Not easily at present. Electricity in Bangladesh is largely bought and sold through state utilities, with BPDB as the single buyer for most grid-connected generation, and a general framework allowing corporate buyers to purchase renewable power from a distant generator over the public grid has not been fully established. Factories can, however, use rooftop or on-site solar, third-party owned systems and certificate purchases. We monitor regulatory developments closely and design contracts with review clauses so that a factory can move to a direct power purchase arrangement if wheeling rules are introduced. Interim options can still deliver real benefits.

Key points include the tariff and any indexation, the currency of payment and exchange rate risk, take or pay or deemed energy protection if the grid cannot accept output, payment security such as letters of credit or guarantees, change in law protection, force majeure, termination events and compensation, and the dispute resolution forum. Lenders will also look at assignment and step-in rights. Recent reviews of earlier contracts mean that the power purchase terms should be tested against realistic scenarios, including payment delays and changes in government policy, before financial close. Lenders will insist on this analysis.

A developer installs and owns the system on the factory roof and sells electricity to the factory under a long-term supply agreement, or leases the equipment to the factory for a fixed payment. The factory avoids capital cost, while the developer takes on performance and maintenance. The legal points include the roof lease or licence, structural and fire safety responsibility, building approvals, metering, insurance, price adjustment, early termination and what happens on sale of the factory. Lender consents may also be needed where the building or equipment is mortgaged or hypothecated. Each power purchase term should match the roof lease.

An energy attribute certificate represents the environmental attributes of one unit of renewable electricity, commonly one megawatt hour. Buyers retire certificates to support a claim that their consumption is matched with renewable generation. International schemes such as the I-REC Standard issue certificates for generation in many countries, and Bangladeshi exporters use them to support reporting to brands. Their value depends on the registry rules, the reporting standard the buyer follows and accurate retirement records. We review purchase contracts so customer claims are supported by evidence. Keep registry statements and retirement confirmations for as long as brands may verify them.

Yes. A bundled agreement transfers both electricity and the associated certificates from the same generator, which many buyers and reporting standards treat as stronger evidence of renewable sourcing. Where physical supply is not possible, an unbundled certificate purchase agreement can stand alone. Bundled contracts must deal with metering, issuance timing, who registers the generator, delivery shortfalls and replacement certificates. In Bangladesh, the practical scope for bundling depends on the supply model, so we usually start by confirming what physical power purchase route is available before drafting the attribute terms. The price of electricity and certificates should be stated separately.

Cross-border supply typically involves agreements between generators, transmission operators and state buyers in more than one country, each requiring its own government approvals. Issues include transmission access and charges, scheduling and losses, payment currency and security, sovereign immunity, force majeure caused by events in another country, change in law in each jurisdiction and the choice of a neutral arbitration seat. Ownership of renewable attributes must also be agreed, so that both the exporting and importing countries do not count the same green power towards their targets. Each country's power purchase approvals should be mapped at the start of negotiations.

Yes, increasingly. International brands and their regulators in export markets are tightening rules on environmental claims, and suppliers can be asked to provide evidence of renewable sourcing under contractual audit rights. An overstated claim may breach supply contracts, codes of conduct or customer sustainability requirements, and can damage relationships with buyers. We help exporters audit their renewable claims against power purchase contracts, metering data and certificate retirements, and adjust public statements and buyer submissions so they are accurate, consistent and defensible. Accuracy now protects future orders. Each claim should be traceable to a specific power purchase contract or certificate.

Most large power agreements in Bangladesh provide for arbitration, either under the Arbitration Act 2001 with a Bangladeshi seat or before an international institution such as the ICC, LCIA or SIAC with a foreign seat. Technical disputes about metering or availability may go first to an expert. Certificate contracts often choose English or Singapore law. Enforcement against state entities raises additional issues of immunity and assets. We advise on dispute clauses at the drafting stage and represent clients in negotiations and arbitrations when disputes arise, working with our disputes team. Good drafting reduces the risk of costly delays.