Countertrade & Cross Border Transactions

Our Countertrade and Cross Border Transactions Practice is highly specialised and includes:

 

  • Counter purchase transactions involving the delinking of contractual performances such that one transaction can go forward even though the performance of the second transaction requires more time.

  • Buy-back transactions where one party agrees to provide equipment or technology in exchange for goods produced through the use of supplied equipment and technology.

  • Production sharing transactions used in mining and energy projects where the developer is paid out of a share of the production of the mine or well.

  • Offset arrangements designed to "offset" the negative effects large purchases from abroad create on the current account of a country.

  • Swap arrangements involving the swapping of government debt for something else, including debt, equity, products, nature preservation, and education.

  • Clearing Arrangements where clearing accounts are established to track debits and credits of trade.​

 

Public Private Partnership (PPP)

Our expertise includes:

 

  • Structuring and drafting of tender documents, PPP contracts and the other agreements related to the PPP framework;

  • Advising on best procurement for bidding and on risks analysis;

  • Advising on property, planning, environmental law, banking, competition law and intellectual property aspects of the agreements

  • Advising on implications of contract terms such as payment mechanisms, termination clauses and step-in rights.

We previously acted as legal counsel for local law to PUB’s project consultant in Singapore’s first PP project – the establishment of a desalination plant by way of a Design-Build-Operate-Own model. We have also acted as Head Project Counsel in the US$5 billion Bakun Hydro-electric Power Build Operate and Own Project in Malaysia and have been involved in various aspects of Defence PPPs.

Contact:
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Woo Tchi Chu