Projects and energy in Malaysia

Christopher & Lee Ong

Christopher & Lee Ong offers services on projects and energy dispute resolution, including arbitration. In addition the firm advises clients on the transactional side of matters such as power purchase agreements, EPC contracts and renewable power transactions. Christopher Lee and Eileen Yeoh jointly lead the team. Lee acts on cross-border renewable energy projects including the project funding. Yeoh assists clients on petrochemical and refinery projects while Chor Jack represents local and international power producers on solar projects in Malaysia.

Practice head(s):

Christopher Lee; Eileen Yeoh

Other key lawyers:

Chor Jack

Testimonials

‘The team response fast to clients needs. They have quite a vast knowledge on subjects related to the energy sector.’

‘Fast and responsive. Knowledgeable in related subject matter.’

‘Quick turn around, team competence and depth, reasonable fee rate.’

‘Jack Chor – flexibility, sees the bigger picture, feedback more than required i.e. ensuring completeness and any matters that the client may have overlooked, pro-active in alerts on new legislation or developments that would affect current and future operations.’

Key clients

YTL Corporation Berhad

Damansara Realty Berhad

Coca Cola Bottlers (Malaysia) Sdn. Bhd.

Invest Energy Group

Hanwha Energy Corporation

Scatec Solar

Akzo Nobel Paints (Singapore) Pte Ltd

Work highlights

  • Advised the sponsors and the project company, Ecotech Tra Vinh Renewables JSC (“ProjectCo”), on the development of a 78 MW nearshore wind power project in the province of Tra Vinh, Vietnam. In addition to advising on the development of the project. Also advised the sponsors and ProjectCo on securing the necessary funding for the project, provided by the investment fund Climate Investor One of the Netherlands and Samtan Co., Ltd. of South Korea.
  • Advised BNP Paribas (and various other financial institutions) on the USD 10.4 billion project financing facility to be granted by over 20 financial institutions to the borrowers, Pengerang Refining Company and Pengerang Petrochemical Company, dubbed the largest limited recourse petrochemical and integrated refinery project in Asia to-date.

Rahmat Lim & Partners

Rahmat Lim & Partners is known for its assistance to clients on infrastructure projects across Asia and the Middle East, with advice given on infrastructure developments, such as the construction of ports, monorails and airports. On the energy side, the firm advises on petrochemical plants and gas fired power plants. Chong Yee Leong heads up the projects and international arbitration team. He focuses on oil and gas and power projects in Malaysia and Singapore. Co head Kamilah Kasim undertakes contentious and non-contentious work relating to infrastructure projects across the region.

Practice head(s):

Chong Yee Leong; Kamilah Kasim

Work highlights

  • Advising Don Sahong Power Company Limited, an Independent Power Producer, in relation to its operation and maintenance agreement of 260 MW Run-of-the-River hydroelectric power project (Don Sahong Hydropower Project) in the province of Champasak in the southern part of Laos.
  • Advised NUR Power Sdn. Bhd., a licenced private utility pursuant to the Electricity Supply Act 1990 in relation to the development and construction of a 150 MW Combined Cycle Gas Turbine power plant in the northern region of Malaysia including drafting and negotiating engineering, procurement and construction contract, consultancy service agreement and long term service agreement.
  • Advised NUR Power Sdn. Bhd. on long term and short term gas sales agreements based on the new laws relating to the Third Party Access (“TPA”) Code issued by the Malaysian Energy Commission on 16 January 2017 pursuant to the amendment of the Gas Supply Act 1993 in late 2016 to provide the legal framework for the TPA Code.

Zain & Co

Zain & Co provides 'hands-on and practical' assistance to its clients on projects and energy matters. The firm advises on PPPs, regulatory issues and infrastructure projects such as the construction of high speed railways and monorail systems. Salwah Abdul Shukor leads the corporate team which works in tandem with the projects practice. Zainal Azlan Abdul Kadir heads up the real estate practice while Rajiv Vijayanathan  Rajiv Vijayanathan acts on oil and gas matters, including midstream and downstream work. He also acts on infrastructure project development.

Other key lawyers:

Rajiv Vijayanathan

Testimonials

‘Zain & Co has capable team that provides professional legal advice to my company. The team is very hands-on and practical, and their solution is ingenious. The team has vast experiences in project management and oil & gas sector, and this proves to be crucial in able to assist my company in making the right decision.’

‘Rajiv Vijayanathan is a very hands-on lawyer and able to provide professional legal advice to my company. He responds to clients’ needs very promptly, even during non-working hours and weekends. He knows his subjects extremely well and has assisted my company in making the right decisions in many occasions. Another partner who has also performed admirably is Rebecca Jeyanthi Selvaraj.’

‘Zain & Co is professional, agile to our changing needs and commercially savvy. They adapt to new environment and our busy schedules at ease.’

‘Zain & Co is always on the go, gives concrete views and always within reach.’

 

Key clients

Petroleum Nasional Berhad (PETRONAS)

Petronas Refinery and Petrochemical Corporation Sdn Bhd (a subsidiary of PETRONAS)

Sime Darby Melawati Development Sdn Bhd

PNB Value Homes Sdn. Bhd, a subsidiary of Permodalan Nasional Berhad

Employees Provident Fund Board (EPF)

PETRONAS Chemicals Group Berhad

Adnan Sundra & Low

Adnan Sundra & Low advises on major infrastructure projects in Malaysia and internationally including projects in Australia, India and Southeast Asia. Khem Thadani and Adrian Chair have experience of transactional work including projects such as rail systems, water treatment centres, and cement plants. Chair also has project finance expertise. Kewinder Singh assists clients on the structuring and negotiation of agreements for infrastructure projects while Jasprit Kaur has has expertise in conventional and renewable energy projects. Ng Jo-Leen handles petrochemicals and renewable energy work for local Malaysian clients.

Other key lawyers:

Ng Jo-Leen

Testimonials

‘Very good knowledge of, and experience in, the oil and gas industry. They are responsive, and we count on them to give the correct advice and not simply what they think we want to hear.’

‘Adrian Chee is our first choice when it comes to oil and gas transactions and commercial advice.’

Key clients

PETRONAS Chemicals Group Berhad

United Overseas Bank (Malaysia) Bhd

NewParadigm Capital Markets Sdn Bhd

Danajamin Nasional Berhad

OCBC Al-Amin Bank Berhad

RHB Investment Bank Berhad

Citigroup Global Markets inc

Barclays Bank PLC

J.P. Morgan Securities LLC

BNP Paribas Securities Group

DBS Bank Ltd

SMBC Nikko Securities America Inc

Fifth Third Securities Inc

KeyBank Capital Markets Inc

Oversea-Chinese Banking Corporation Limited

Malaysia Programme Office for Power Electricity Reform

Sungai Harmoni Sdn Bhd

PTT Exploration and Production Public Company Ltd

Abu Dhabi National Oil Company

Furukawa Electric Co., Ltd

Work highlights

  • Advised Thailand’s PTT Exploration and Production Public Company Ltd (PTTEP)’s purchase of Murphy Oil Corporation’s oil and gas business in Malaysia through acquiring shares in its two Malaysian subsidiaries, Murphy Sabah Oil Co Ltd and Murphy Sarawak Oil Co Ltd.
  • Advised Abu Dhabi National Oil Company on the acquisition of 10% equity stake in Vitol Tank Terminals International B.V., a global storage terminal owner and operator by Abu Dhabi National Oil Company.
  • Appointed by Sungai Harmoni to advise on the following: 1) negotiate/advise on the post-acquisition appointment of SH as the O&M Contractor for SSP1 under a new 17-year bulk water supply agreement (expiring in 2036, with a contract value estimated at USD700m) replacing the OMA; (2) negotiate/advise on termination of all agreements between the concession companies and SH and settlement of all monies due to SH under the OMA (amounting to approximately USD155m); and (3) negotiate and advise on all relevant termination agreements/raw water supply agreements.

Shearn Delamore & Co

Shearn Delamore & Co acts on financings, dispute resolution and project structuring matters in the realm of projects and energy. These include township developments, highways, railways and airports. Datin Grace Yeoh leads the energy, natural resources and green technology team with key expertise in the banking industry and on foreign investment. Rodney Gomez leads the infrastructure and projects team, whose expertise is in arbitration and adjudication handling disputes arising out PPPs.

Practice head(s):

Datin Grace Yeoh; Rodney Gomez

Work highlights

  • Acted as counsel to TASB, LSPB, JSSB and BUSB in respect of a large-scale integrated mixed-use waterfront development known as “The Light City” comprising the Retail Mall/CC, the South Residential Towers and the Hotel & Office, each to be developed by TASB, LPSB and JSSB.
  • Advised OCBC Bank (Malaysia) Berhad and Bangkok Bank Berhad in respect of the term loan facility of RM150,000,000 granted to KBJ HECMY Sdn Bhd to finance or fund up to 80% of all costs incurred or to be incurred in respect of the financing, design, engineering, procurement, construction, installation, testing, commissioning, ownership, operation and maintenance of a 30MWac solar photovoltaic energy generating facility located at the project lands in Mukim Chuping, Perlis, and ancillary equipment and facilities as described under the power purchase agreement made between Tenaga Nasional Berhad and the Borrower.

Skrine

Skrine advises on infrastructure, power and industrial facilities, acting on the full life cycle of work including financing, land acquisition and development, structuring and regulatory matters. Fariz Abdul Aziz co-leads the team and specialises on oil and gas matters, including transactional matters and corporate-related energy work. Richard Khoo Boo Hin is leading the infrastructure and projects group and focuses on the non-contentious side. He has represented developers, contractors and consultants on power production projects.

Key clients

Halliburton

PTT Exploration and Production Company Limited

Murphy Oil Corporation

BP

OMV

Repsol

Panasonic Corporation

General Electric

Hess

International Petroleum Company

HSBC Bank Malaysia Berhad

ERS Energy Sdn Bhd

Work highlights

  • Acted as Malaysian counsel for Murphy Oil Corporation in respect of its USD2.13 billion sale of its entire Malaysian portfolio to Thailand’s PTT Exploration and Production Plc (“PTTEP”). Skrine provided substantial advice and support on oil & gas law/ practice, employment, tax, insolvency and general corporate matters.
  • Acted for BP Singapore Pte Limited (“BPS”) in respect of its entry into a Long Term Storage Agreement (“LTSA”) with Pengerang Terminals (Five) Sdn Bhd (“PT5”), an indirect wholly owned subsidiary company of Dialog Group Berhad and is now engaged to monitor Dialog’s compliance of contractual milestones of the LTSA.
  • Advised ERS Energy Sdn. Bhd. (“ERS”) in relation to the construction works for a 120MW solar photovoltaic power generation plant in Alaminos, Laguna, Philippines. As Malaysian counsel, the team advised on, drafted and negotiated the terms of the engineering, procurement, construction and commissioning contract (“EPCC Contract”).

Wong & Partners

Wong & Partners assists clients on renewable energy matters, project financing and infrastructure developments. The firm also has an expertise in private and corporate power purchase agreements which relate to rooftop solar projects in Malaysia. Mark Lim who heads the team, is active on transactions and cross-border financing for solar projects. Siaw Wan Lim is also noted for work on projects and infrastructure matters, including advice given on service and power purchase agreements.

Practice head(s):

Mark Lim

Other key lawyers:

Siaw Wan Lim

Key clients

ib vogt GmbH

Pulau Indah Power Plant Sdn Bhd (formerly known as Tadmax Indah Power Sdn Bhd)

Asian Development Bank

IJM Corporation Berhad

Gunkul Engineering PCL

Maybank Investment Bank Berhad

Work highlights

  • Represented Maybank Investment Bank Berhad as the principal adviser/ lead arranger/ lead manager in connection with the Islamic medium term note of up to MYR 550 million in nominal value based on the Shariah principle of Murabahah (via Tawarruq arrangement) established by Cypark Ref Sdn Bhd, a wholly-owned subsidiary of Cypark Resources Berhad.
  • Represented ib vogt GmbH, a German-based multinational solar engineering and project development company, in connection with its successful bid to develop a 100MWac (Mega Watts, alternating current) solar photovoltaic power plant in Marang, Terengganu, under Malaysia’s third large-scale solar tender project.
  • Advised Pulau Indah Power Plant Sdn Bhd (formerly known as Tadmax Indah Power Sdn Bhd), the project company of Tadmax Resources Berhad, in connection with the development of the 1,200MW combined cycle gas and turbinepower plant project in Pulau Indah, Klang.

Zaid Ibrahim & Co (a member of ZICO Law)

Zaid Ibrahim & Co (a member of ZICO Law) acts for clients on power, renewable energy and oil and gas projects. Advice is also provided on water and waste water projects. Wong Kee Hooi is leading the team and acts for sponsors, financiers and contractors in relation to project development and infrastructure matters. Amin Abdul Majid is highly experienced in the energy sector, advising on hydropower and solar power plants.

Practice head(s):

Wong Kee Hooi

Other key lawyers:

Amin Abdul Majid

Work highlights

  • Co lead counsel advising TNB on all projects and regulatory matters relating to the entire reorganization exercise, ie. from advising on the implementation steps, dealing with all contractual matters to implement the proposed organization to engaging with regulatory authorities such as the Energy Commission to ensure all appropriate licenses are put in place to give effect to such reorganisation.
  • Lead counsel advising BGMC Bras Power Sdn. Bhd on the proposed development, construction, financing management, contract management, operation and maintenance of the Project.
  • Lead counsel advising the Idiwan Solar Sdn. Bhd on the proposed development, construction, financing management, contract management, operation and maintenance of the Project.

Mohamed Ridza is present in the onshore and offshore energy industry advising Malaysian and foreign clients on agreements and contracts. Mohamed Ridza Abdullah's expertise is in advising on oil, gas and petrochemical related contracts. He also works on the procurement and construction aspects of energy projects. Mohamad Nazran Basirun assists with the formation of joint ventures and advises on oil and gas contracts while Sharifah Shafika Alsagoff has acted on acquisitions of natural gas pipelines and asset transfers.

Chooi & Company and Cheang & Ariff

Chooi & Company and Cheang & Ariff advises clients on a range of developments of infrastructure and industrial projects. This includes rail, road and water projects. Rosey Lim Chu Ai leads the team and is noted for experience advising on power purchase agreements, engineering procurement and construction contracts as well as government procurements for power projects and sale and purchase of crude oil agreements.

Practice head(s):

Rosey Lim Chu Ai

Lee Hishammuddin Allen & Gledhill

Lee Hishammuddin Allen & Gledhill possesses a broad projects and energy practice, acting on transport infrastructure, mining, energy and chemicals matters. This includes the development and financing of projects. Steven SY Tee leads the department and brings his experience of cross-border financing to projects outside of Malaysia. Having worked at international firms in Singapore and Middle East, he has a comprehensive knowledge of foreign legal markets.

Practice head(s):

Steven SY Tee

Testimonials

‘Great understanding of commercial intricacies of the situation and looking for commercial solution. We could rely on the advise in respect to local culture of dealing with matters as well as sound legal advice.’

‘Darshendev Singh has great contacts and knowledge of current legal and project landscape which could be helpful in this area. His experience and commercial outlook were very helpful.’

‘Steven Tee provides very sound legal advice on contractual structure and can recommend for that, especially if novation, assignments, complex contractual structure where various accompanying documents and commitments have to be taken into consideration and aligned with matter at hand. Their teams react very quickly and reliably. In general, I would recommend, if a company wants to get engaged in the local market. Very reliable advice.’

Key clients

Serba Dinamik International Ltd

Lebuhraya Borneo Utara Sdn Bhd

MAM Minerals Sdn Bhd

Siemens Malaysia Sdn Bhd (Siemens Malaysia)

Malakoff Corporation Berhad

Work highlights

  • Advised Serba Dinamik International Ltd on a joint venture with a Tanzanian partner in the client’s first project in Africa, to develop a chlor-alkali chemical manufacturing plant.
  • Acting for Serba Dinamik International Ltd in a project to develop, finance and operate a chlor-alkali chemical manufacturing plant in Uzbekistan.
  • Acting for LBU in relation to the novation of its rights, obligations and liabilities under 11 works package contracts on the development and upgrading of the Pan Borneo Highway to the Federal Government.

Raja, Darryl & Loh

Raja, Darryl & Loh's 'knowledgeable and resourceful' team adivises on a range of matters relating to projects and energy. The firm advises on the construction of manufacturing plants, railways projects and gas production facilities. The 'dedicated' Hon Leng Choon's principal area of focus is infrastructure projects such as rail transit services, acting for state owned companies. Zack Tan Zhang Wei assists on the firm's primary infrastructure work, contributing his own construction and infrastructure experience.

Practice head(s):

Choon Hon Leng

Other key lawyers:

Zack Tan Zhang Wei

Testimonials

‘Choon Hon Leng and team have been very dedicated and went above and beyond than just the usual service. They are very knowledgeable and resourceful.’

‘With their outstanding service and competitive pricing, I would recommend Raja Darryl & Loh.’

Key clients

Prasarana Malaysia Berhad

Mass Rapid Transit Corporation Sdn Bhd

Perumahan Rakyat 1Malaysia Corporation (PR1MA)

CRCC CREC CCC Consortium Sdn Bhd

Pengerang Refining Company Sdn Bhd

Work highlights

  • Acted for Prasarana Malaysia Berhad and prepared documentation in respect of the conversion of the existing Project Delivery Partner (PDP) model for the LRT3 Project to a Turnkey Contractor model, making it a fixed price contract and reducing the project cost from RM31.65 billion to RM11.856 billion.
  • Acted for Mass Rapid Transit Corporation Sdn Bhd and prepared documentation in respect of the conversion of the existing Project Delivery Partner (PDP) model for the MRT2 Project to a Turnkey Contractor model, reducing the project cost from RM39.35 billion to RM30.53 billion.
  • Acted for Perumahan Rakyat 1Malaysia Corporation (PR1MA) in reviewing and advising on PR1MA’s entire existing business, development and contractual models for the construction and development of PR1MA housing projects.

Sedgley & Co

Sedgley & Co focuses on construction and projects matters for public and private sector clients as well as individuals. The practice has advised on commercial matters resulting from various projects work in multiple jurisdictions. The team is led by Iain Sedgley who has acted for government agencies and international corporations.

Practice head(s):

Iain Sedgley

Zul Rafique & Partners

Zul Rafique & Partners' broad practice provides expertise in electricity, water and public projects, with the matters led by Lukman Sheriff Alias while the infrastructure work is undertaken by Tunku Alizan RM Alias. He advises clients on the development of oil terminals and industrial facilities.

Practice head(s):

Lukman Sheriff Alias

Other key lawyers:

Tunku Alizan