Presentations

Opening or Closing Gates? Market Access in Global Infrastructure Construction: Between Openness and Strategic Protection

Is construction truly a global business? To what extent does the current geopolitical landscape shape market access policies in the infrastructure sector? And what are the prospects for international construction companies aiming to participate in large-scale infrastructure and energy projects?
This session aims to explore how national and international frameworks regulate – and increasingly reshape – access to construction markets. Particular attention will be given to major construction economies such as India, China, other key Asian markets, the United States, and Europe. The session will address the evolving balance between openness and strategic protection in publicly driven infrastructure development, focusing on the following key issues:

  • International trade agreements regulating market access for construction companies, with particular emphasis on the WTO Government Procurement Agreement (GPA) and its scope of coverage;
  • Domestic legal frameworks and policies that influence access to national infrastructure markets;
  • Emerging restrictions and protectionist policies affecting foreign participation in public construction projects;
  • Local content requirements, including both direct and indirect legal instruments designed to protect domestic construction companies;
  • Impact on supply chains in the construction sector, particularly how protective policies affect subcontractors, suppliers, and cross-border cooperation;
  • Competition law considerations, including the implications of restricted market access on fair competition and market dynamics;
  • Security as an increasingly growing factor in energy and infrastructure projects.

Presenters

Mirella Lechna-Marchewka

Mirella Lechna-Marchewka

Attorney-at-law, Managing Partner, Wardynski I Wspolnicy Sp.k.

Warszawa

Mirella Lechna-Marchewka is an attorney at law and managing partner at Wardyński & Partners.

She graduated in law from the Adam Mickiewicz University in Poznań, completed a postgraduate course on the Washington CITES Convention, and postgraduate studies in environmental protection. After completing a Master of Law degree in Public Procurement Law, in 2019 she started a PhD at the Faculty of Law at the University of Nottingham.

Most of her professional career has involved work in the public procurement field, such as: developing public infrastructure, in particular transport infrastructure, implementation of construction contracts, energy, defence, public-private partnerships, environmental protection and waste management. She also coordinates the firm’s Korean Desk and Chinese Desk.

Mirella is a co-chair of the International Construction Projects committee of the Inter-Pacific Bar Association, a member of the Council of the PPP Centre Foundation, and a founding member as well as a board member of the Public Procurement Law Association.

Katarzyna Kuźma

Katarzyna Kuzma

Partner, Domanski Zakrzewski Palinka – DZP

Warsaw

Katarzyna has extensive experience in advising private and public entities that carry on business in various industries and sectors of the economy (including the energy, construction and engineering services, environmental protection, pharmaceutical, and defence and security sectors). She also advises on projects implemented using partnership structures in the broad sense of the term (PPP, concessions). The advice she provides covers all stages of procurement procedures and performance of public procurement contracts, including representing clients in disputes before the National Appeal Chamber and common courts, as well as inspection procedures and so-called financial corrections procedures. She advises on competition law in public procurement, with a particular focus on collusive tendering.

Shweta Bharti

Shweta Bharti

Managing Partner, Hammurabi and Solomon Partners

New Delhi

Shweta Bharti is the Managing Partner at Hammurabi & Solomon Partners and a distinguished legal practitioner in the Construction and Infrastructure sector, with over 25 years of experience encompassing complex litigation, arbitration, and strategic advisory. She is widely recognised as a trusted legal advisor to developers, contractors, infrastructure companies, financial institutions, and public sector bodies on high-value construction and real estate disputes, as well as advisory and regulatory mandates.

Her practice is deeply rooted in construction arbitration and dispute resolution, including matters arising out of EPC and item-rate contracts, delay and disruption claims, cost escalation, termination disputes, variation claims, and enforcement of arbitral awards. She has represented clients before the Supreme Court of India, all High Courts across India, and specialised forums including the National Company Law Tribunals and Appellate Tribunals, the Competition Commission of India, and TDSAT. Internationally, she has acted in arbitrations administered under the rules of leading institutions such as the ICC, SIAC, and LCIA.

Shweta brings extensive experience in real estate, land acquisition, and infrastructure development laws, making her a go-to advisor across the construction value chain. Her advisory practice covers large-scale real estate and infrastructure transactions, commercial leasing, REIT structuring, regulatory compliance under RERA, and disputes involving development authorities, municipal bodies, and urban planning agencies. Her strong command over zoning regulations, environmental clearances, municipal laws, and land-use norms enables her to deliver comprehensive legal strategies spanning project conception, execution, and dispute resolution.

In addition to her practice, Shweta is a published author whose work is widely referenced by legal professionals, scholars, and practitioners. She is the author of the two-volume compendium Insolvency and Bankruptcy Code, 2016 with Rules, Regulations & Guidelines and Jurisprudence, which integrates statutory provisions with extensive jurisprudence from the Supreme Court, High Courts, NCLAT, and NCLT, offering a practical and authoritative resource for legal research and practice. Her thought leadership further includes industry reports and numerous articles on dispute resolution, arbitration, and infrastructure law.

Shweta has received widespread recognition from leading legal publications and ranking agencies for her work across construction, dispute resolution, and commercial law. Her notable recognitions include:

  • Benchmark Litigation Asia Pacific 2025 – Litigation Star – Commercial & Transaction
  • IBLJ A-List 2026 – Recognized for Arbitration & ADR, Corporate & Commercial, Litigation, and Restructuring & Insolvency
  • Legal500 Asia Pacific 2025 – Recommended Lawyer for Commercial Corporate and M&A (NCR), Dispute Resolution (NCR), Real Estate and Construction (NCR), Corporate and M&A, Real Estate and Construction
  • IFLR1000 Asia-Pacific 2024-25 – Highly Regarded for Banking, Restructuring and Insolvency
  • Asialaw Rankings 2024-25 – Distinguished Practitioner for Dispute Resolution
  • India Business Law Journal (IBLJ) 2024 & 2023 – India’s Top A-List Lawyer
  • BW Global Legal Summit and Legal Leader Awards 2023-24 – Women Lawyer of the Year
  • Asialaw Rankings 2023 – Notable Practitioner for Dispute Resolution
  • LegalEra Rankings 2023 – Leading Lawyers Ranking for Dispute Resolution Arbitration & Litigation
  • IFLR1000 Asia-Pacific 2023 – Notable Practitioner for Banking, Restructuring and Insolvency
  • ALB Women in Law Awards 2023 – Private Practitioner of the Year, India and Middle East (finalist)
  • Legal500 Asia Pacific 2023 – “Recommended Lawyer 2023” for Labour & Employment and Corporate & M&A in India and Commercial, Corporate & M&A in Delhi NCR
Anna Weinberger

Anna Weinberger

Associate, Taft Law

Chicago

Anna is an associate in the Construction Group in Taft’s Chicago office, where she provides strategic legal counsel to clients involved in construction and energy projects worldwide. She represents owners, developers, contractors, subcontractors, and design professionals in both public and private sectors. Her work includes contract drafting and negotiation, risk assessment, and dispute resolution involving breach of contract, design and construction defects, delays, acceleration, disruption, cost escalation, loss of productivity, MBE compliance and mechanics liens. Anna has experience resolving disputes through negotiation, mediation, litigation and arbitration, including proceedings under AAA, ICC, ICDR, JAMS, LCIA, and HKIAC rules.

As a member of Taft’s French Practice Group, Anna also supports French companies doing business in North America. As a French national and native speaker, her deep understanding of both legal systems and business cultures allows her to provide tailored, bilingual support to clients navigating cross-border transactions and disputes.

Before joining the firm, Anna worked at leading construction law firms and energy companies across Paris, Hong Kong, Ho-Chi-Minh City, Washington D.C., New York and Chicago. She earned her LL.M. from Georgetown University, a Bachelor of Laws from Université Paris II Panthéon-Assas, and a Master’s Degree in International Arbitration and Business Law from Université de Versailles Saint-Quentin-en-Yvelines, in France. Before law school, Anna spent six years competing internationally as a member of the French National Figure Skating Team

Jeremy Iloulian

Jeremy Iloulian

Counsel, Crowell & Moring Llp

Chicago

Jeremy Iloulian, Counsel at Crowell & Moring LLP Recognized as a “Rising Star” in International Trade by Super Lawyers, Jeremy Iloulian advises clients globally on complex cross-border regulatory, compliance, investigative, and transactional matters and policy developments that touch U.S. national security and international trade. He focuses on U.S. export controls (Export Administration Regulations [EAR] and International Traffic in Arms Regulations [ITAR]), economic sanctions, supply chain security (ICTS/Connected Vehicle), anti-boycott laws, foreign investment (CFIUS and outbound investment), and various government contract national security restrictions associated with supply chains (Chinese military company analyses) and fundamental research (NSPM-33, foreign talent programs).

Jeremy has extensive experience counseling U.S. and non-U.S. clients, including public and private companies, private equity sponsors, and nonprofits spanning a multitude of industries. He provides strategic guidance on managing risks for dealings in high-risk jurisdictions such as Belarus, Cuba, China, Iran, Myanmar (Burma), North Korea, Russia, Ukraine, Venezuela, Syria, and more generally throughout the Middle East, Southeast/South Asia, and Africa.

He regularly advocates on behalf of such clients before the Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), Office of Foreign Assets Control (OFAC), U.S. Department of Justice National Security Division (DOJ NSD), Department of Defense (DOD), Bureau of Economic Affairs (BEA), Census Bureau, Department of Energy (DOE), and Nuclear Regulatory Commission (NRC). Jeremy supports clients in obtaining licenses and advisory opinions, submitting voluntary self-disclosures, and responding to subpoena requests. Jeremy also has supported over 350 mergers, acquisitions, and minority investments by conducting national security, international trade, and bribery and corruption (FCPA) diligence and issuing guidance on credit financing mechanisms.

Ashish Suman

Ashish Suman

Partner, JSA Advocates & Solicitors

Ashish practices primarily in the Infrastructure sector. He has a broad legal background of more than 22 years of post-qualification experience in Infrastructure Sector where he is advising on the entire value chain of Project Development (Green Field and Brown Field), Construction & Engineering, PMC and Merger & Acquisitions with focus towards Roads & Highways, Aviation, Oil & Gas companies, Airport Concessionaire/ Airport developers, Road Projects, Solar & Wind Power Projects on tendering issues, contract structuring, transfer of Participating Interest, Foreign Direct Investment and General Corporate Commercial, etc. He has extensively worked on projects relating to domestic and international acquisitions, PPA’s, EPC & Operation and Maintenance Contracts & Joint Ventures in Power sector, including Renewable Energy.

He has provided legal advice and services to both private sector as well as public sector entities, both domestic and international on a wide range of practice areas including General Corporate & Commercial, Foreign Direct Investment, Joint Ventures and Infrastructure Projects. In infrastructure sector he has dealt extensively on issues relating to EPC Contracts-FIDIC, NEC bases Contracts, DBFOT, BOT (Toll/Annuity), BOOT Projects carried out on a PPP basis and has also drafted various model Concession Agreements including EPCM Agreement for World Bank, Hybrid Annuity, Expressway Concession Agreement and Engineering & Procurement Contracts. Ashish also advises on risk analysis and providing mitigation strategies. He has extensively worked on projects relating to domestic and international expressways, road, building & construction, rail and power.

In the general corporate law space and M&A transactions, he has led the team of lawyers representing various multinational businesses, state-owned entities, private equity firms, and venture capital firms, particularly in the Infrastructure, Heavy engineering, R&D, Automotive, Construction & Engineering and has been involved in transaction involving more than USD 3-4 Billion of FDI in India in the last 4-5 years. His work assignments have related to the drafting of share sale and purchase agreements, joint venture agreements, shareholders agreements, and associated transaction documents and rending strategic advice to his clients – domestic and foreign.

Ramesh K. Vaidyanathan

Ramesh Vaidyanathan

Senior Partner, Btg Advaya

Mumbai

Ramesh is the co-managing partner of BTG Advaya and a senior corporate lawyer with extensive experience in corporate governance, M&A, JV, and complex contracting. While he works with clients across sectors, he is especially known for his expertise in projects and infrastructure, and aviation sectors.

He regularly advises companies, boards, and senior management on corporate governance, regulatory compliance, and ethics, including anti-bribery and anticorruption frameworks, codes of conduct, and internal controls, particularly in regulated and complex operating environments.

Before co-founding BTG Advaya, Ramesh was the Founder and Managing Partner of Advaya Legal, established in Mumbai in 2010. He began his career in Delhi in 1997 and later set up and led the Mumbai office of a leading Indian law firm as Resident Partner until 2006, advising domestic and international clients on India entry, transactions, regulatory approvals, employment, and governance matters.

In 2006, he moved in-house as General Counsel to the Mumbai International Airport development and modernisation project following its privatisation, and also served as Group Counsel to the GVK Group, advising across power, oil and gas, ports, roads, hospitality, mining, and other infrastructure businesses.

Ramesh is a regular speaker at national and international forums, has taught Indian law modules at Michigan State University (USA), delivered visiting lectures at Seikei Law School, Tokyo, and is the Founder Director of BTG Advaya Charitable Foundation.