siaw wan.jpg

Lim Siaw Wan

Partner

Practice Area:

Construction & Projects
Energy & Natural Resources

LLB (Hons), University of Leeds
Barrister-at-Law, UK
Advocate & Solicitor, Malaysia

T +603 2273 1919
E siawwan.lim@christopherleeong.com

Siaw Wan is a Partner in Christopher & Lee Ong’s Projects & Infrastructure Practice Group.

Siaw Wan specialises in front end construction and has over a decade worth of experience in the project development space. She has worked on projects such as conventional power, renewable energy (solar, biomass), rail (light rail transit, mass rapid transit) and infrastructure and has advised on and completed negotiations in relation to concession agreements, power purchase agreements ("PPA"), design and build contracts, EPC contracts, project development partner agreements, handing over and operating agreements, operation and maintenance agreements and service agreements.

She has also acted for local and foreign parties in mergers and acquisition transactions of local private companies in various sectors including food and beverage, service, multimedia and manufacturing industries.

Siaw Wan is listed as a Leading Individual in Projects by The Legal 500 Asia Pacific 2019-2022, and a Rising Star by IFLR1000 2019-2022 in Project Development covering the industries of construction and materials, energy, oil & gas and transport.

Experience
Construction & Projects
  • Acted as the external legal counsel for a Malaysian SPV company in the telecommunications industry owned by the Ministry of Finance Malaysia on the deployment of IBS in approximately 250 buildings approved by the Malaysian Communications and Multimedia Commission ("MCMC") in connection with the nationwide 5G rollout in Malaysia.
  • Acting as counsel for a special purpose vehicle for the installation, commissioning, operation and maintenance of electric vehicle charging stations in designated locations in Kuala Lumpur City Centre. The scope covers a turnkey arrangement with the building owner, and downstream contracts for the entire scope with contractors and suppliers for a period of 15 years.
  • Acting for the operator of the mass rapid transit in Malaysia on the handing over and operating of the second phase of mass rapid transit including negotiating and drafting all relevant project documentation.
  • Acting for the operator of the feeder bus services of the second phase of mass rapid transit in Malaysia on the handing over and operating of the feeder bus services including negotiating and drafting all relevant project documentation.
  • Acting as project counsel for the engineering, procurement, construction, testing and commissioning of a Combined Cycle Gas Turbine Power Plant with a net capacity of 1,200 MW in Gurun, Kedah Darul Aman. Our scope of work covers the management, coordination and implementation of the engineering, procurement and construction ("EPC") tender exercise, the drafting, negotiation and finalisation of the EPC contract, the power purchase agreement ("PPA"), gas supply agreement, long term service agreement, operation and maintenance contract, consultancy and services agreements.
  • Acted for one of Malaysia's largest oil and gas companies in developing compliance checklists and legal registers and provision of training for over 100 federal legislations and their corresponding subsidiary legislations, and over 600 state legislations for all of its operating subsidiaries in Malaysia.
  • Advised a Germany-based manufacturer-independent integrated solar developer for the preparation of bid for the large-scale solar project in Malaysia, including advising on structuring, contractor requirements, land related matters and development of solar projects in Malaysia, and the preparation of term sheets in relation to the engineering, procurement and construction contract and the operations and maintenance contract. Upon successful bidding, advising on project implementation and requirements to develop and finalise the relevant project documentation.
  • Advised a sponsor on the development of a 1,200MW combined cycle gas turbine power plant in Pulau Indah, Klang, Malaysia including drafting, negotiation and finalisation of the engineering, procurement and construction contract ("EPC contract") for the power plant and the EPC contract for the transmission line works and the long-term service agreement.
  • Advised a multinational retailer and its Malaysian subsidiary in its investment in the generation of electricity from rooftop solar photovoltaic panels with a total generating capacity of 10MW and the preparation and revision of template agreements including framework agreement, private power purchase agreements (which includes a net energy metering component) and lease agreements.
  • Advised and assisted a foreign company and its Malaysian subsidiaries in the business of leasing rooftop solar panels in a share acquisition by an equity fund focused on renewable energy projects in emerging markets including the review of private power purchase agreement and equipment lease agreements and advising on regulatory compliance and licensing of individual power producers and the application of net energy metering certification by the private power producers.
  • Advised the principal adviser and lead arranger in connection with the development of the interconnection and shared facilities for the largest twin floating solar photovoltaic project in the world where the project carries with it each a 30MWac capacity and was awarded by the Energy Commission of Malaysia under the second large scale solar project ("LSS2"). It is located at Empangan Sungai Terip and EmpanganKelinchi in Negeri Sembilan. This includes advising on land matters pertaining to the creation of lease, tenancy and private caveat, land subdivision and conversion of category of land use, in respect of the project site; and reviewing and/or preparing multiple project documents to undertake three concurrent projects, including the turnkey contracts, the engineering, procurement and construction contracts, the operation and maintenance contracts, the lease and tenancy agreements and shared facilities agreement.
  • Acting for a foreign sponsor, a leading integrated energy company based in Thailand, on the development of a solar farm in Kuala Paka, Terengganu, Malaysia as part of the Malaysian Energy Commission’s Large Scale Solar Photovoltaic Project. Advising the client on the review of primary contracts for their investment including the Power Purchase Agreement, drafting and reviewing the Shareholders Agreement, Engineering, Procurement and Construction Contract, Operation & Maintenance Agreement and the Land Lease Agreement.
  • Advising a special purpose vehicle project company to provide legal assistance in relation to the construction and development of facilities with a 2.1 million cubic metres of storage capacity and a deepwater jetty with 12 berths on 157 acres of land situated in Pengerang, Johor, Malaysia, including advising, drafting, negotiating and finalising the land access, power purchase, nitrogen supply, early crude tripartite agreement, and utilities agreements for the project.
  • Represented and advised a wholly owned subsidiary of a Chinese power development energy group in relation to contract management on the engineering, procurement and construction contract of a 48MW solar project in Kudat, Sabah.
  • Advised and represented a wholly owned subsidiary of a Chinese power development energy group with the drafting, negotiation and finalisation of an engineering, procurement and construction contract, subcontract and the service contract for a 10MW solar photovoltaic power plant located at Kuala Langat, Selangor. This project is part of the second round of tender of the large scale solar released by the Energy Commission.
  • Represented a wholly owned subsidiary of a Chinese power development energy group with the drafting, negotiation and finalisation of an engineering, procurement and construction contract for a 25MW solar photovoltaic power plant located at Pasir Gudang, Johor. This project is part of the second round of tender of the large scale solar released by the Energy Commission.
  • Represented a wholly owned subsidiary of a Chinese power development energy group with the drafting, negotiation and finalisation of an engineering, procurement and construction contract for a 5MW solar photovoltaic power plant located at Kuala Langat, Selangor. This project is part of the second round of tender of the large scale solar released by the Energy Commission.
  • Advised an all-weather multi-cargo deep seaport company in Malaysia in reviewing, advising, negotiating and finalising the Terminalling Agreement and the Letter of Comfort in relation to the transactional documents and advising on the legal obligations and any legal issues.
  • Representing the client, Malaysia's leading private medical and healthcare university, in advising, reviewing, negotiating and finalising consultancy agreements as well as legal compliance relating to the development and construction of the first patient-centric hospital by a private medical and healthcare university in Malaysia.
  • Advised a sponsor on the engineering, procurement, construction and commissioning of a coal jetty in Tanjung Bin, Malaysia, including advising and drafting the engineering, procurement and construction contract.
  • Advised a regional development bank, as the transaction advisor, and a State Government in Malaysia on the PPP Project to upgrade and maintain the road lighting.
  • Acted for an international retail company in the drafting of its design and build contract for fit-out works of its stores and offices in Malaysia.
  • Acted for a government-owned Malaysian infrastructure company in connection with the company's tender to design, manufacture, supply, delivery, integration and testing & commissioning of electric buses with associated on board, maintenance and central control equipment for the LRT 3 project, a new driverless light rail transit line in Kuala Lumpur. This includes the drafting, negotiating, and finalising the agreements for the procurement of buses, the maintenance, repair and overhaul of buses and the fleet leasing of buses.
  • Acted for one of the largest chocolate manufacturers in relation to its expansion of a production facility. The new facility located in the southern region of Malaysia will be a syrup production facility for the group. The scope of work involves drafting, negotiation, and finalising the Engineering, Procurement, and Construction contract in connection to the development of and construction of the syrup production facility.
  • Appointed to act for a government-owned Malaysian infrastructure company in connection with the company's tender to design and develop four catamaran passenger ferries in the northern region of Malaysia to operate alongside the existing ferries. This includes drafting and finalising the shipbuilding contract for its inclusion in the tender package, as well as negotiating, amending, and finalising the shipbuilding contract with the selected bidder.
  • Assisted a premium quality nitrile rubber gloves producer in relation to its tender to appoint a local consultant for its construction of a rubber glove production facility.
  • Acted for a Malaysian government-linked industrial group specialising in naval and commercial shipbuilding in connection to the joint construction of four Littoral Mission Ships undertaken with China's largest manufacturer of naval products.
  • Acted for the Malaysian subsidiary of one of the world's leading integrated oil and gas companies in connection to its tender to expand capacity and debottleneck work in relation to its storage, blending and packaging of lubricating oil Plant in Port Klang. This includes advising, drafting, and finalising all the primary agreements including the Engineering, Procurement, Construction and Maintenance Contract, Project Design Contract, Control System Design Contact, Equipment Supply, Installation and Commissioning Contract, as well as providing the General Equipment Supply Contract template and General Construction Contract template.
  • Advised a Singapore-based oil and gas company on the licensing regime in Malaysia in relation to the trading and storage of crude oil and hydrocarbon.
  • Advising a sponsor on the development, design, financing, construction, operation and maintenance of a 10MW biomass power project in Sarawak, Malaysia, negotiating and drafting project documentation including the power purchase agreement, consultancy agreements, biomass feedstock agreement and lease agreement.
  • Advising the project owner of the light rail transit in Malaysia of its construction, development and operation of the light rail transit including negotiating and drafting all project documentation including project development, operating, consultancy and services agreements.
  • Acted for a pharmaceutical company in relation to the financing and construction of a vaccine facility and manufacturing plant including drafting the engineering, procurement and construction contract.
  • Advised a sponsor on the development, design, financing, construction, operation and maintenance of a 260MW hydroelectric power project in Lao PDR, including negotiating and drafting all project documentation including the concession agreement, the power purchase agreement and land lease agreement.
  • Advised a sponsor on the development, design, financing, construction, operation and maintenance of a 180MW hydroelectric power project in Lao PDR, including negotiating and drafting all project documentation including the concession agreement, the power purchase agreement, the engineering, procurement and construction contract and land lease agreement.
  • Advised a major independent power producer on the development, financing, construction, operation and maintenance of a 1000MW coal fired plant in Malaysia. Assisted in the bidding exercise and upon successful bidding, negotiated and drafted all project documentation including the power purchase agreement, the coal supply and transportation agreement, the turnkey contract, the engineering, procurement and construction contract, the operation and maintenance agreement, the shared facilities agreement and the lease and sub-lease agreements.
  • Advised a sponsor on a bid to extend the first generation PPA in respect of a 1303MW combined cycle gas turbine in Malaysia and upon successful bidding, negotiated and drafted all project documentation including the power purchase agreement and the gas supply and transportation agreement.
  • Advised a major gas distribution company in Malaysia in relation to its gas supply agreements and gas transportation agreements including drafting gas supply agreements for approximately 700 customers and gas transportation agreements with gas pipeline owners.
  • Advised the largest IPP in Sarawak in relation to the contract administration and dispute arising out of its power purchase agreement in respect of a 2400MW hydroelectric project in Sarawak, Malaysia.
  • Advised an independent power producer in relation to the contract administration in relation to a 1000MW coal fired plant in Malaysia, including contractual disputes arising from the engineering, procurement and construction contract.
  • Represented a major independent power producer in arbitration proceedings in respect of disputes arising from a power purchase agreement entered into with a national power authority in respect of a 350 MW combined cycle gas turbine power plant in Malaysia.
  • Represented a major independent power producer in arbitration proceedings in respect of disputes arising from a power purchase agreement entered into with a national power authority in respect of a 1303 MW combined cycle gas turbine power plant in Malaysia.
General Corporate
  • Advised a United Kingdom company in establishing and setting up a business in Malaysia as an electrical service provider, including electricity regulations and licensing requirements.
  • Advising and preparing project documentation for a Dubai major oil company in relation to the acquisition of rights to develop a semi-constructed storage terminal for crude oil and refined products in Malaysia, including the sale and purchase agreement, the escrow agreement and the shareholders’ agreement.
  • Acted for Envictus International Holdings Ltd in its acquisition of 100% stake in Lyndarahim Ventures SdnBhd, the holding company of San Francisco Coffee.
  • Acted for an American company as Malaysian counsel in the acquisition of 100% stake in a television and video network company.
  • Acting for an American company in the acquisition of 100% stake in a conveyor belts manufacturing company.
General Disputes
  • Representing an American major oil company in an arbitration conducted under the UNCITRAL Arbitration Rules in relation to a foreign exchange dispute arising out of a shareholders’ agreement entered into with a Malaysian oil company.
  • Represented and advising various international shipping companies in executing warrant of arrests including arrests in Kelantan, Johor, Selangor and Malacca.
  • Acted for a client against a High Court suit in a claim of over RM 5 million in relation to breach of fiduciary duty.
Memberships / Directorships
  • Member, Malaysian Bar
  • Member, Kuala Lumpur Bar
Publications
  • Author, "Construction Law - Malaysia", Chambers Global Practice Guide (June 2024)