JunHe’s attorneys have been proactive in the sectors of power and energy in China for over two decades, accumulating vast experience in these areas. With a combined-service mode of “onshore/offshore”, “dispute/non-dispute” and “investment-construction- operation”, JunHe is a “one-stop shop” for all-dimensional legal services. We have experience in various power generating projects including nuclear power, thermal power, hydropower, wind power, photovoltaic power, biomass power, and waste-to-energy projects, making JunHe a leader in the industry.
JunHe’s “Full Chain” service categories in the fields of power and energy
Due diligence investigation, including: legal due diligence investigation on offshore projects; preparation of lists for legal and environment due diligence for offshore project contracting (for offshore projects, these services normally require collaboration with foreign lawyers, as well as the integration of resources from the Ministry of Commerce of the PRC, the World Bank, the State Council of the USA and Chinese-funded companies in the project’s location, as well as comprehensive consideration of the legal requirements and resources of the target country, liaison among different parties, and value-added services).
PPP project development, including: drafting and reviewing legal documents for PPP projects, and negotiation for all stages of the project; arrangement and organization of law experts of the target country and the applicable laws; resolution of disputes involved in the investment; and themed training dedicated to the decision-making personnel and execution personnel of the clients, etc.
Project financing, including: determination of the financing structure and key financing terms, taking the business mode into consideration; review and legal due diligence investigation for the financing project; drafting, reviewing, revising, and negotiating for the financing documents (including loan agreements, guarantee documentation, etc.); facilitating the satisfaction and confirmation of the conditions for financing lose and draw-down, and issue legal opinion in this regard; facilitating the satisfaction of the subsequent conditions, etc.
EPC, including: legal due diligence, risk analysis on agency agreement and consortium agreement, risk assessment and countermeasures for risks in international project contracts, and drafting and negotiation of international project contracts; claim management of all stages during the implementation of the project, risk control of material subcontracting/procurement contracts, insurance settlement for projects, risk control and payment suspension under guarantees of project, operation and maintenance of projects; various ways of dispute resolution, including negotiation for settlement, international arbitration, cross-border litigation, and ADRs such as resolution by DAB and mediation, etc.
Credit insurance, including: provision of coverage, settlement of claims and recourse; financing supported by insurance issued by China Export & Credit Insurance Corporation; resolution of disputes arising out of loss determination and claim settlement of material losses under overseas investment insurance, etc.
Compliance management, including: assist Chinese-funded companies in handling multilateral compliance issues; integration of international compliance law experts; establishment of compliance systems, etc.
Acquisition of projects, including: execution of term sheets, confidentiality agreements, and retainers for consultant agencies; legal due diligence investigations; negotiation and execution of SPA and other transaction documents; approval/record filing by the Chinese government for offshore investments, review and antitrust clearance by foreign governments; satisfaction of other condition precedents, and closing, etc.
Sharing best practices, including project risk management brochures; high-end themed training and seminars, etc.
Recent Representative Cases
Qinshan nuclear power plant, Phase III
JunHe provided legal services under Chinese laws to the China Nuclear Industry Corporation, former Qinshan Nuclear Power Plant and Qinshan Nuclear Power Plant No.3 Co., Ltd., in respect to the construction in conjunction with Atomic Energy of Canada Ltd. of the CANDU (heavy-water reactor) nuclear power plant, with an installed capacity of 2×700MW, in Qinshan, China. The scope of services provided included the drafting, reviewing, revising, negotiating, executing, performance and dispute resolution of the general contracting contract (the major commercial contract), fuel procurement contract, and technical service contract, etc.
Limited recourse project financing for the Pakistani Wind Power Project of the Orient Group by the China Development Bank
JunHe represented the Sichuan Branch of the China Development Bank in its provision of limited recourse project financing for a project of the Orient Group regarding the investment, construction and operation of the Pakistani 99MW Wind Power, a large private enterprise group in China. The legal services provided by JunHe included conducting due diligence, drafting, reviewing and negotiating the financing documents, issuing legal opinions and assisting with the financing settlement. This project was one of the first batch of projects under the strategy of "One Belt One Road" and the China – Pakistan Economic Corridor initiative implemented by China. In April 2015, Chinese President Xi Jinping and Pakistani Prime Minister Nawaz Sharif witnessed the execution of the loan agreement for this project.
BOT power plant in Meulaboh, Indonesia
Since March 2018, JunHe has provided legal consultation services to China Datang Overseas Investment Co., Ltd, the owner of a 2×225MW coal-fired power plant project constructed and invested by way of BOT, including the drafting and negotiation of EPC contracts and other legal documents.
Power generation project from solid fuels by Jaguar Energy in Guatemala
Since December 2013, JunHe has provided legal services to AEI’s Jaguar Energy in Guatemala, the owner of a 2×150MW power generation project from solid fuels. They assisted the client in the settlement and cross-border dispute resolution under DPSA and EPC contracts, including providing legal services in international arbitration by ICC, and the recognition and enforcement of ICC arbitral award in China.