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Should I form a Joint Venture or a Consortium?

Although the words “joint venture” (incorporated or otherwise), and “consortium”, are sometimes used synonymously, in particular in infrastructure projects, and hydrocarbons exploration, they are not the same thing. Broadly speaking, both the joint venture and the consortium concern the pooling of resources by hitherto un-associated parties, in order to carry out some piece of work, or tender for something. But there are several difference between … Continue reading Should I form a Joint Venture or a Consortium?

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Singapore … the hallmarks of a “smart nation”

On 1st February this year, the Singapore Parliament took an important step towards shifting the country away from the unnecessary use of paper in carrying out commercial transactions. One such unnecessary use of paper has been in the use of physical bills of lading in maritime trade, as evidence of a contract of carriage and as a receipt for the relevant goods. The step taken … Continue reading Singapore … the hallmarks of a “smart nation”

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Changes to Qatari Labour Law

In 2020, Qatari labour law was amended granting better rights to employees[1]. In addition, a national minimum wage was introduced, taking effect in March 2021[2], and perhaps even more significantly, employees can now transfer from one employer to another in Qatar without the need to obtain his or her current employer’s consent[3]. The revised Qatari labour law has amended the termination of employment requirements, such … Continue reading Changes to Qatari Labour Law

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Investing in Indonesia – pitfalls and opportunities

It is true that the pitfalls to successful investment in Indonesia are potentially plentiful, and yes indeed, whether or not Indonesia will be a profitable investment option in 2021, will depend at least partly on the roll-out of a Covid-19 vaccine in Indonesia, and a host of other things Continue reading Investing in Indonesia – pitfalls and opportunities

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Regulatory or contractual hurdles affecting LNG projects

Developing a viable LNG regulatory infrastructure A viable regulatory infrastructure for LNG projects wherever they may be located, should include: effective applicable regulation, and effective contractual remedies in situations where the parties are in disagreement. This post will briefly summarise the scope of these two areas, as follows. Law and regulation: LNG regulation – what does it cover? Let’s first draw up a shortlist of … Continue reading Regulatory or contractual hurdles affecting LNG projects

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Doing business in South Africa – joint ventures

A foreign investor wanting to do business in South Africa, would most probably decide to set up a joint venture there. Many of the legal and business issues which apply to South African joint ventures, apply also to joint ventures in many other jurisdictions, but some matters are unique to South Africa Continue reading Doing business in South Africa – joint ventures

Floating storage and regas units (contd.)

“FLNG projects can be self-propelling, but some are towed to their installation site, so the FLNG facility is in some cases a sea-going vessel, and in others more of an off-shore platform A key question is therefore whether the FLNG facility is a ship when it is used in stationary operations …” This is the sister-post to my earlier post on the nature of a … Continue reading Floating storage and regas units (contd.)

Floating storage and regas units

“The question the draftsperson should ask themselves is whether we are dealing with a sea-going vessel, or something more like a land-based LNG import terminal. FSRUs can and often are designed for operation not so much as LNG carriers, but instead as facilities which are semi-permanently located at the relevant import terminal.” Readers may like to read a recent post on this subject, at the … Continue reading Floating storage and regas units

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Waste-to-energy projects in Indonesia

As with most parts of the developed and developing world, countries have been signing up in recent years to switching to green or renewable sources of energy. Indonesia is one such country, and one step which Indonesia has taken in that direction has been by promoting waste-to-energy projects. In 2018, regulation was passed with a view to promoting or facilitating waste-to-energy projects in certain specific … Continue reading Waste-to-energy projects in Indonesia

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Cross-border work in an emerging market

What I am about to say is not new … I have been saying this kind of thing to my clients for decades. But it warrants repetition, because every year there are new players in the markets, and many are new to the game. So some guidance always helps. Transactional work carried out in the emerging markets often involves parties from different legal jurisdictions, for … Continue reading Cross-border work in an emerging market

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Indonesia – what makes it attractive to investors?

Much has already been published as to why Indonesia is a very good place to do business in, and quite a lot also as to what some of the difficulties are, which are specific to Indonesia. For purposes of this paper, let’s focus just on reasons for doing business there. We will look at the problem areas, in a separate post. Indonesia has a large … Continue reading Indonesia – what makes it attractive to investors?

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Doing business in Indonesia

It is interesting to see what has changed, and what has not, in the past 23 years, because 23 years ago, I was seconded to Jakarta by a law firm now widely known as ‘Dentons’. In those days, it was ‘Denton Hall’; and some years prior to that, when I joined them, it went by the even longer name ‘Denton Hall, Burgin & Warrens’! Foreign … Continue reading Doing business in Indonesia