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Defence and Homeland Security

The Practice

Our defence practice advises stakeholders in the entire value chain engaged in a defence procurement programme. These include Original Equipment Manufacturers (OEMs) participating as prime bidders, tier I OEM contractors and their sub-contractors, Indian consortium partners, and offset partners.

Execution

We advise our clients on the bidding process, where a company may be part of multiple bids for the same tender. We evaluate whether the bidder would be able to claim offset advantages, the implications of internal restructuring, advise on shareholding structures, arrangements and permissible foreign investments, drafting commercial arrangements, confidentiality agreements, technology transfer agreements, cooperation and joint bidding agreements, joint venture agreements and shareholder agreements, examination of penal consequences of failure, issues pertaining to transfer of title of material,  goods and equipment supplied to the Ministry of Defence, and evaluating transfer of technology provisions to protect intellectual property.

The Khaitan Advantage

Our partners specialise in public procurement, corporate and commercial laws, dispute resolution, taxation laws, etc. This division is supported by the intellectual property practice to ensure that our advice is all encompassing from a legal perspective. We handhold the clients from the inception of the transaction to its closure. We also advise them on regulatory, commercial, contractual and taxation issues pertaining to this sector.

“Khaitan & Co has impressive expertise across a number of practice areas. Its corporate M&A practice in particular received a lot of compliments, as one client says: “The team has deep knowledge and provides strong support in providing solutions.”

IFLR 1000, 2017

Key Contacts

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Key Deals

Notable Transactions

Regularly advise Original Equipment Manufacturers (OEMs) as prime bidders, Tier I suppliers and niche technology companies across a variety of issues with respect to Indian defence procurement programs.

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Airbus Helicopter

Advised on various commercial, contractual and regulatory issues.

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Lockheed Martin

Advised on various Indian regulatory issues.

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Rolls Royce PLC

Advised on issues under Indian competition law with respect to participation in an RFI issued by the Ministry of Defence.

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Griffon Hoverwork

Advised on bidding process on tender issued by the Ministry of Defence for acquisition of hovercrafts.

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Forges de Zeebrugge

Advised in relation to transfer of title in goods in contracts with the Ministry of Defence under the Defence Procurement Procedure, 2013.

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Renesco India

Advised in relation to regulatory issues with respect to procurements by the Defence Research & Development Organization.

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Diehl BGT Defence Gmbh & Co

Advised in relation to appointment of agents for participating in defence contracts in India.

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Pilatus Aircraft S.A.

Advised on the Indian defence procurement regime, including offsets, licensing of technology and employment laws.

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