Transport
JunHe has been providing legal services in the public utility and infrastructure sector for more than 20 years, along the way accumulating broad-ranging experience and establishing itself as the market leader in this area of legal practice.
We have worked extensively in the area of transport, providing legal services for investment, financing, construction and operation of a wide range of infrastructure projects including ports, docks, roads, bridges, airports, rail transport and public parking. Such projects tend to be extremely sophisticated for their involving a large variety of rules and practices concerning the allocation and utilization of natural resources, urban and rural planning and design, capital construction procedures, urban management, concession of municipal infrastructure and public utilities, and environmental protection, and for their interacting with the norms of investment, financing, labor, taxation, and safety.
Our infrastructure and project financing team has completed numerous landmark and showcase projects. As the transport sector turns increasingly to the market for solutions, and with the widespread use of the Public-Private Partnership (PPP) model, we continue to contribute, providing input into the drafting of national legislation, undertaking theoretical research, all the while sharing the experience gained from our practice in this area.
Legal services JunHe provides for transport projects include:
Overall project structuring as well as the design of legal structures for equity investment and debt financing;
Local application of development models that are used internationally for infrastructure, public utility and project financing in the context of PPP, such as build-operate-transfer (BOT), transfer-operate-transfer (TOT), build-transfer (BT), build-own-operate (BOO), etc.;
Legal services for investors, developers and operators in relation to public procurement process, including request for proposal, bidding, competitive price consultation, and government procurement;
The drafting, reviewing, negotiating and demonstrating of project PPP/BOT/TOT/BT/BOO documents;
Drafting, reviewing and negotiating project and financing documents, and assistance in closing;
Comprehensive legal advice throughout project construction and operation period;
Legal services for securitization of project assets, including drafting, review and negotiation of legal documents;
Settlement of project disputes, including consultation and representation in administrative, civil and arbitration proceedings.
Recent Representative Cases
Beijing Subway Line 4 (2004-2011)
As legal counsel to Beijing Subway Line 4 Investment Co., Ltd., JunHe provided full legal services on the investment, financing, construction and operation of the project throughout all phases of the project development, including structuring, approval, and implementation. As legal counsel to Beijing Municipal Commission of Transport, JunHe provided legal services on the review of concession agreement and the evaluation of implementation results. This is the first urban rail transport PPP project in China. The overall length of the main line is approximately 28.2 kilometers, and the total investment in the project is approximately RMB 15.3 billion.
Shenzhen Subway Line 6 (2013-2016)
As legal counsel to the Development and Reform Commission of Shenzhen Municipality, JunHe provided legal services on contractual negotiation and bid evaluation, including the review and negotiation of the framework agreement, the concession agreement and the operation and service agreement. The overall length of Line 6 is 37.85 kilometers, and the total investment in the project is approximately RMB 23.800 billion.
Xingyan Highway PPP Concession Project (2014-2016)
Acting on behalf of the Beijing Municipal Commission of Transport, JunHe provided full legal services for the Xingyan highway PPP concession project. The overall length of the highway is approximately 42.2 kilometers, and the total investment in the project is RMB 13.1 billion. This is the first highway PPP project in China for which the private investors were determined through public tendering.
Beijing Rail Transit New Airport Line PPP Project (2016-2017)
The total investment in this new airport line project is approximately RMB 29.2 billion, of which RMB 17.3 billion is financed by private investors. Concluded in August 2017, this project took an innovative approach in applying the PPP Model for rail transport, with representatives of the government funder and private investors jointly establishing a project company to undertake the concession. JunHe acted on behalf of Beijing Infrastructure Investment Co., Ltd. and Beijing Municipal Commission of Transport in this project and is the only law firm that has participated in all the PPP projects of Beijing railway transport.
Deep Sea Port Project in Southeast Asia (2014-2018)
Acting on behalf of a consortium led by a State-owned investor, JunHe provided full legal services for this deep seaport project in Southeast Asia, including the design of transaction structure, the drafting and review of transaction documents, and negotiation. This has been one of the most important projects to date under the “One Belt and One Road Initiative.”
Suburban Railway Socialized Financing Project in a Municipality Directly under the Central Government (2021 – Present)
JunHe provides full legal services for the representative of government investors. The scope of services includes provision of comprehensive legal services such as transaction structure design demonstration, drafting and review of transaction documents, and participation in negotiations. This project is one of the important projects of market-oriented reform in railway field.
