Bhalindra Bath is an expert at MBC on renewable energy matters such as solar, energy from waste, biomass, and anaerobic digestion. He has experience working with technology providers and providing legal support throughout the development, permitting, financing, construction, and operation of clean energy projects. Bhalindra will assist clients on matters ranging from initial agreements through the lifetime of the project, including disputes.
1. MBC ENERGY FROM REFUSE
DERIVED (“RDF”) WASTE, WASTE TO
FUEL, BIOMASS, & ANAEROBIC
DIGESTION
Bhalindra Bath works on all renewable energy matters at MBC and has worked on solar projects since
2012; and since 2010 in energy from waste in civil and common law jurisdictions.
Bhalindra worked as in-house counsel to a Norwegian/British global EfW technology solution provider
during inception through delivery to its success phase.
Bhalindra is the main MBC lawyer for waste to energy (electricity and heat), waste to fuel,
biofuel/biomass, anaerobic digestion matters, and all other clean energy asset matters and will work on
such matters from cradle to grave, i.e. on
- Exclusivity agreements, letters of intent, heads of term stage with a landowner to install a plant on their
land;
- Support during permitting phase – due diligence & “in-house counsel”-type legal support during
development phase of studies/planning/site leasing/public consultations/general deal structuring advice;
- Confidentiality agreements, letters of intent, preliminary and full due diligence with equity investors,
funds, PE houses, and other forms of purchaser of developing/built plants;
- Co-development agreements (including joint venture agreements and shareholder agreements for
consortiums setting up a project-SPV);
- Financing (DCM, ECM, structured finance support in firm and/or with US partners depending on scale
and geography).
- Due diligence report (based on SPV that will be the plant-owning vehicle (and named as tenant on the
relevant lease), review of connection arrangements, power purchase agreement (PPA), insurance, main
kit agreements, planning, and RoT/CoT);
- Sale agreement (share sale agreement or asset sale agreement) if SPV generator-co is to be sold in a
private project;
- Project Agreement or Concession Contracts (with related tender/procurement support and advice);
- Engineering, procurement and construction (“EPC”) agreement;
- Fuel Supply Contracts (review of client-supplied contracts, and negotiation/advice on the same);
- Plant Supply Agreement (“PSA” or “Plant Supply Contract”/ “PSC”);
- Operation and maintenance (“O&M”) agreement;
- Offtake and subsidy agreements, including subsidy arrangements (PPAs);
2. - Connection documents (distributed network operator (DNO) connection offer and agreement);
- EPCM agreement (EPC management agreement for employer’s agent);
- EPC-/O&M-sub-contracts/civil works agreements/collateral warranties/consultant appointments/supply
of services and goods agreements/framework agreements with large kit suppliers (e.g. turbines) (all, if
so instructed on a relevant transaction);
- Dispute resolution (negotiation through to MBC-Disputes-Team running from mediation to
litigation/arbitration/adjudication);
- Defect-rectification measures/user guides (on-going project lifecycle advice); and,
- Planning appeals (MBC planning team/MBC-Disputes-Team, who have judicial review experience at
High Court).