counsel

Openings for the French multinational company for Senior Legal Counsel

Purpose of the Job: Provide Legal support to projects under development, under construction or in operation in India.

Reporting : The Senior Legal Counsel will report to the General Counsel - India.

Key Accountabilities:

Watch & Assess:

- Monitor regulatory, construction law and agreement trends related to the power sector in India

- Monitor trends in dispute resolution

Policies, Objectives & KPI's

- Ensure compliance with policies and procedures

- Awareness and reporting of ethical issues, if any, as they arise

- Encourage a culture of compliance with laws and integrity in the Group

Procedures, methods & sharing:

- Contribute to the development and improvement of procedures for the conduct of business development activities in India

- Contribute to the implementation and use of the document management system

- Contribute to the development and improvement of procedures for the interface and cooperation with project companies in India

Planning:

- Management of document preparation and negotiation for submission of bids and for execution of final agreements in development projects in India

- Assist in planning dates for hearings or appearances before tribunals, arbitration panels or other dispute resolution bodies related to projects in India, if any, as they arise.

Implementation:

- Take the lead on preparation of documentation for partnerships with third parties on specific development projects in India

- Manage the due diligence in acquisition process

- Organize and take charge of the negotiation and preparation of legal documents for bid submittal, including mark-ups of project/acquisition agreements and EPC Contract for a specific project

- Lead the negotiation of all partnership agreements, project/acquisition agreements, and EPC documents for projects in which the group is awarded preferred bidder status

- Participate in and assist the finance counsel in the legal support for the financing of new projects and ensuring timely completion of the related legal documents through financial close

- Prepare internal legal memos according to BD and legal line procedures

- Provide general advice on contract management and all legal matters as they arise (including regulatory and local law issues in coordination with local counsel) during the development, construction and operation phases of a project, including change orders, force majeure, owner failure, punch list, completion delays and warranty claims

- Take the lead legal role in the drafting and negotiation of long-term services and parts and repairs agreements in relation to projects under development and conclude such contracts in projects that are won in India

- Lead the drafting and negotiation of O&M agreements to ensure quality and consistency in the risk allocation of the O&M business in India

- Identify issues during the construction and operation phases of projects in India that may affect the financing of such projects and provide legal advice to project managers to assist in resolving such issues

- Provide prima facie dispute resolution advice and counsel, if any, to project companies and operation and maintenance companies whether arising under contracts with third parties or with other affiliates of the Group

- Provide advice in relation to corporate governance matters for the Indian entities, including board meetings, shareholder meetings and director appointments/resignations

- Assist the Gurgaon office generally in relation to commercial contracts

Monitor & Report:

- Assist in monitoring and reporting on non-compliance with policies or procedures, pending or threatened violations of law or ethical values of the company

Internal Interfaces:

- General Counsel - India

- Business Developers

- AIFA (Acquisitions, Investments and Financial Advisory) support for projects

- Technical Support for projects

- Project Companies

External Interfaces:

- Contractual Counterparties

- Original Equipment Manufacturers

- Off-takers

- Tendering Authorities

- Governmental and Regulatory Authorities

- Lenders to Projects

- Sponsor International and Local Counsel

- Lender International and Local Counsel

- Arbitration or Litigation Counsel

Audit & Control:

- Control the hiring, use, quality and cost of external legal counsel on projects

Qualifications:

- Masters from reputable law faculties of India

- Master/Post-Grade degree from universities in Europe, UK and/or USA is an added value.

Experience:

- 12 to 16 years legal practice

- Large law firm experience (top tier law firm) and/or large international corporate practice

Knowledge and Skills:

- Knowledge and understanding of EPC Contracts, financing documents, PPA, fuel supply and other project documents

- Knowledge in the energy sector, construction & infrastructure, project finance, M&A and general corporate law.

- Knowledge of M&A processes

- Knowledge of Indian power regulation a plus;

- Ability to provide commercially sound legal advice in respect of projects under development as well as in adversarial legal proceedings

- Negotiating skills

- Strong intellectual capacity - able to deal with complexity

- Strong interpersonal and relationship management skills - able to influence and persuade others

- Personal stature to represent the Group in contacts with counterparts

- Excellent command of written and spoken English

- Organizational skills to achieve objectives on time

- Ability to work within a team of members from varying cultural backgrounds as well as with counterparts of varying cultural backgrounds

- Ability to maintain high levels of focused drive and energy, giving above what is required to get the job done

- Professional, ethical and strong sense of integrity

- Attention to detail

Business Understanding:

- Experience in the Indian Energy Industry

- Experience in large infrastructure project development

- Experience in Project Finance is an added value.

Language:

- Fluent in English (written and spoken)

Location & Travel:
,6
- Based in Gurgaon

- Flexibility to travel within India, Dubai and Europe (if needed).

Field: Legal

Job Level:

Employee Status: Permanent

Schedule: Full time

No of positions: 1

Primary Location: Gurgaon