Energy & Infrastructure
Our lawyers advise on a wide range of Energy & Infrastructure projects.
How We Can Help
We are involved in advising on energy and related projects of various types: eg. coal-fired energy and an LNG power plant. We are active in multiple wind, solar, and hydropower projects.
We have advised our clients in other infrastructure projects, including mining, seaports, water plants, road, and bridge construction.
Notable Non-renewable Energy matters
Undisclosed insurance company
Acting for a foreign financial institution which is the guarantor of a US$2 billion credit facility for a 1,200 MW coal power project located in Nam Dinh Province; it involves a complex financing structure and a substantial number of contracts (eg, EPC contracts, PPA, BOT contract, Government’s arrangement fee, loan agreements, security documents, land lease agreements, coal supply agreement, etc).
Serve as outside counsel and provide broad representation to Gazprom on a wide range of licensing, internal corporate and external issues, that arise from its ongoing oil and gas operations/projects in Vietnam including new investments.
Acted as Vietnam counsel along with Skadden Arps, Slate, Meagher & Flom in respect of issuance of a US$650million corporate bond by an Indonesian oil company secured in part by client’s Vietnam oil and gas assets.
Energy Capital Vietnam
Acting for ECV which will build a 3,200 MW LNG power plant. We have assisted in the MOU process, advised on steps to license, advised on legal issues, commented on feasibility study, prepared or reviewed documents for government submission, formed a local entity, and otherwise assisted in all preliminary steps.
Act for a foreign financial institution which will provide overseas investment risk insurance for a 1,200MW coal fired power project in Hai Duong Province. The Project is invested in the form of a Build Operate Transfer Project. Comment on Government guarantee, security arrangement and on complex land arrangements.
Notable Renewable Energy, Solar, Wind Power matters
Assisting a foreign fund and a Japanese bank in their joint investment in approximately 15 separate, mixed solar and wind projects, each in a unique Vietnamese company and totaling approximately 1,000MW. Investment will all be in the form of equity-linked notes.
Assisted Ayala Energy (Ayala Group) in a joint venture with local investors for the development of two 50MW solar power projects in Khanh Hoa and Binh Thuan Provinces, and a wind power project in Quang Binh Province; prepare and negotiate investment agreement, joint venture contract and other project documentation; undertake regulatory process to obtain approval of their foreign investment and involving the infusion of foreign capital.
Assisting Ayala Energy (Ayala Group) in a joint venture with a large Vietnamese developer in connection with two solar power projects totaling 350MW in Binh Thuan Province; advising on project formation, development phases, investment procedures, foreign exchange issues; preparing and negotiating investment agreements, joint venture contract and other project documentation; assisting in private placement of different tranches of ordinary shares and preferred shares to Ayala Energy; assist to review and negotiate project finance documentation.
Prepared, negotiated and coordinated documentation to acquire a significant stake in the project company for a 40MW solar power project in Binh Thuan Province; assisted the project company to review EPC contract with a foreign contractor. Subsequently, assisted Pacifico to sell a portion of its interest in the project to a foreign fund.
Advised on corporate structure, project formation, tax and investment incentives for solar and wind projects; conducted due diligence investigations for potential investment in solar projects in Ninh Thuan Province, (30MW) and two additional solar projects (50MW and 40MW) in Binh Thuan Province.
Assisted a foreign bank to conduct due diligence investigations on two solar projects (with a total capacity of 100 MW) which the foreign bank would fund. The DD work focused on licenses, permits, power purchase agreements and land matters.
Ranemoi Energy Pte Ltd
Advised on basic business model, corporate structure and applicable taxes for wind and solar projects under consideration.
Assisted investor which had a commitment from local province for land, in a potential solar power project; assisted in structuring the investment, including working with local governmental agencies and higher competent authorities to revise feed-in tariff (parties eventually failed to conclude negotiations satisfactorily, resulting in abandonment of the project).
Notable Hydro Power matters
Acted in a proposed acquisition of a hydropower plant, including extensive legal due diligence investigation of the plant under construction, legal advice on all issues relevant to investment and operation of the plant, and assistance in working with competent government authorities in respect of licensing, investment and related issues.
Undisclosed investor from Indonesia
Advised on legal framework for investment in hydro power plants, including public-private partnership framework, power purchase agreement, and advised on potential acquisition of several hydro power plants held as collateral in favor of banks.
Other Notable Energy Related matters
Castle Harlan, Inc, CHAMP Private Equity Pte Ltd and Lime Rock Partners
Acted along with Chamberlain, Hrdlicka, White, Williams & Aughtry for a group of foreign investors in connection with their acquisition of a fleet of offshore drilling rigs from Transocean Inc of which two rigs were located in Vietnam.
Advise PVGas, a state-owned company, on matters involving an EPC contract for an offshore pipeline project.
Acted for a foreign fund to acquire a significant number of shares in PVD, a subsidiary of PetroVietnam.
Oil States Industries (Asia) Pte Ltd (OSI)
Assisted OSI in a joint venture with Petroleum Trading and Drilling Technical Service Company Ltd, which is a subsidiary of PetroVietnam. Prepared joint venture documents to manufacture, supply and thread API pipe connections.
Acted as borrower’s counsel in the US$115 million syndicated financing of the purchase of a drilling rig/jack-up platform by an affiliate of the state-owned corporation, Vietnam Oil and Gas Group (PetroVietnam).
Assisted in relation to the client’s potential wind power project in Binh Thuan Province up to the stage of obtaining a foreign contractor license (ultimately, project did not go forward).
Stone and Webster
Acted independently for EPC contractor in proposed investment in a private power plant to serve the Cai Mep Industrial Park in Ba Ria-Vung Tau, including drafting, reviewing off-take agreements, power purchase agreements, financing documentation.
Kreditanstalt für Wiederaufbau and Deutsche Investitions-Und Entwicklungsgesellschaft MBH
Acted in respect of the financing, restructuring and expansion of a private power project near Ho Chi Minh City, including review, comment, revision and drafting of documentation.
Undisclosed Japanese bank
Acted as Vietnam counsel for the bank to provide overall financing for its client, an intended investor in the Nam Con Son gas pipeline project, including review, comment, revision of documents, and assessment of the project’s planned compliance with environmental standards. The bank’s customer disposed of its interest shortly before closing and our representation terminated.
Acted on behalf of a consortium member in respect of the engineering and design contracts for the Dung Quat refinery construction project; related due diligence work.
Assisted in Vietnam-related work under the global acquisition of Production Tester’s oil well assets, including stake in joint venture with PetroVietnam in Vietnam, conducted due diligence review of Vietnam assets and prepared acquisition documentation.