nabarro singapore_overview

8/12/2019 Nabarro Singapore_overview

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Nabarro Singapore


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Contents

Our expertise 3

How we work with you 4

Practice areas 5

Our dealsInfrastructure 6Dispute resolution 8

Your main contacts 11


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Our expertise

Nabarro Singapore focuses exclusively on two areas ofpractice:

Infrastructure; and International Arbitration

Nabarro Singapore can draw on the experience of partnersin our other offices in London, Sheffield and Brussels. Theoffice also works closely with the Singapore office of ourGerman alliance partner, GSK Stockmann + Kollegen,which has a broad-based commercial practice focusedprimarily on German companies operating in the area.

Nabarro is a major UK-based international law firm,renowned for the positive and practical way we work. Weoperate in a number of industry sectors and legaldisciplines with a single aim: to deliver the highest qualityadvice as clearly and concisely as possible no matter howcomplex the situation.

We are a growing partnership, with 110 partners leading300+ lawyers offering a broad range of legal services tomajor national and international clients.

For cross-border work, we draw on longstanding

relationships with a network of selected firms worldwide.In Europe, we have formal best friends alliances withGSK Stockmann + Kollegen in Germany, August &Debouzy in France, Nunziante Magrone in Italy and Roca

Junyent in Spain.


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How we work with youOur aim is to become the stand-out legal practice for Infrastructure and International Arbitration in the Asia Pacific region.

PARTNERLED DELIVERY

Our work is partner-led by highly experienced practitioners, supported by high-calibre associates, all totally dedicated to our chosen areas of expertise.

CORE VALUES

We find that our clients align with our core values of dependability, industryacumen, 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 breedresourcing and competitive pricing.

MANAGEMENT

We make intelligent use of IT to manage assignments, to control costs, and tocommunicate and share information with our clients.

ADDED VALUEWe offer in-house training for clients own teams.

BILLING

We are able to provide clients with flexible billing arrangements, including hourlyrates, fixed fees and capped fees.

Nabarro is able to deliver dependable excellence whereas other, larger commercial firms might bemore expensive and wouldnt necessarily deliverbetter service Legal 500


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Practice areas

Onshore infrastructure and civil engineering

Roads; rail; and, earthworks.

Power and utilities

CCGT plants; coal-fired plants; hydroelectricity plants; energy from waste; solar PVS plants; wind power production facilities; desalination and water treatment plants; and, sewage and industrial effluent treatment plants.

Commercial real estate development

Large scale office, retail and leisure developments; and fit-out

We have enjoyed working with our clients on projectsthroughout the region, including Australia, India, Indonesia,Malaysia, China, Hong Kong, South Korea, Sri Lanka,Taiwan, Thailand, Vietnam, offshore Timor and offshorePNG as well as Singapore. Our Singapore-based partnersalso have experience of projects in Europe, Africa and the

Middle East. We have developed a network of relationshipswith first-rate local counsel in other jurisdictions and,where appropriate, we team up with them to deliver aseamless service to our clients.

Providing integrated expertise in both contentious andnon-contentious (transactional) work, we can advise on anyaspect of a major infrastructure project at any point in its life.

We advise clients at project inception, on procurementstrategy, not only from a legal and commercial perspective,but also to pre-empt and manage any disputes that mayarise during the process. We advise during procurementand at completion, where many disputes arise.

Our particular strengths are in the following sectors, wherewe have worked with clients to our mutual benefit:

Onshore and offshore services for the oil and gasindustry

Upstream E&P venture funding, joint ventures andinvestments;

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.

INTERNATIONAL ARBITRATION

Our partners have strong track records in internationalarbitration, with experience of arbitration under the majorinstitutional rules, including SIAC, ICC, LCIA, HKIAC,CIETAC, SIA, SCC and UNCITRAL. We also help clientsengaged on international projects to resolve their disputesthrough alternative dispute resolution, includingmediations, expert determinations, adjudications anddispute boards.

Naturally, the bulk of our cases in international arbitrationhave related to infrastructure projects. However, our clients

are increasingly asking us to apply our skill sets to thearbitration of disputes arising out of other kinds oftransactions, including cross-border investments in themining sector and complex design and licensing of ITproducts; as well as a variety of upstream agreements inthe oil and gas industry.

ARBITRATOR

One of our Singapore partners, Glenn Cheng, also sits as anarbitrator, with experience of disputes on projects inSingapore, the Philippines and Western Australia.


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Utilities

Acted as lead external counsel (alongside Singaporeco-counsel) to the successful project concessionaire inrelation to the EPC and O&M aspects of its DBOOcontract arrangement with the Public Utilities Board ofSingapore. The Concessionaire is responsible forimplementing and operating a 70 MGD Desalination Plantcapable of producing 318,500 m3/day of desalinatedwater, as well as an accompanying LNG-driven powerfacility capable of producing 411MW in and for Singapore.

Advised the Public Utilities Board in Singaporein respect of

its proposed privatisation to private interests of theoperation, maintenance and technological development ofa water treatment, filtration and purification facility and itsupstream waste to feed water reclamation plant.

Advised on contractual issues to the project consultants/management contractor of the Public Utilities Board ofSingapore in respect of the six back to back design andbuild tunnelling contracts comprising in the Deep TunnelSewerage System (DTSS) project inSingapore.

Oil and gas

Advising the Asia Pacific division of a US MNC fleet ownerof oil rigs, ultra-deepwater drilling platforms and marinesupport vessels in respect of its EPC shipbuilding,conversion and associated shipyard projects in Australia,Singaporeand other parts of the Asia Pacific region.

Advising a leading Australian-listed oil and gas multi-national contractor in its EPC contract for the provision ofdredging engineering, marine facilities; tug berths, and PLF/MOF on/offloading terminals pursuant to the ProjectWheatstone LNG Plantproject in Western Australia.

Advising a leading Australian multi-disciplined engineeringand contracting MNC on jurisdictional risks, drafting asuite of project agreements in an unincorporated jointventure with Chiyoda Corporation and JGC Corporationpursuant to the ExxonMobil PNG LNG project.

Advising a Japanese engineering multi-national corporationin respect of its EPC contract with Shell Eastern Petroleumfor the expansion of existing refinery facilities, and theconstruction of additional petrochemical cracker facilitieson Pulau Bukom, Singapore.

Advising and providing drafting services to a Singaporeengineering consultancy firm in respect of FEED anddetailed EPC design engagement on oil and gas projects inthe South East Asian andAsia Pacific region.

Advised a Singapore-listed petrochemical productioncompany in respect of its role as primary investor andoperator in a 1300 hectare build-own-operate (BOO)

industrial park project, comprising a deepwater port, anaphtha cracker complex, an oil refinery and supportinfrastructure, in Phu Yen, Central Vietnam.

Advising a US engineering consultancy group in respect ofits master service provider agreements with Chevron USAinvolving applications in Australia, Indonesia, and theRepublic of Kazakhstan.

Advised the international corporate business division of theMalaysiannational petroleum authority in an extensiveinvestment due diligence and feasibility study involved in a

proposed strategic buy-out of the FPSO, FSO and SPMengineering, technology and operations business of aDutch multi-national corporation. This work involvedreviewing and advising on a wide range of contractual andproject-related concerns between the target business andproducers in the United Arab Emirates, Qatar, Saudi Arabia,China, Indiaand Russia.

Advising an Indonesian public listed EPCM and miningprovider in respect of contract control and security issuesarising from its multi-package alliance contract with anIndonesian developer and then-KP (Kuasa PertambanganExplorasi) holder involving the PakarCoal Development

project in East Kalimantan, Indonesia.Advising an Indonesian investor in a joint operations andequity participation farm in transaction with an Abu Dhabisovereign fund-owned energy company in respect ofexploration and production rights involving gas supplyfrom the Sebukugas block off East Kalimantan, Indonesia.

Our dealsInfrastructure

NB: Some of the deals mentioned were carried out by our

team when at previous law firms.


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Infrastructure

Advised a Saudi Arabian project promoter in its jointventure with a Singapore shipbuilding and marineengineering multi-national corporation, and itsparticipation in a joint stock special purpose company in abuild-own-operate (BOO) project to construct a floatingdock and multi-service shipbuilding and repair yard on Al

Jazeera Island,Yanbu Al Bahr, Saudi Arabia.

Advising a French air traffic systems technology companyin a turnkey installation project involving the upgrade ofthe LORADS air traffic management system in Changi

Airport, Singapore.

Commercial construction

Advising (1) a UK-listed multi-national constructioncompany and (2) a major Australian multi-disciplinedengineering and construction corporation against thedeveloper and owner of a landmark casino and integratedresort development in Singapore. The role involvedproviding real-time strategic advice on disputes andclaims management as well as contracting risks andcontrol issues.

Advising and providing drafting services to a UK-listed

consumer products multi-national corporation in respectof its development and construction of its regional productmanufacturing and distribution facility in Singapore.

Advising and providing drafting services to a German dataprocessing software multi-national corporation in respectof its development and construction of its regional salesand corporate management facility inSingapore.

Advised on tender preparation, contract terms andconditions, contract controls, risk management and othertechnical issues for an internationally renowned UKelectrical and technology group in respect of the supply,installation, testing and commissioning of the intelligentbuilding management system for an airport terminalcomplex development inSingapore.

Advising a US Fortune 500 company in the leasing, designand construction of its flagship manufacturing processplant in Singapore.

Reviewed, advised and provided the drafting of a bespokedesign and build construction contract to a leading Thaipublic-listed real estate development company in respectof its development and construction of a high-end22-storey luxury condominium situated in Narathiwas,Bangkok, Thailand.

Reviewed, advised and provided drafting services to a majorlocal property developer cum engineering and constructiongroup in pre-contract negotiations in its bid to develop andconstruct two design-and-build projects for serviceapartment buildings located in Ho Chi Minh City, Vietnam.

Reviewed and advised on contract risk, disputemanagement and foreign law issues for a Japaneseengineering and construction group in respect of itsparticipation in the development and construction of atobacco processing and manufacturing plant for BritishAmerican Tobacco Holdings Vinataba JV in Bien Hoa City,Dong Nai Province, Vietnam.

Our dealsInfrastructure


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Here is a selection of the major project disputes in whichmembers of the Nabarro Singapore office have been involved:

Oil and gas

Malaysia: representing a large French/Italian processengineering company in a contractual dispute concerning adeep-water production facility in the South China Sea. Theamount at stake exceeded US$30m and the matter wasconcluded with 100 per cent success for the client.

Thailand: acting for a major Australian-listed upstream oiland gas engineering company in arbitration proceedings

against a US energy company involving the constructionand load out of an oil wellhead platform off Thailand.

Papua New Guinea: advising a US/Indonesian firm of projectconsultants/construction managers in the preparation andpresentation of a claims analysis to an Australian oil and gaspipeline contractor involved in the installation of a gasinjection pipeline and crude oil flow line in the Lae Moran(Highlands Highway) development project.

Singapore: advising and acting as counsel for a European-based engineering company in relation to SIAC arbitrationproceedings arising out of the construction of a $4bnpetrochemical project.

UAE: acting for the owner in UNCITRAL arbitrationproceedings with a US EPC contractor relating to theconstruction of an offshore oil and gas processing facility inthe Arabian Gulf.

UAE: advising an international-based oil company in relationto disputes arising from the construction of storage facilities.

Power

China: advising the project company in ICC arbitrationproceedings against a German company on a project-financed power station development. Issues includedperformance guarantees, liquidated damages, defectcorrection procedures, performance incentives, andinterfaces between the EPC and O&M contracts.

Malaysia: advising an international construction companyin relation to a series of disputes arising out of theconstruction of a 372MW hydro-electric power station.

Ethiopia: acting for a contractor in ICC arbitrationproceedings relating to a project for the construction of a428MW hydro-electric power station.

UK: acting for the owner in LCIA arbitration proceedingswith a US EPC contractor relating to the construction of a509MW offshore wind farm.

UK: preparation of contractors claims for extensions oftime and loss/expense for ICC arbitration proceedingsrelating to the construction of a new CCGT power station.

UK: acting for the owner in claims against the EPCcontractor relating to defects in a MSFB boiler coal-fired

power station.Process engineering

China: advising and instructing foreign counsel on behalf ofa Swiss steel commodities trading company in CIETACarbitration proceedings in Beijing against a Chinesestate-owned steel mill and China-based exportmanufacturer.

Our dealsDispute resolution


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Taiwan: advising a Japanese EPC contractor on disputesarising out of the construction of a polyethylene plant.

UK: acting for the EPC contractor in arbitrationproceedings relating to the construction of a sewagesludge incineration plant.

Marine civil engineering

Hong Kong: advising and representing a major contractorin successful WTO proceedings against the Hong KongGovernment in connection with a HK$2bn contract forreclamation works.

Thailand: acting for an offshore contractor in respect ofdisputes arising from the dredging of a trench andbackfilling for a gas transmission pipeline in Thailand,including the preparation of the contractors claims for ICCarbitration proceedings.

UK: acting for the dredging sub-contractor in arbitrationand High Court proceedings arising out of a project for theconstruction of an immersed tube tunnel.

UK: acting for the dredging and reclamation contractor ondisputes arising out of the catastrophic failure ofreclamation works during the course of construction for a

major extension to an existing container terminal.UK: acting for the dredging contractor in court proceedingsrelating to a project that involved dredging in rock for anew dock. The disputes included allegations ofmisrepresentation as to the capabilities of the dredgingplant.

Onshore civil engineering

Singapore: acting for a leading Chinese engineeringenterprise in an ICC International Court of Arbitrationreference and a domestic ad hoc reference concerning twocontract stages of the Mass Rapid Transit (MRT) Circle LineProject.

Malaysia: advising and acting as counsel for a European-based construction company in relation to ICC arbitrationproceedings arising out of the construction of a road.


Hong Kong: advising a Chinese state company in relation toan arbitration arising from the construction of a new bridge.

Kazakhstan: acting as counsel for the contractor in DABand SCC arbitration proceedings relating to theconstruction of a road.

Rail

Hong Kong: advising and representing participants invarious high-profile contract disputes connected with newrailway infrastructure in Hong Kong, including the AirportRailway and the West Rail Project.


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Construction

Singapore: acting for a UK-listed construction MNC in aseries of disputes against a US developer involving finalaccount related quantum items, as well as time-relatedclaims concerning the development and construction ofthe first integrated hotel-casino resort project.

Singapore: acted for a Singaporean contractor successfully inarbitration against a Government statutory board involvingthe overall design and installation of foundation andsub-structure in a major business park development project.

Hong Kong: represented various project participants inrelation to disputes centred on the construction offacilities for Hong Kongs Chek Lap Kok airport, includingthe ground transportation centre, freight super-terminaland airfield tunnels.

India: advising a Singapore-based consultancy group inrelation to disputes arising from the construction of housing.

UK: acting for an employer in High Court proceedingsrelating to a contractors claim for extensions of time andloss and expense arising out of an office development,including mediation and adjudication proceedings.

UK: acting for an e mployer in proceedings to resolve acontractors claim for extensions of time and loss andexpense arising out of a major retail-led, mixed-use urbanregeneration development. The disputes were dealt withby an innovative Early Neutral Evaluation procedure inorder to minimise their impact on the relationshipbetween the parties.

Other

Acting as lead counsel instructed by Indonesian solicitorsacting for Indonesian investors in arbitration proceedings(SIAC rules) against a Korean energy MNC involving thesale of shares and rights to a coal mining company inIndonesia.

Advising and acting as counsel for a Taiwan-basedcompany in relation to ICC arbitration proceedings arisingout 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 ofconstruction projects in the UK.

Advising a Europe-based company in relation to successfulinsolvency proceedings against a Hong Kong-basedconstruction company arising from non-payment.

Advising an airport operator in relation to proceedingsbrought in the courts of Hong Kong SAR arising from thedesign and construction of a $1.1bn permanent aviationfuel facility.


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Your main contacts

Emerson HolmesPartnerT+65 6645 [email protected]

Glenn ChengPartner and ArbitratorT+65 6645 [email protected]

Emerson has been a partner since 2008, having previously trained as a barrister andworked in the international commercial arbitration department of a leading magiccircle law firm. He is an expert on dispute resolution, particularly arising from

infrastructure projects, and has been involved in many high-profile leading casesacross the globe including the Asia-Pacific region. Emersons focus areas includeadvising on various international and domestic infrastructure project disputes such as;railways; power stations; sports stadia; airports; reclamations; hotels; residentialapartments; 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, expertdetermination, adjudication, arbitrations (international and domestic including ICC,HKIA, UNCITRAL, SIAC, and LCIA), the High Court and Court of Appeal. His clientsinclude international and domestic contractors, developers, consultants, sub-contractors, suppliers and governmental organisations.

Emerson has a keen interest in the global dimension of disputes, having representedclients 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 oiland gas, civil and marine engineering, on and off shore infrastructure, generalengineering and building projects. He has been involved in projects throughout South

East Asia and the Asia Pacific region including Australia, Indonesia, Singapore, Thailandand Vietnam; and has advised and acted on matters in China, Germany, India, theMiddle East and Russia.

Glenn has advised the Singapore government on various national level projects in thePPP infrastructure and utilities sectors, including a DBOO project for the largestseawater desalination plant to be constructed and operated in Singapore. In mattersconcerning disputes, Glenn has experience appearing respectively as counsel, solicitor,and arbitrator in both international and domestic arbitrations, ranging from ad hocreferences to proceedings conducted under institutional rules including those of theCIETAC, 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 theemergency arbitrators panel of the Singapore International Arbitration Centre (SIAC);as well as on the panels of the Singapore Institute of Surveyors and Valuers (SISV); theDubai International Arbitration Centre (DIAC) and the Kuala Lumpur Regional Centrefor Arbitration (KLRCA).


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Your main contacts

Gerlando ButeraPartnerT+65 6439 [email protected]

David KimPartnerT+65 6645 [email protected]

Gerlando is a partner who has specialised in handling disputes arising out ofinfrastructure and power projects for over 25 years. His experience covers all forms ofdispute resolution, including litigation, international arbitration (ICC, LCIA, SCC, ICE

and UNCITRAL), expert determination, early neutral evaluation, adjudication, disputeboards and mediation. He also provides behind the scenes advice to his employer andcontractor clients during the course of their projects.

Gerlando has acted on a wide range of international projects including: major office,retail and leisure developments; marine civil engineering works; roads, tunnels andrailways; offshore and onshore oil and gas facilities; industrial process plants; CCGT,coal-fired and hydroelectric power stations, wind farms and CHP plants; and PPP/PFIprojects. He has also advised on extension of time claims arising out of major ITsystems development projects.

Gerlando previously worked as a solicitor in Hong Kong for a number of years and isqualified 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 andinfrastructure projects. He has over 20 years of experience in working with Koreancompanies in the UK, Central Asia and the Middle East.

David has assisted Korean banks, government agencies and IT and trading companiesin their business operations in the UK and in Europe. He has also assisted numerousKorean construction companies in their overseas projects on project finance andconstruction dispute resolution.

David has a keen interest in the growth of the Far East region and in the areas ofinfrastructure and construction projects. In his previous firm, he was a partner andhead of the firms Korea Practice Group. David brings a wealth of experience in workingwith Korean corporates.


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For further information visit:

www.nabarro.com

London

Lacon House 84 Theobalds RoadLondon WC1X 8RWT+44 (0)20 7524 6000

Sheffield

1 South Quay Victoria QuaysSheffield S2 5SYT+44 (0)114 279 4000

Brussels

209A Avenue Louise 1050 BrusselsBelgiumT+32 2 626 0740

Singapore

Marina Bay Financial Centre Tower 312 Marina Boulevard 35-01Singapore 018982T+65 6645 3280

10784

Nabarro LLP

Registered office: 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 firm 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

office. The term partner is used to refer to a member of Nabarro LLP or to an employee or consultant with equivalent standing and qualifications in one of Nabarro

LLPs affiliated 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

Alliance firms:

France August & DebouzyGilles August

T+33 (0)1 45 61 51 80www.august-debouzy.com

Germany GSK Stockmann + KollegenRainer Stockmann

T+49 (30) 20 39 07 - 0www.gsk.de

Italy Nunziante MagroneGianmatteo Nunziante

T+39 06 695181www.nunziantemagrone.it

SpainRoca JunyentMiquel Roca JunyentT+34 93 241 92 00www.rocajunyent.com

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