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

Foreign Investment in Emerging Markets

Let’s suppose you are advising the owner of a business, who would like to take advantage of business opportunities in an unfamiliar market in the so-called ‘developing world’. It is probable that one of the first things the business owner will want to do, is learn about the market itself: the demographics in that market, the size of the population, its buying-power and GDP, the … Continue reading Foreign Investment in Emerging Markets

LNG Price Review – the Asian Context

The concept of price review A number of long-term contracts for the sale and purchase of LNG contain price review provisions. But commentators will remind us[1] that price review provisions are contrary to the principle of sanctity of contract, because a contract should be performed just as it reads, as that is what the parties to it have agreed, having taken into account the risks … Continue reading LNG Price Review – the Asian Context

Oman Labour Law and Manpower Issues

Yet again, there has been a certain amount of commentary in Oman in recent weeks on the subject of the ‘no objection certificate’, or ‘NOC’. The practise in question gives an employer in Oman the power to grant or refuse a NOC to a non-Omani employee. The “objection” or “no objection” in this case, is to the employee’s proposed ‘transfer’ to another unrelated employer. What … Continue reading Oman Labour Law and Manpower Issues

Indonesia – The New Capital Investment Regime

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

Due diligence in a developing market

As a preliminary step for anyone wanting to do business in a developing market, extensive due diligence is an absolute must. Your due diligence should cover not just the business climate, the economic drivers, and the competition you could face in the new market, but also confirmation that your planned business is permitted in the new market, the applicable regulations for setting up your new … Continue reading Due diligence in a developing market