Cross-border transactional work is a tough cookie, and even after three decades of ‘watching that space’, I am still not sure if I can see any real clarity! Take for example, a loan arrangement negotiated in Indonesia. Let’s assume that the lender is a ‘global bank’, for example an entity incorporated in Japan, but with global reach. The lender may kick-off negotiations using a loan … Continue reading So what’s all the fuss with cross-border transactions?
This post will focus mainly on joint ventures and joint operations in the upstream hydrocarbons industry, but many of the issues and solutions discussed here are equally applicable to joint ventures in other industry sectors So, to begin! The question of default – how to avoid it, or to deal with it, if it cannot be avoided – involves an area of serious risk for … Continue reading DEFAULT, AND HOW THIS CAN BE DEALT WITH IN A JOINT VENTURE
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?
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
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
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?
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
Recent amendments to the Indonesian capital investment law (Law No. 25 of 2007) warrant discussion. This law concerns capital investment of all kinds, whether domestic or foreign. For purposes of this article, we will call the revised capital investment law, the ‘Law’. A key change in the Law is the introduction of lines of business and/or activities which are reserved for the Indonesian central government. … Continue reading Indonesia – The New Capital Investment Regime