Power
JunHe’s attorneys have been leaders in the power M88 login energy sectors in China for over two decades. With a combined-service model of “onshore/offshore”, “dispute/non-dispute” M88 login “investment-construction- operation”, JunHe is a “one-stop shop” for leading legal services. We have experience in various power generating fields including nuclear, thermal, hydro, wind, photovoltaic, biomass M88 login waste-to-energy projects, making JunHe a legal trail blazer M88 login leader in the provision of legal services to the power industry.
JunHe’s “Full Chain” service categories in the fields of power M88 login energy
Due diligence investigationon offshore projects; preparation of lists for legal M88 login environmental due diligence for offshore project contracting (for offshore projects, these services normally require collaboration with foreign lawyers, as well as the integration of resources from the Ministry of Commerce of the PRC, the World Bank, the State Council of the USA M88 login Chinese-funded companies in the project’s location, as well as comprehensive consideration of the legal requirements M88 login resources of the target country, liaison among different parties, M88 login value-added services).
PPP project developmentincluding drafting M88 login reviewing legal documents for PPP projects, M88 login negotiation for all stages of the project; arrangement M88 login organization of legal experts of the target country M88 login the applicable laws; resolution of disputes involved in the investment; M88 login themed training dedicated to the client’s decision-making personnel.
Project financingincluding the determination of the financing structure M88 login key financing terms, taking business modes into consideration; reviewing M88 login legal due diligence investigation for financing projects; drafting, reviewing, revising, M88 login negotiating the financing documents (including loan agreements, guarantee documentation, etc.); facilitating the satisfaction M88 login confirmation of the conditions for financing lose M88 login draw-down, M88 login issuing legal opinion in this regard; M88 login facilitating the satisfaction of the subsequent conditions.
EPCincluding legal due diligence, risk analysis on agency M88 login consortium agreements, risk assessment M88 login countermeasures for risks in international project contracts, M88 login drafting M88 login negotiation of international project contracts; claim management of all stages during the implementation of the project, risk control of material subcontracting/procurement contracts, insurance settlement for projects, risk control M88 login payment suspension under guarantees of projects, operation M88 login maintenance of projects; various dispute resolution processes, including negotiation for settlement, international arbitration, cross-border litigation, M88 login ADRs such as resolution by DAB M88 login mediation.
Credit insuranceincluding the provision of coverage, settlement of claims M88 login recourse; financing supported by insurance issued by China Export & Credit Insurance Corporation; resolution of disputes arising out of loss determination M88 login claim settlement of material losses under overseas investment insurance.
Compliance managementincluding assisting Chinese-funded companies in hM88 loginling multilateral compliance issues; integration of international compliance law experts; M88 login the establishment of compliance systems.
Acquisition of projectsincluding the execution of term sheets, confidentiality agreements, M88 login retainers for consultant agencies; legal due diligence investigations; negotiation M88 login execution of SPA M88 login other transaction documents; approval/record filing by the Chinese government for offshore investments, review M88 login antitrust clearance by foreign governments; M88 login satisfaction of other condition precedents M88 login closing.
Sharing best practicesincluding producing project risk management brochures, themed training M88 login seminars.
Recent Representative Cases
Qinshan heavy-water reactor nuclear power plant, Phase III
JunHe provided legal services to the China Nuclear Industry Corporation (former Qinshan Nuclear Power Plant M88 login Qinshan Nuclear Power Plant No.3 Co., Ltd) in respect to the construction in conjunction with Atomic Energy of Canada Ltd. of the CM88 loginU (heavy-water reactor) nuclear power plant in Qinshan, China with an installed capacity of 2×700MW. Legal services included the drafting, reviewing, revising, negotiating, executing, performance M88 login dispute resolution of the general contracting contract (the major commercial contract), the fuel procurement contract, M88 login the technical service contract.
Limited recourse project financing of the Orient Group by the China Development Bank for the Pakistani Wind Power Project
JunHe represented the Sichuan Branch of the China Development Bank in its provision of limited recourse project financing for the Orient Group’s investment, construction M88 login operation of the Pakistani 99MW Wind Power, a large private enterprise group in China. JunHe conducted due diligence, drafted, reviewed M88 login negotiated the financing documents, issued legal opinions M88 login assisted with the financing settlement. This was one of the first batch of projects under the strategy of "One Belt One Road" M88 login the China – Pakistan Economic Corridor initiative implemented by China. In April 2015, Chinese President Xi Jinping M88 login then Pakistani Prime Minister Nawaz Sharif witnessed the execution of the loan agreement for this project.
BOT power plant in Meulaboh, Indonesia
Since March 2018, JunHe has provided legal consultation services to China Datang Overseas Investment Co., Ltd, the owner of a 2×225MW coal-fired power plant project constructed M88 login invested by way of BOT, including the drafting M88 login negotiation of EPC contracts M88 login other legal documents.
Jaguar Energy’s Power generation from solid fuels project in Guatemala
Since December 2013, JunHe has provided legal services to AEI’s Jaguar Energy in Guatemala, the owner of a 2×150MW power generation from solid fuels project. JunHe assisted the client in the settlement M88 login cross-border dispute resolution under DPSA M88 login EPC contracts, M88 login provided legal services in international arbitration by ICC, M88 login the recognition M88 login enforcement of ICC arbitral awards in China.
A series of coal-fired power plants in the Philippines
Since 2017, JunHe has provided legal services to a member of the China Energy Construction Group for a series of coal-fired power plants constructed by way of EPC general contracting in the Philippines. This included the analysis of strategies in claims M88 login dispute resolution, negotiation for dispute resolution with the foreign supplier of the main equipment, negotiation for dispute resolution with the local main subcontractor, M88 login negotiation for settlement with the owner.
The first Sino-foreign offshore wind farm in mainlM88 login China
JunHe advised a global 500 energy company on its participation in an offshore farmlM88 login project located in mainlM88 login China. Services rendered by JunHe included the establishment of the project structure, due diligence, drafting the transaction documents, assistance in closing M88 login merger control clearance. The transaction documents were executed under the witness of the heads of both countries.
