Nabarro Singapore

Contents

Our expertise How we work with you Practice areas Our deals Infrastructure Dispute resolution Your main contacts

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Our expertise

Nabarro Singapore focuses exclusively on two areas of practice: Infrastructure; and International Arbitration Nabarro Singapore can draw on the experience of partners in our other ofces in London, Shefeld and Brussels. The ofce also works closely with the Singapore ofce of our German alliance partner, GSK Stockmann + Kollegen, which has a broad-based commercial practice focused primarily on German companies operating in the area.

Nabarro is a major UK-based international law rm, renowned for the positive and practical way we work. We operate in a number of industry sectors and legal disciplines with a single aim: to deliver the highest quality advice as clearly and concisely as possible no matter how complex the situation. We are a growing partnership, with 110 partners leading 300+ lawyers offering a broad range of legal services to major national and international clients. For cross-border work, we draw on longstanding relationships with a network of selected rms worldwide. In Europe, we have formal best friends alliances with GSK Stockmann + Kollegen in Germany, August & Debouzy in France, Nunziante Magrone in Italy and Roca Junyent in Spain.

How we work with you

Our aim is to become the stand-out legal practice for Infrastructure and International Arbitration in the Asia Pacic region.

PARTNER-LED DELIVERY Our work is partner-led by highly experienced practitioners, supported by highcalibre associates, all totally dedicated to our chosen areas of expertise. COre valUeS We nd that our clients align with our core values of dependability, industry acumen, and our collegiate approach to working with our clients. ClientS We pride ourselves on the fact that a large proportion of our work is repeat work for high-quality clients. RepUtatiOn We want to be known for the highest standards of professionalism, best of breed resourcing and competitive pricing. ManaGeMent We make intelligent use of IT to manage assignments, to control costs, and to communicate and share information with our clients. Added valUe We offer in-house training for clients own teams. BillinG We are able to provide clients with exible billing arrangements, including hourly rates, xed fees and capped fees. 4

Nabarro is able to deliver dependable excellence whereas other, larger commercial rms might be more expensive and wouldnt necessarily deliver better service Legal 500

Practice areas

Providing integrated expertise in both contentious and non-contentious (transactional) work, we can advise on any aspect of a major infrastructure project at any point in its life. We advise clients at project inception, on procurement strategy, not only from a legal and commercial perspective, but also to pre-empt and manage any disputes that may arise during the process. We advise during procurement and at completion, where many disputes arise. Our particular strengths are in the following sectors, where we have worked with clients to our mutual benet: Onshore and offshore services for the oil and gas industry Upstream E&P venture funding, joint ventures and investments; production sharing agreements; farm-in and joint operation agreements; FEED and detailed design and construction of terminals; EPC new-build, conversion and upgrading of drill-ships, jack-ups and semi-submersibles and FPSOs; construction of offshore oil and gas processing facilities; well services including well decommissioning; sub-sea support infrastructure services including pipeline and cable laying; and, petrochemical production and tanking facilities. Marine civil engineering Dredging and reclamation; port development; coastal defences; and, trenching.

Onshore infrastructure and civil engineering Roads; rail; and, earthworks. Power and utilities CCGT plants; coal-red plants; hydroelectricity plants; energy from waste; solar PVS plants; wind power production facilities; desalination and water treatment plants; and, sewage and industrial efuent treatment plants. Commercial real estate development Large scale ofce, retail and leisure developments; and t-out We have enjoyed working with our clients on projects throughout the region, including Australia, India, Indonesia, Malaysia, China, Hong Kong, South Korea, Sri Lanka, Taiwan, Thailand, Vietnam, offshore Timor and offshore PNG as well as Singapore. Our Singapore-based partners also have experience of projects in Europe, Africa and the Middle East. We have developed a network of relationships with rst-rate local counsel in other jurisdictions and, where appropriate, we team up with them to deliver a seamless service to our clients.

InternatiOnal arBitratiOn Our partners have strong track records in international arbitration, with experience of arbitration under the major institutional rules, including SIAC, ICC, LCIA, HKIAC, CIETAC, SIA, SCC and UNCITRAL. We also help clients engaged on international projects to resolve their disputes through alternative dispute resolution, including mediations, expert determinations, adjudications and dispute boards. Naturally, the bulk of our cases in international arbitration have related to infrastructure projects. However, our clients are increasingly asking us to apply our skill sets to the arbitration of disputes arising out of other kinds of transactions, including cross-border investments in the mining sector and complex design and licensing of IT products; as well as a variety of upstream agreements in the oil and gas industry. ArBitratOr One of our Singapore partners, Glenn Cheng, also sits as an arbitrator, with experience of disputes on projects in Singapore, the Philippines and Western Australia.

Our deals
Infrastructure

Utilities Acted as lead external counsel (alongside Singapore co-counsel) to the successful project concessionaire in relation to the EPC and O&M aspects of its DBOO contract arrangement with the Public Utilities Board of Singapore. The Concessionaire is responsible for implementing and operating a 70 MGD Desalination Plant capable of producing 318,500 m3/day of desalinated water, as well as an accompanying LNG-driven power facility capable of producing 411MW in and for Singapore. Advised the Public Utilities Board in Singapore in respect of its proposed privatisation to private interests of the operation, maintenance and technological development of a water treatment, ltration and purication facility and its upstream waste to feed water reclamation plant. Advised on contractual issues to the project consultants/ management contractor of the Public Utilities Board of Singapore in respect of the six back to back design and build tunnelling contracts comprising in the Deep Tunnel Sewerage System (DTSS) project in Singapore.

Oil and gas Advising the Asia Pacic division of a US MNC eet owner of oil rigs, ultra-deepwater drilling platforms and marine support vessels in respect of its EPC shipbuilding, conversion and associated shipyard projects in Australia, Singapore and other parts of the Asia Pacic region. Advising a leading Australian-listed oil and gas multinational contractor in its EPC contract for the provision of dredging engineering, marine facilities; tug berths, and PLF/ MOF on/ofoading terminals pursuant to the Project Wheatstone LNG Plant project in Western Australia. Advising a leading Australian multi-disciplined engineering and contracting MNC on jurisdictional risks, drafting a suite of project agreements in an unincorporated joint venture with Chiyoda Corporation and JGC Corporation pursuant to the ExxonMobil PNG LNG project. Advising a Japanese engineering multi-national corporation in respect of its EPC contract with Shell Eastern Petroleum for the expansion of existing renery facilities, and the construction of additional petrochemical cracker facilities on Pulau Bukom, Singapore. Advising and providing drafting services to a Singapore engineering consultancy rm in respect of FEED and detailed EPC design engagement on oil and gas projects in the South East Asian and Asia Pacic region.

industrial park project, comprising a deepwater port, a naphtha cracker complex, an oil renery and support infrastructure, in Phu Yen, Central Vietnam. Advising a US engineering consultancy group in respect of its master service provider agreements with Chevron USA involving applications in Australia, Indonesia, and the Republic of Kazakhstan. Advised the international corporate business division of the Malaysian national petroleum authority in an extensive investment due diligence and feasibility study involved in a proposed strategic buy-out of the FPSO, FSO and SPM engineering, technology and operations business of a Dutch multi-national corporation. This work involved reviewing and advising on a wide range of contractual and project-related concerns between the target business and producers in the United Arab Emirates, Qatar, Saudi Arabia, China, India and Russia. Advising an Indonesian public listed EPCM and mining provider in respect of contract control and security issues arising from its multi-package alliance contract with an Indonesian developer and then-KP (Kuasa Pertambangan Explorasi) holder involving the Pakar Coal Development project in East Kalimantan, Indonesia. Advising an Indonesian investor in a joint operations and equity participation farm in transaction with an Abu Dhabi sovereign fund-owned energy company in respect of exploration and production rights involving gas supply from the Sebuku gas block off East Kalimantan, Indonesia.

NB: Some of the deals mentioned were carried out by our team when at previous law rms. 6

Advised a Singapore-listed petrochemical production company in respect of its role as primary investor and operator in a 1300 hectare build-own-operate (BOO)

Our deals
Infrastructure

Infrastructure Advised a Saudi Arabian project promoter in its joint venture with a Singapore shipbuilding and marine engineering multi-national corporation, and its participation in a joint stock special purpose company in a build-own-operate (BOO) project to construct a oating dock and multi-service shipbuilding and repair yard on Al Jazeera Island, Yanbu Al Bahr, Saudi Arabia. Advising a French air trafc systems technology company in a turnkey installation project involving the upgrade of the LORADS air trafc management system in Changi Airport, Singapore. Commercial construction Advising (1) a UK-listed multi-national construction company and (2) a major Australian multi-disciplined engineering and construction corporation against the developer and owner of a landmark casino and integrated resort development in Singapore. The role involved providing real-time strategic advice on disputes and claims management as well as contracting risks and control issues. Advising and providing drafting services to a UK-listed consumer products multi-national corporation in respect of its development and construction of its regional product manufacturing and distribution facility in Singapore. Advising and providing drafting services to a German data processing software multi-national corporation in respect of its development and construction of its regional sales and corporate management facility in Singapore.

Advised on tender preparation, contract terms and conditions, contract controls, risk management and other technical issues for an internationally renowned UK electrical and technology group in respect of the supply, installation, testing and commissioning of the intelligent building management system for an airport terminal complex development in Singapore. Advising a US Fortune 500 company in the leasing, design and construction of its agship manufacturing process plant in Singapore. Reviewed, advised and provided the drafting of a bespoke design and build construction contract to a leading Thai public-listed real estate development company in respect of its development and construction of a high-end 22-storey luxury condominium situated in Narathiwas, Bangkok, Thailand. Reviewed, advised and provided drafting services to a major local property developer cum engineering and construction group in pre-contract negotiations in its bid to develop and construct two design-and-build projects for service apartment buildings located in Ho Chi Minh City, Vietnam. Reviewed and advised on contract risk, dispute management and foreign law issues for a Japanese engineering and construction group in respect of its participation in the development and construction of a tobacco processing and manufacturing plant for British American Tobacco Holdings Vinataba JV in Bien Hoa City, Dong Nai Province, Vietnam.

Our deals

Dispute resolution

Here is a selection of the major project disputes in which members of the Nabarro Singapore ofce have been involved: Oil and gas Malaysia: representing a large French/Italian process engineering company in a contractual dispute concerning a deep-water production facility in the South China Sea. The amount at stake exceeded US$30m and the matter was concluded with 100 per cent success for the client. Thailand: acting for a major Australian-listed upstream oil and gas engineering company in arbitration proceedings against a US energy company involving the construction and load out of an oil wellhead platform off Thailand. Papua New Guinea: advising a US/Indonesian rm of project consultants/construction managers in the preparation and presentation of a claims analysis to an Australian oil and gas pipeline contractor involved in the installation of a gas injection pipeline and crude oil ow line in the Lae Moran (Highlands Highway) development project. Singapore: advising and acting as counsel for a Europeanbased engineering company in relation to SIAC arbitration proceedings arising out of the construction of a $4bn petrochemical project. UAE: acting for the owner in UNCITRAL arbitration proceedings with a US EPC contractor relating to the construction of an offshore oil and gas processing facility in the Arabian Gulf. UAE: advising an international-based oil company in relation to disputes arising from the construction of storage facilities. 8

Power China: advising the project company in ICC arbitration proceedings against a German company on a projectnanced power station development. Issues included performance guarantees, liquidated damages, defect correction procedures, performance incentives, and interfaces between the EPC and O&M contracts. Malaysia: advising an international construction company in relation to a series of disputes arising out of the construction of a 372MW hydro-electric power station. Ethiopia: acting for a contractor in ICC arbitration proceedings relating to a project for the construction of a 428MW hydro-electric power station. UK: acting for the owner in LCIA arbitration proceedings with a US EPC contractor relating to the construction of a 509MW offshore wind farm. UK: preparation of contractors claims for extensions of time and loss/expense for ICC arbitration proceedings relating to the construction of a new CCGT power station. UK: acting for the owner in claims against the EPC contractor relating to defects in a MSFB boiler coal-red power station. Process engineering China: advising and instructing foreign counsel on behalf of a Swiss steel commodities trading company in CIETAC arbitration proceedings in Beijing against a Chinese state-owned steel mill and China-based export manufacturer.

Our deals

Dispute resolution

Taiwan: advising a Japanese EPC contractor on disputes arising out of the construction of a polyethylene plant. UK: acting for the EPC contractor in arbitration proceedings relating to the construction of a sewage sludge incineration plant. Marine civil engineering Hong Kong: advising and representing a major contractor in successful WTO proceedings against the Hong Kong Government in connection with a HK$2bn contract for reclamation works. Thailand: acting for an offshore contractor in respect of disputes arising from the dredging of a trench and backlling for a gas transmission pipeline in Thailand, including the preparation of the contractors claims for ICC arbitration proceedings. UK: acting for the dredging sub-contractor in arbitration and High Court proceedings arising out of a project for the construction of an immersed tube tunnel. UK: acting for the dredging and reclamation contractor on disputes arising out of the catastrophic failure of reclamation works during the course of construction for a major extension to an existing container terminal. UK: acting for the dredging contractor in court proceedings relating to a project that involved dredging in rock for a new dock. The disputes included allegations of misrepresentation as to the capabilities of the dredging plant.

Onshore civil engineering Singapore: acting for a leading Chinese engineering enterprise in an ICC International Court of Arbitration reference and a domestic ad hoc reference concerning two contract stages of the Mass Rapid Transit (MRT) Circle Line Project. Malaysia: advising and acting as counsel for a Europeanbased construction company in relation to ICC arbitration proceedings arising out of the construction of a road.

Hong Kong: advising a Chinese state company in relation to an arbitration arising from the construction of a new bridge. Kazakhstan: acting as counsel for the contractor in DAB and SCC arbitration proceedings relating to the construction of a road. Rail Hong Kong: advising and representing participants in various high-prole contract disputes connected with new railway infrastructure in Hong Kong, including the Airport Railway and the West Rail Project.

Our deals

Dispute resolution

Construction Singapore: acting for a UK-listed construction MNC in a series of disputes against a US developer involving nal account related quantum items, as well as time-related claims concerning the development and construction of the rst integrated hotel-casino resort project. Singapore: acted for a Singaporean contractor successfully in arbitration against a Government statutory board involving the overall design and installation of foundation and sub-structure in a major business park development project. Hong Kong: represented various project participants in relation to disputes centred on the construction of facilities for Hong Kongs Chek Lap Kok airport, including the ground transportation centre, freight super-terminal and aireld tunnels. India: advising a Singapore-based consultancy group in relation to disputes arising from the construction of housing. UK: acting for an employer in High Court proceedings relating to a contractors claim for extensions of time and loss and expense arising out of an ofce development, including mediation and adjudication proceedings. UK: acting for an employer in proceedings to resolve a contractors claim for extensions of time and loss and expense arising out of a major retail-led, mixed-use urban regeneration development. The disputes were dealt with by an innovative Early Neutral Evaluation procedure in order to minimise their impact on the relationship between the parties. 10

Other Acting as lead counsel instructed by Indonesian solicitors acting for Indonesian investors in arbitration proceedings (SIAC rules) against a Korean energy MNC involving the sale of shares and rights to a coal mining company in Indonesia. Advising and acting as counsel for a Taiwan-based company in relation to ICC arbitration proceedings arising out of a breach of contract. Advising an Australia-based contractor in relation to a class action in New South Wales in connection with a series of construction projects in the UK. Advising a Europe-based company in relation to successful insolvency proceedings against a Hong Kong-based construction company arising from non-payment. Advising an airport operator in relation to proceedings brought in the courts of Hong Kong SAR arising from the design and construction of a $1.1bn permanent aviation fuel facility.

Your main contacts

Emerson Holmes Partner T +65 6645 3281 e.holmes@nabarro.com

Glenn Cheng Partner and Arbitrator T +65 6645 3283 g.cheng@nabarro.com

Emerson has been a partner since 2008, having previously trained as a barrister and worked in the international commercial arbitration department of a leading magic circle law rm. He is an expert on dispute resolution, particularly arising from infrastructure projects, and has been involved in many high-prole leading cases across the globe including the Asia-Pacic region. Emersons focus areas include advising on various international and domestic infrastructure project disputes such as; railways; power stations; sports stadia; airports; reclamations; hotels; residential apartments; commercial buildings and leisure facilities. Emerson also advises on commercial matters including: interim relief; insolvency; guarantees; insurance and class actions. He has experience of mediation, expert determination, adjudication, arbitrations (international and domestic including ICC, HKIA, UNCITRAL, SIAC, and LCIA), the High Court and Court of Appeal. His clients include international and domestic contractors, developers, consultants, subcontractors, suppliers and governmental organisations. Emerson has a keen interest in the global dimension of disputes, having represented clients in a number of international actions. Emerson is recognised as a leading individual in the major legal directories.

Glenn is an international engineering and construction law specialist in the areas of oil and gas, civil and marine engineering, on and off shore infrastructure, general engineering and building projects. He has been involved in projects throughout South East Asia and the Asia Pacic region including Australia, Indonesia, Singapore, Thailand and Vietnam; and has advised and acted on matters in China, Germany, India, the Middle East and Russia. Glenn has advised the Singapore government on various national level projects in the PPP infrastructure and utilities sectors, including a DBOO project for the largest seawater desalination plant to be constructed and operated in Singapore. In matters concerning disputes, Glenn has experience appearing respectively as counsel, solicitor, and arbitrator in both international and domestic arbitrations, ranging from ad hoc references to proceedings conducted under institutional rules including those of the CIETAC, ICC, LCIA, SIA, SIAC and UNCITRAL. He is a Fellow of the Singapore Institute of Arbitrators (SIArb) and the Malaysian Institute of Arbitrators (MIArb). Glenn also sits on the panel of arbitrators and the emergency arbitrators panel of the Singapore International Arbitration Centre (SIAC); as well as on the panels of the Singapore Institute of Surveyors and Valuers (SISV); the Dubai International Arbitration Centre (DIAC) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA).

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Your main contacts

Gerlando Butera Partner T +65 6439 3490 g.butera@nabarro.com

David Kim Partner T +65 6645 3286 d.kim@nabarro.com

Gerlando is a partner who has specialised in handling disputes arising out of infrastructure and power projects for over 25 years. His experience covers all forms of dispute resolution, including litigation, international arbitration (ICC, LCIA, SCC, ICE and UNCITRAL), expert determination, early neutral evaluation, adjudication, dispute boards and mediation. He also provides behind the scenes advice to his employer and contractor clients during the course of their projects. Gerlando has acted on a wide range of international projects including: major ofce, retail and leisure developments; marine civil engineering works; roads, tunnels and railways; offshore and onshore oil and gas facilities; industrial process plants; CCGT, coal-red and hydroelectric power stations, wind farms and CHP plants; and PPP/PFI projects. He has also advised on extension of time claims arising out of major IT systems development projects. Gerlando previously worked as a solicitor in Hong Kong for a number of years and is qualied to practice there as well as in England and Wales. Gerlando is recognised as a leading individual in the major legal directories.

David is a partner specialising in working with Korean companies on energy and infrastructure projects. He has over 20 years of experience in working with Korean companies in the UK, Central Asia and the Middle East. David has assisted Korean banks, government agencies and IT and trading companies in their business operations in the UK and in Europe. He has also assisted numerous Korean construction companies in their overseas projects on project nance and construction dispute resolution. David has a keen interest in the growth of the Far East region and in the areas of infrastructure and construction projects. In his previous rm, he was a partner and head of the rms Korea Practice Group. David brings a wealth of experience in working with Korean corporates.

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For further information visit:

www.nabarro.com
London Lacon House 84 Theobalds Road London WC1X 8RW
T +44 (0)20 7524 6000

Alliance rms: France August & Debouzy Gilles August

T +33 (0)1 45 61 51 80

Shefeld 1 South Quay Victoria Quays Shefeld S2 5SY

T +44 (0)114 279 4000

www.august-debouzy.com Germany GSK Stockmann + Kollegen Rainer Stockmann

T +49 (30) 20 39 07 - 0

Brussels 209A Avenue Louise 1050 Brussels Belgium

T +32 2 626 0740

www.gsk.de Italy Nunziante Magrone Gianmatteo Nunziante

T +39 06 695181

Singapore Marina Bay Financial Centre Tower 3 12 Marina Boulevard 35-01 Singapore 018982
T +65 6645 3280

www.nunziantemagrone.it Spain Roca Junyent Miquel Roca Junyent

T +34 93 241 92 00

www.rocajunyent.com

Nabarro LLP Registered ofce: Lacon House, 84 Theobalds Road, London, WC1X 8RW. Nabarro LLP is a limited liability partnership registered in England and Wales (registered number OC334031). It is a law rm authorised and regulated by the Solicitors Regulation Authority. A list of members of Nabarro LLP and of the non-members who are designated as partners is open to inspection at the registered ofce. The term partner is used to refer to a member of Nabarro LLP or to an employee or consultant with equivalent standing and qualications in one of Nabarro LLPs afliated undertakings. Detailed specialist advice should be obtained before taking or refraining from any action as a result of the comments made in this publication, which are only intended as a brief introduction to the particular subject. This information is correct on the date of publication. Nabarro LLP 2013

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