Energy

Recognition

RDL has been highly recommended by asialaw for the practice area of Energy & Natural Resources and well­rated by Legal 500 Asia Pacific for Projects and Energy regularly since 2016. 

In addition, the firm received an “Honourable Mention” for its work in the Energy sector from the Inhouse Community (a community of over 17,000 In-House Legal and Compliance Professionals in Asia and the Middle East) after its 2023 survey.

Clients & Services

Clients in the energy sector include global giants in the oil, gas and petrochemicals sectors as well as their many contractors and partners. We have also acted for corporations that are in the business of power generation, renewable energy and the supply of utilities.

We have advised such clients on many aspects of their businesses – for example, their initial investment in Malaysia, the establishment of local entities, licensing and regulatory requirements, mergers and acquisitions, contract documentation, project development, establishment of petrol stations, tax planning, technology needs and dispute resolution. Projects in which we have been involved include projects for the construction of dams, power plants and the supply of utilities. Our experience extends to drafting agreements relating to renewable energy, such as those under the Kyoto Protocol.

Such briefs have led to our familiarity with various different issues frequently encountered by entities in the energy industry. Our widescale experience encompasses both upstream and downstream activities. 

Project Transactions

Some of the specific projects in which we have been involved are:

• the Bakun Hydro-electric Dam;
• the on­site construction and lease of an air separation unit with utility supply for an industrial plant;
• an anaerobic treatment plant using an Upflow Anaerobic Sludge Blanket system;
• contracts to provide services and equipment for offshore oil and gas extraction facilities;
• the construction of a petroleum facility in Africa;
• the fabrication, construction, testing and pre-­commissioning of a deck and deck support frame for an offshore platform.

Dispute Resolution

If any dispute should arise, our acclaimed dispute resolution practice group has tremendous experience in representing clients both in the Courts and before arbitration tribunals. Listed below are notable cases that we have dealt with, involving:

• the Pergau Hydro-electric Dam;
• an oil and gas fire at a port;
• Terminal Usage Agreements for storage, blending, and discharge of petroleum products at a port;
• an electric power plant in Penang;
• an ammonia and urea production plant;
• Petrodar Pumping Facilities, Sudan;
• the Manjung thermal power station;
• a centralised petroleum tankage facility;
• the onshore fabrication and construction of offshore oil platforms;
• the shipping and installation of modules of a pre­fabricated compression platform at an offshore location;
• a collision between a supply vessel and an offshore oil rig;
• the recovery of shortfalls in capacity and energy payments from a state-owned utility company under a Power Purchase Agreement between our client, a Malaysian independent power producer, and the state-owned utility company.

Renewable Energy and the Environment

In the renewable energy space, we have advised on various aspects of the legal spectrum, such as the choice of corporate structures for the commencement of business, the supply and/or purchase of renewable energy and regulatory issues relating to the offering of renewable energy solutions (ranging from solar power generation capabilities to power generation from hydro-electric power plants).

Well before ESG was even a buzz word, we assisted in respect of various projects under the Clean Development Mechanism for the purposes of reduction in greenhouse gas emissions in accordance with the Kyoto Protocol and the United Nations Framework Convention for Climate Change which includes the sale of certified emission reductions. Other examples of our work in this area include supporting our clients in the business of clean energy, notably, the treatment of palm oil mill effluent or palm oil mill waste or by-products to produce renewable energy for sale. We have advised various clients operating in Malaysia in respect of all relevant regulatory and licensing requirements arising from energy-related legislation.