Energy in Asia June

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    energy in

    asiaAn overview of our practice

    The need for investment in energy and related

    infrastructure in Asia remains strong. Asias largest

    developing economies such as the Peoples Republic

    of China and India have ambitious plans to develop

    domestic energy resources and related infrastructure,

    whilst in other Asian countries there is a resurgence

    of new and expanded energy infrastructure to meet

    growing demand.

    Through our wide network of ofces in Asia Pacic,

    DLA Pipers Energy and Infrastructure Group

    offers clients access to experienced practitioners

    skilled in advising on complex energy and

    infrastructure projects.

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    How we can Help

    We bring together multi-disciplinary

    teams of lawyers who offer project

    nance, construction, commercial and

    contentious expertise. We advisegovernments, private sector sponsors,

    contractors, equipment suppliers,

    export credit agencies, multilaterals

    and commercial lenders on energy

    transactions relating to:

    Negotiating and drafting project and

    nance documentation

    Structuring development and

    investment joint ventures

    Real estate, planning and

    environmental issues associated

    with the construction, operation

    and acquisition of major energy

    facilities

    Legal and regulatory issues arising

    from the ongoing operation of

    energy infrastructure assets

    Post asset commissioning

    issues (such as Operations and

    Maintenance, Safety, Health

    and Environment)

    Dispute resolution issues arising

    from such projects

    Advice on carbon trading and

    acquisition/disposition

    of carbon credits

    Understanding energy

    Our lawyers have worked along the

    entire energy value chain from

    upstream oil and gas through to

    electricity generation and retail.

    Our clients therefore have access to

    lawyers with both industry knowledge

    and legal, regulatory and commercial

    understanding of energy projects who

    are able to contribute effectively at all

    stages of the project development

    cycle from consortium formation,

    joint bidding arrangements through

    to project nancing and construction.

    As a global rm with an international

    focus, we can help clients to structure

    transactions in any internationally

    accepted choice of law.

    We have advised on a vast range of

    energy related infrastructure projects

    including:

    Oil and gas

    LNG

    Pipelines

    Power generation

    Transmission and distribution

    In addition to advising clients on energy

    infrastructure development, we have

    also advised on regulatory issues

    relating to energy in such areas as:

    Privatisation

    Climate change

    Emissions trading

    renewable energy and

    climate cHange

    Our lawyers in Asia advise on the

    development, construction and

    nancing of renewable energy plants

    such as biomass, small hydro,

    geothermal and wind projects.

    We have also advised on waste toenergy projects. Together with our UK

    and European ofces, we offer clients

    a global solution to Climate Change

    challenges and assist clients in

    structuring Clean Development

    Mechanism credits under the Kyoto

    Protocol from non Annex 1 countries

    in Asia.

    In addition to renewable energy

    projects, our lawyers also advise on

    other carbon sequestration projectsacross Asia.

    Recognising the cost disadvantage

    typically associated with developing

    small renewable energy power plants,

    we have helped clients evolve

    innovative project structures that enable

    such projects to be commercialised

    such as the aggregation of smaller

    projects into a single larger transaction

    as well as offering fee arrangements

    which recognise the upfront risks ofsuch projects.

    oUr expertise

    Oil and Gas

    Advising a major Japanese

    power company with regard to aseries of LNG sale and purchase

    agreements

    Representing HSBC Bank USA,

    National Association as Trustee in

    connection with the US$310 million

    nancing and development of gas

    eld facilities by the Indonesian

    State Oil and Gas Company

    (Pertamina) to exploit and process

    reserves in south Sumatra,

    IndonesiaAdvising a Japanese energy

    company with regard to the

    nance documentation for the

    $3.6 billion Baku-Tbilisi-Ceyhan

    oil pipeline project in the Caspian

    Advising an energy company with

    regard to due diligence and other

    issues for a possible acquisition of

    LNG assets in the Asia-Pacic region

    Advising a Japanese client on

    various aspects of the planned

    Central Asia Gas Pipeline Project

    (Turkmenistan-Afghanistan-

    Pakistan)

    Advising the largest liquid

    terminal operator in the world

    in relation to its investment

    (JV establishment), nancing,

    construction (EPC contracts) and

    long-term operational contracts

    in respect of gas, oil and chemical

    port terminals

    Advising a consortium consisting

    of Petronas, LG, Conoco and

    PetroVietnam in a detailed

    feasibility study for the development

    of the Dung Quat renery

    Representing JBIC and senior

    lenders in the ground-breaking

    US3.5 billion advance payment

    structural nancing of the

    ANACO and Western EnergyDevelopment projects in

    Venezuela

    Energy in Asia

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    Representing the senior lenders in

    the project nancing of a lube oil

    facility in Indonesia

    Advising the bidder for the

    purchase from Pearl Energy ofpetroleum concessions in Thailand,

    Indonesia and Philippines,

    involving review and due diligence

    on the companys oil and gas

    production sharing agreements

    Representing Japan Bank for

    International Cooperation (JBIC)

    in the Sakhalin II LNG project

    Power

    Advising Central Trading and

    Development Corporation on

    amendments to an existing

    Power Purchase Agreement with

    Electricity of Vietnam in connection

    with the proposed conversion of its

    650MW BOT power plant at Hiep

    Phuoc to gas power

    Representing a Japanese trading

    company as EPC contractor for

    a 350MW gas red power project

    in Malaysia

    Representing JBIC and other

    senior lenders in the Merida

    III power project, the rst IPP

    project nancing in Mexico and

    in subsequent projects including

    Tuxpan II, Altamira II and most

    recently Valladolid III

    Advising a Japanese utility in

    relation to its investment in a

    175MW geothermal power project

    in Indonesia

    Advising a Japanese lender in

    relation to a 210MW coal red

    power plant in the Philippines

    Advising Vietnams Ministry of

    Industry on IPP, including the

    largest Vietnamese power BOT

    to date

    Representing a major Japanese

    utility in relation to its bid for the

    1800MW KIECO independent

    power project in Korea

    Acting as common lenders

    counsel in the proposed nancing

    of the San Pascual Cogeneration

    Project in the Philippines

    Representing the Asian

    Development Bank and the Thai

    and international commercial

    bank lenders in the US$1.34 billion

    nancing of the 1,434 MW,

    coal-red BLCP power project

    in Map Ta Phut industrial estate,

    Rayong Province, Thailand

    Representing J-Power and

    Sumitomo Corporation in the

    acquisition of the Caliraya-Botocan-

    Kalayaan (CBK) Power Project inthe Philippines

    Representing a consortium

    consisting of Genting Berhad,

    PT Rodamas, PT Intadaya

    Primakencana and Highlands

    Power Development Limited

    in connection with its bid to

    construct the 600MW Cirebon

    coal red power project on a

    Build-Own-Operate basis.

    This bid was ultimately withdrawnprior to tender

    Climate change and

    renewable energy

    representing a Japanese power

    company in relation to its

    continued purchasing of carbon

    emission reduction credits under

    the Kyoto Protocol

    Representing a Japanese utility in

    relation to its pad to participatein a 98MW wind power project in

    South Korea

    Advising a US innovative solution

    provider for solar power plant

    applications on establishing its

    joint venture with a China power

    investment company

    Advising a European renewable

    energy company on a wind energy

    project in the PRC in relation to

    the establishment of the project

    company in the PRC, conversion

    into a JV with PRC majority,

    CDM application and the possible

    acquisition of equity by a private

    equity fund

    Assisting a Chinese hydroelectric

    power company with pre-IPOnancing, including their

    acquisition of hydropower plants

    in the PRC, structuring advice for

    their operations, implementing a

    corporate reorganisation and CDM

    eligibility, and acting as counsel to

    the issuer on their Nasdaq IPO

    Advising a Singapore-based

    renewable energy company in its

    20-F registration as a reporting

    foreign issuer with the US SECin preparation for subsequent

    Regulation S private placement

    Acting on behalf of insurers in

    connection with property damage

    claims under a construction all

    risks policy arising out of the

    construction of a hydro-electric

    power project in Indonesia

    Representing Sumitomo

    Corporation in acquisition from

    Hopewell of partially completed

    thermal power project, Tanjung

    Jati B, and in Jepara, Indonesia and

    secured non-recourse nancing of

    US$1.5 billion for same

    Representing the Thai lender

    group led by Bangkok Bank PCL

    in the US$73 million, Thai Baht

    1,200 million project nancing

    of the 150 MW Houay Ho

    hydropower project located in Lao

    Peoples Democratic Republic.

    The project supplies power to the

    Electric Generating Authority of

    Thailand (EGAT)

    Representing the borrower in

    connection with the US$30 million

    plus Thai Baht 3 billion renancing

    of the Theun-Hinboun Power

    Project in Laos. The project involved

    a hydroelectric plant constructed in

    Laos selling 95% of its off take to

    the Electricity Generating Authority

    of Thailand (EGAT)

    www.dlapiper.com

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    aboUt dla piper

    DLA Piper is one of the worlds largest law rms with over

    4,000 lawyers in Asia Pacic, Europe, Middle East and

    the Americas. With over 75 ofces in more than 30 countries

    around the world and a number of associated rms throughthe exclusive alliance known as DLA Piper Group, our reach

    is truly global.

    In Asia, we comprise more than 280 partners, lawyers

    and paralegals based in Bangkok, Beijing, Hong Kong,

    Shanghai, Singapore and Tokyo. We service clients in each

    of these locations as well as other countries in the regionincluding Australia, India, Indonesia, Korea, Malaysia,

    New Zealand, Philippines, Taiwan and Vietnam.

    Key contacts

    www.dlapiper.com

    DLA Piper is a global law frm operating through various separate and distinct legal entities. Further details o these entities and a list o ofces across

    Asia Pacifc, Europe, the Middle East and the Americas can be ound at www.dlapiper.com.

    In the Peoples Republic o China, we are restricted or regulator y reasons (as are all international law frms) rom practi sing local law. This means

    we work with local law frms i a mat ter needs advice on local law (e.g. the production o local law legal opinions). In Singapore, we are restric ted or

    regulatory reasons (as are most international/oreign register ed law frms) rom practising local law. This means that i a matter needs advice on any

    Singapore law issues we will arrange or this advice to be provided and issued by a separate local law frm.

    Copyright 2012 DLA Piper. All rights reserved. | JUN12 | 3235

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