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Our Major
Projects: Energy, Mining & Infrastructure
Practice Group focuses
mainly on the energy sector, including upstream
resource projects, downstream petrochemical projects,
power projects and electricity work. The Group also
works in the transportation and construction sectors.
For cross border transactions, the Group co-ordinates
and utilizes the relevant local office of Baker
& McKenzie to provide the client with all necessary
advice on local laws, taking into account the client's
needs in Japan.
For inbound and domestic transactions, the Group's
experienced project lawyers (bengoshi) advise
on Japanese laws, together with foreign qualified
lawyers who prepare documentation where foreign
investors are involved.
The Group has extensive experience in the following
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The Group has represented
developers, investors, and lenders in mergers
and acquisitions of publicly listed and private
companies. Many of these transactions involve
multiple jurisdictions. The Group's work includes
due diligence, risk analysis, transaction
and project structuring, including the location
and form of investment vehicle, the negotiation
and drafting of documentation, assistance
in completion and post-acquisition integration.
The Group has also acted on several asset
acquisitions involving unincorporated joint
ventures.
Recent examples include:
- Assisting a Japanese
consortium to acquire an interest in a
publicly listed company in Canada also
having assets in the United States, Australia,
Kazakhstan and South Africa;
- Advising two Japanese
electric utilities. in their purchase
of a power company holding a portfolio
of power plants in China;
- Advising a Japanese
company to acquire an equity interest
in a liquefied natural gas project in
Australia, which is described as the largest
resources project in Australian history;
and
- Assisting a Japanese
company to acquire an interest in a food
conglomerate, which is one of the largest
food manufacturing and distribution businesses
in China and Taiwan, and which consists
of over 200 subsidiaries.
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The Group is experienced in the negotiation and preparation of loan,
security, and inter-creditor documentation and associated legal
opinions.
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The Group's project finance work has included:
- Acting for the lenders in the financing of a petrochemical plant in Thailand and an aluminum project in Australia.
- Acting for the Japanese investor/limited recourse lender for the refinancing of an open-cut coal mining project in Australia.
- Acting for the Japanese sponsor in power projects in Thailand.
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Together with the Finance and Securities Group, the Group has also worked
on more than twenty-five PFI projects in Japan (deals ranging in value from US$5
million to US$50 million).
Examples of PFI projects include a waste
incinerator, an art gallery, a public swimming pool,
a wind power generator, a measurement center, a
modern museum, an aquarium, a city school and a
city library. Apart from acting for the 90 sponsors
and lenders, the Group has also advised a number
of city councils and local and national government organizations
concerning PFI options, bids, and guidelines for
various projects.
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The Group also has experience in the negotiation and preparation of power sale contracts,
tolling contracts, O&M agreements, fuel procurement &
transportation contracts and EPC contracts, applications
for licenses & permits and the structuring of multiple party
joint ventures.
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Our lawyers have over twenty years of experience
in advising clients in relation to project
development. The Group has been involved in
the following transactions.
- Advising on fuel supply contracts.
- Acting for a Japanese consortium as the operator in a coal-fired power plant in Thailand.
- Advising a Japanese supplier on its EPC contracts for a Malaysian power plant and a gas cleaning plant in Australia.
- Advising a Japanese consultant regarding services/equipment supply for two IPP Projects in the Philippines and 2 power projects in Malaysia.
- Acting for sponsors in negotiating power purchase agreements for an SPP in Thailand and a tolling agreement in the United States.
- Advising foreign investors concerning their investments in a gas pipeline project in Russia/Japan and several IPP projects in Japan.
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The Group has also worked on the structuring and
documentation for numerous mining joint ventures
in Australia, Indonesia, Chile, the Philippines,
South Africa, Canada and the United States including
joint venture agreements, tolling agreements, off-take
agreements, rail haulage agreements, and port user
agreements. |
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The Group advises on the regulatory framework of the power sector in Japan and the United States and its
experience covers power market applications, advising on
licensing agreements and regulatory procedures and power sale agreements.
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The Group has advised on the Kyoto Protocol and related climate change issues.
Its experience in this field includes negotiating and documenting a numerous project development, financing and emission credit purchase and sale transactions, and a forestry/carbon
credit investment for a Japanese investor in Australia.
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The Group also regularly advises sponsors, engineers and suppliers on engineering and construction contracts including EPCs:
Recent examples include:
- Advising client on an EPC contract for a greenfield captive power plant located in Vietnam.
- Acting for client in connection with the negotiation of a EPC contract (with offshore and onshore components) for a world-scale solar power plant located in Thailand.
- Advising client on an EPC contract for a Malaysian power plant.
- Advising on various EPC contracts for various electricity generation facilities located in Australia.
- Advising client on an EPC contract for a gas cleaning plant in Australia.
- Advising client on construction and permitting for gas offloading terminal facilities in Japan.
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The Group is led by Paul Davis and Anne Hung. Together with the
Finance and Securities Group, we have more than fifteen Japanese lawyers
(bengoshi) and foreign qualified lawyers working on project/project
financing transactions.
The Group is also part of the Global Energy, Chemicals, Mining & Infrastructure Group of Baker
& McKenzie, enabling it to draw on the resources developed by
the firm in relation to project work.
The Group works closely with its counterparts in the ASIA PACIFIC other B&M
offices including Bangkok, Jakarta, Singapore, Kuala Lumpur, Taipei, Sydney
and Manila. B&M also has strong capability in the European, Middle East, North American, Latin American and Central Asian regions. |
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 Partners/Counsels (Alphabetical order
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| Associates (Alphabetical order)
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