Engineers India Limited (EIL), an engineering and technical service company is planning to raise about approx. Rs. 1,200 crore ($266 million) by way of a follow on issue, valuing the company at a whopping Rs. 12,000 crore ($2.6 billion). Government owns 90.40 per cent stake in EIL and it is under the administrative control of Ministry of Petroleum and Natural Gas.
The law firm that will advise EIL on the proposed offering will be selected through a bidding process. Leading firms such as Luthra & Luthra, Amarchand & Mangaldas, S&R Associates, Axon Partners LLP, Link Legal and Crawford Bayley will be fighting for the advisory position. It is understood that each law firm, beginning with Link Legal will get a 30-minute window to make their pitch to the Government which will commence this morning. The Government has adopted a strategy of choosing legal advisors and investment banks by a bidding process, where major law firms and banks bid to advise the Government. This trend was noticed last year for the offerings by National Mineral Development Corporation (NDMC) and SJVN Limited (SJVN) and has continued with the recent appointment of advisors on the Coal India IPO, where the Government of India is set to rake Rs. 40,000 crore ($8.8 billion).
Bar and Bench, had reported when the London branch of France-headquartered, Gide Loyrette Nouel LLP, along with Crawford Bayley & Co. had advised the Government on the stake sale by NMDC. FoxMandal Little were appointed the legal advisors to the Government in the SJVN divestment, along with their international consortium partners, K&L Gates LLP. Government had appointed these law firms through a similar bidding process.
Prior to the introduction of the bidding mechanism for appointment of legal advisors, Amarchand had bagged the role of the legal advisor to the Government on most offerings including NHPC, NTPC, Powergrid and Oil India. Surprisingly, FoxMandal Little, Khaitan and Co., who have previously bid for Government disinvestment process, are not in the race for EIL.
It is well known in the legal circles that just like the investment banks, law firms look at the Government disinvestment deals as high profile but fee compromising transactions. As more often than not, the legal fee on such deals is very less as compared to equivalent private transactions.
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- 1. "I hear that Luthra is the front runner on this. ". Vishnu, Mumbai
- 2. "This might amount to soliciting under the Advocates Act, which Advocates are not permitted to indulge in.". Hormasji, Delhi
- 3. "How can Luthra be a front runner when the bidding process is starting today. Either you dont understand the meaning of bidding or you may be insider in the Finance Ministry who is doing match fixing and predicting the outcome. Wait till you hear the final results and lets see if Luthra was in or out". @ Vishnu Mumbai, Delhi
- 4. "These Government deals do sound big but reality is they hardly pay anything. Merchant bankers are working on 1 ruppee but will make money through ways. Law firms are taking as low as 10 lakh for these government ipo's. All are just trying get big name. May be AZB don't want to waste time on this. views??". Legal Guy, Mumbai
- 5. "I agree.. AZB has realized that doing lame capital markets work will only stress their associates and ruin their lives. Not only capital markets team are small, they even have huge attrition rates. Most guys who have worked in capital markets dont have a life. AZB has realized this and therefore tapping premium M ". Bond, Bangalore
- 6. "I dont think bidding for government work can be constituted as soliciting as the government is inviting these firms. I dont know whether similar bidding process by private companies may mean soliciting. ". @hormasji, Delhi
- 7. "Re: SolicitingI dont think there is a difference between who the client is... the Government or a private party... In fact some time ago, in an unrelated incident ,the Govt. had invited lawyers to send applications to get themselves on the panel of Govt for litigation in the HC and SC.... some senior members of the bar had strongly objected to this... nonetheless that practice as far as i am aware continues even today.". Hormasji, Delhi
- 8. "I understand that AZB was in the race, but did not get shortlisted. I am not sure if any firm is thinking whether their associates are stressed out. All they are thinking is money and reputation.". @Bond, Bangalore, Mumbai
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










