Energy, Infrastructure & Construction

Overview

Our energy, infrastructure & construction team has advised on some of the largest and most sophisticated projects, both in Malaysia and abroad, including those undertaken by governmental entities or in the field of public-private sector partnerships. Our experience straddles many fronts, including renewable energy, power, oil & gas, rail, water, toll roads, large integrated developments and townships, education, healthcare, airports, utilities, hotels, facilities management and theme parks.

Strength & Depth

Whilst we work closely with project developers, contractors and governmental regulatory bodies to see projects through from tender to completion, our goal is to simplify and de-mystify the process and to allow the project proponents to focus on mission critical and value accreting matters. The team is well established in the marketplace, establishing first class market leading credentials for their transactional capabilities in the projects, energy and infrastructure space.

The strength and utility of the team is demonstrated through its ability to advise on the entire project cycle, from inception, developing the attendant project agreements and concession discussions right through to financial close. We are familiar with various industry specific project documentation, including concession agreements, supply agreements, power purchase agreements, transmission and interconnection works agreements, EPCC contracts, operation and maintenance agreements and all the other ancillary agreements.

Our Market Recognition:

We are privileged and grateful for our achievements to be acknowledged and recognised as follows:

  • IFLR 1000 ranked firm, Project development: Infrastructure & Project development: Energy
  • The Legal 500 ranked firm, Projects & Energy (Tier 2)
  • Asialaw Profiles Recommended Law Firm for Infrastructure Practice
  • Chambers and Partners Asia Pacific Guide (2022), one of only nine firms in Malaysia ranked
  • Energy and Resources Law Firm of the Year 2021, Asia Legal Business Malaysia Law Awards

Our Experience:

Our team’s experience includes the following significant transactions:

Energy & Power

  • advising on the USD 2.13 billion acquisition by PTT Exploration and Production Public Company Ltd of Murphy Oil Corporation’s oil and gas assets in Malaysia, Malaysia’s largest ever upstream transaction and the largest upstream transaction in Southeast Asia in the past 5 years.
  • advising Malaysian entities on their joint venture with Aramco Overseas Holdings Coöperatief U.A., a wholly owned subsidiary of Saudi Arabian Oil Company on the Refinery and Petrochemical Integrated Development (RAPID) complex in Pengerang, Johor.
  • advising a local entity on a proposed joint venture with an international chemical company on developing and operating of a copolymer product plant and related facilities in Pengerang, Johor, and the manufacturing, selling and marketing of the product.
  • advising Malaysia’s largest, and one of South-East Asia’s largest, integrated producer of olefins and polyolefins, on its production processes and operations, including inter-company service level agreements, debottlenecking processes, shared usage of jetties and other related services.
  • advising on a long-term arrangement with a Malaysian petroleum company in respect of the sale and marketing of liquefied natural gas / natural gas (“LNG / NG”) in China and the use of an LNG / NG terminal in Shanghai.
  • advising various oil and gas companies on their oil and gas projects, including the development of new plants, storage facilities, supply arrangements, joint ventures with third parties, operation and maintenance agreements and documentation relating to upstream and downstream activities.

Oil & Gas

  • advising (in collaboration with AmInvestment Bank Berhad Malaysia) Programme Office for Power Electricity Reform (MyPower) on the reform initiatives under the Malaysia Electricity Supply Industry 2.0 (MESI 2.0) including assessing the current legislative framework and the structure and interplay between the Energy Commission, TNB as the utility, the independent power producers and the financiers, to increase competition and liberalise the electricity sector to enable IPPs to generate and sell electricity directly to third parties.
  • advising a Malaysian entity on a 300MW gas power plant in Kimanis, Sabah including negotiating the project documents with the off-taker and contractor.

    advising a Malaysian entity on a 350MW gas power plant in Connaught Bridge, Klang including preparing the EPCC Tender and negotiating the project documents with the contractor.

  • advising various independent power producers in the development of various large scale solar photovoltaic plants ranging from 30Mwac to 100Mwac, including advising on the EPCC Contract, the Power Purchase Agreement, the Operation and Maintenance Agreement, Land Lease Agreement, Shareholders’ Agreement and project financing.

  • advising various Malaysian entities in their bids to develop and construct waste to energy facilities.

  • advising on the MYR 4.2 billion divestment of the Kapar Power Station, the largest multi fuel integrated generating facility of 2420MW and the pioneering coal plant, to a special purpose vehicle, the largest transaction when launched.

  • advising a Malaysian entity on the construction of a 15MW waste heat recovery power plant for the generation and supply of electricity from the cement plant.

  • advising on the proposed civil and mechanical and electrical package with respect to the electrical energy and telecommunications from the Bakun Hydroelectric Project in Sarawak to Peninsular Malaysia by using high voltage undersea submarine power cables.

  • advising on the acquisition of an entity involved in carbon credits offset and trading through the use of solar and wind assets.

  • advising on emission reduction purchase agreements for renewable energy projects.

Utilities & Facilities

  • advising a Malaysian entity on a district cooling concession to operate, maintain and upgrade a district cooling co-generation plant and supply electricity and chilled water to Malaysia’s largest international airport.
  • advising a large European corporation on its bid for district cooling and electricity distribution concessions for a premier integrated development in a major city in South East Asia, and various other district cooling concession arrangements.
  • advising Sungai Harmoni Sdn Bhd and negotiating and inalizing the Bulk Water Supply Agreement for SSP1 with Air Selangor.
  • advising project sponsors on the construction of submarine fibre optic cables (i) between Malaysia and Singapore; and (ii) development of an ASEAN regional fibre optic hub connecting Malaysia, Singapore, Thailand and Indonesia.
  • advising an integrated submarine cable solutions provider on regulatory issues pertaining to its subsea cable laying installation and maintenance including matters relating to the Malaysian cabotage policy and strategy in governmental authority engagement.

Infrastructure – Specialised Developments

  • advising on the M+S joint venture between sovereign wealth funds in relation to the developments in Iskandar Malaysia and Marina Bay, Singapore, with a gross development value of USD10 billion, which was awarded SE Asia M&A Deal of the Year at the ALB SE Asia Law Awards 2012.
  • advising Mitsui & Co., Ltd in its joint ventures with Sime Darby Property Berhad and Nusajaya Tech Park Sdn Bhd (the master developer of Nusajaya Tech Park) to develop Built-to-Suit facilities in Bukit Bandar Raja, Klang, Selangor and Nusajaya Tech Park, Iskandar Malaysia respectively.
  • advising on the development of the Medini lease structure adopted in the Medini township in Nusajaya, Iskandar Malaysia, involving master development work including master plan concept and business plans.

Infrastructure – Rail

  • advising on a large cross border rail project between Malaysia and a neighbouring country.
  • advising the Project Delivery Partner on the Klang Valley MRT Project.
  • advising a foreign joint venture on the Ipoh – Rawang Double Track Rail electrification project for the Electric Train Service.
  • advising the development of the Express Rail Link, the high-speed rail link between the Kuala Lumpur Sentral Station and Kuala Lumpur International Airport, on a BOT basis.

Infrastructure – Education

  • advising on the establishment of Marlborough College Malaysia.

  • advising on the development of Raffles University Iskandar in EduCity, Iskandar Malaysia.

  • advising on the development of Raffles American School.

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