Shemane Chan.JPEG

Shemane Chan

Partner, Rajah & Tann Singapore LLP

Practice Area:

Construction & Projects
Energy & Resources
International Arbitration

LLB (Hons), University College London
Advocate & Solicitor, Singapore
Advocate & Solicitor, High Court of Malaya
Barrister, United Kingdom

T +65 6232 0285
E [email protected]

Shemane, a qualified lawyer in both Singapore and Malaysia, specialises in project and front-end construction work and has an MSc in Built Environment (Construction Economics and Management).

Shemane has been recommended in The Legal 500 Asia Pacific since 2014 for Projects and Energy, and Real Estate and Construction, Chambers Asia Pacific since 2014 for Projects and Energy, and International Financial Law Review 1000 since 2014 for Energy and Infrastructure. She is named as an Asialaw leading lawyer and also a nominated finalist for the 2015 Infrastructure Lawyer of the Year by the Asian Lawyer Emerging Markets Awards.

Experience

Shemane has vast experience in drafting procurement, construction, engineering, consultancy, concession, privatisation, dismantling and maintenance contracts. Her projects include acting for a consortium on its bid for the AssetsCo PPP project in respect of the KL-Singapore High Speed Rail project, advising an airport operator on the grant of concession to operate and maintain a co-generation plant to supply electricity and chilled water to an international airport in Malaysia, advising the preferred bidder on the development of a sea water desalination plant on a DBOO basis in Jurong Island, Singapore and advising the master developer for One Bangkok on the development of certain utility infrastructure (including electricity, potable water and recycled water, waste water and district cooling) on a DBOFT basis.

Her experience includes:

Energy and Resources
  • Acted for a power producer on the proposed development of a gas-fired power plant in Indonesia to supply electricity to a coal mine and associated facilities in Indonesia. 
  • Acting for a major developer in an integrated tourism project in Maldives lagoon, including the construction, operation and maintenance of a power plant and solar energy generating facilities. 
  • Advised a sponsor on its investment into a 1.6 Megawatt biomass power plant in the Myaungmya District in the Ayeyarwady Region of Myanmar. Role includes drafting the power purchase agreement, feedstock supply agreement and the EPC contract. 
  • Advising the lenders on the development, financing, design, engineering, construction, testing and commissioning of an up to 50MW solar power project in Ninh Thuan, Vietnam. Role includes carrying out due diligence on the project, reviewing the PPA, EPC and O&M agreement and other project documents. 
  • Advising one of the largest solar energy supplier in Singapore on the engineering & procurement contracts and operation & maintenance contracts for the purposes of project financing. 
  • Advised one of the stakeholders in respect of the Phu My 3 Power Plant, the first power project in Vietnam developed under the BOT model. 
  • Acting for a major American technology company on the purchase of solar energy from one of the largest solar energy supplier in Singapore to fuel its operations 100 per cent with renewable energy. 
  • Advised the existing operator of airports in Malaysia on the grant of an exclusive concession to take over, operate, maintain and upgrade an existing co-generation plant which supplies electricity and chilled water to an international airport and other facilities. Role includes advising on the procurement structure, drafting and reviewing the RFP documents, concession agreement, electricity supply agreement, gas supply agreement, chilled water supply agreement and other project documents.
  • Advised a major developer on the development of a pilot data centre park and a chilled water and power plant project in Singapore on a PPP basis. 
  • Advised an international contractor on its engineering, procurement, construction and commissioning contract for 2 power plants projects in Timor Leste and drafting its equipment supply contract and consultancy agreement, technical services agreement, sub-contracts, operation & maintenance contract and asset sale contract.
  • Advised the lenders on the S$700 million refinancing of the Keppel Merlimau Cogen Power Plant in Singapore. Role includes carrying out due diligence and risk analyses and reviewing the project documents. 
  • Advised the owner on the development of a co-generation power plant project in Indonesia and role includes drafting the EPC contract.
  • Advised the master developer of “One Bangkok” in respect of the development of utility facilities on a design, build, own, operate, finance and transfer basis to supply utilities (eg waste treatment, electricity, recycled and potable water and district cooling) to serve the master development. Role includes drafting the request for proposal documents, concession agreements, direct agreements and other relevant project documents.
  • Advised a major developer in respect of the development of a chilled water plant on a DBOO basis within its proposed development of a multi-utility hub in subterranean space under a public park. 
  • Advised the master developer on the development of what is conceived as Malaysia’s first international financial district with a gross development value of RM26 billion in respect of specialist infrastructure projects (i.e. electricity distribution, district cooling and waste water treatment plants). These projects are undertaken on a design, build, own, operate, finance and transfer basis. Role includes drafting the request for proposal documents, concession agreements, direct agreements and other relevant project documents.
  • Acted for a solar energy producer on the drafting of a power purchase agreement and rooftop lease agreement for use as its standard template for its customers.
  • Acted for a solar energy consumer on the drafting and negotiation of an electricity sale and purchase agreement. 
  • Advised an owner on the sale of certain power plant assets and role includes advising on the structure of the sale, drafting the RFP, asset sale contract and other project agreements.
  • Advised an international solar company on the drafting of various trade contracts, equipment supply contracts, EPC contracts and EPCM agreements for a solar energy plant valued at S$6.3 billion.
Transportation
  • Advised a preferred bidder on the concession to design, build, finance, own, operate and transfer a deep sea port in a special economic zone in Myanmar and role includes advising on the procurement structure and the RFP process, drafting and negotiating the concession agreement and other relevant project documents.
  • Acting for the Yangon Metropolitan Development Public Ltd, a joint venture between the Yangon Regional Government and the Myanmar Construction Entrepreneurs Association, on grant of a long term concession for an integrated logistics park and inland water transport jetty-linked dry port in Ngwe Pin Le, Yangon, Myanmar, on a design, build, finance, operate and transfer basis. 
  • Acting as lead counsel in advising a consortium of companies on its potential bid for the Kuala Lumpur – Singapore High Speed Rail AssetsCo PPP project. 
  • Advised the selected bidder relating to a long term concession for various international and domestic airports in one of the South Pacific countries on a design, build, finance, own, operate and transfer basis. Roles includes negotiations with the task force of the Government awarding the concession, drafting the concession agreement and other project documents.
  • Advised a Malaysian State Government on the concession to design, build, finance, own, operate and transfer highways and undersea tunnel / highway. The project is based on a land swap by which reclaimed land will be given to the contractor in stages based on the progress of the project and a 30-year concession on the tunnel.
  • Advised a major transportation player with respect to the procurement structure and drafting of the tender and contract documents for the design, construction, supply, testing, operation and maintenance of the Monorail System in Mumbai, India.
  • Advised the State Railway of Thailand in respect of a high-speed railway project in Thailand.
  • Advised the concessionaire on the tender and contract documents for the construction, completion and maintenance of the South Klang Valley Expressway project.
Oil & Gas / Water / Industrial Plants
  • Advised a consortium on its successful bid for Singapore Public Utilities Board’s (PUB) design, build, own and operate desalination plant project in Jurong Island. Role includes drafting and reviewing the water purchase agreement, the EPC and O&M contracts and other project documents. 
  • Advised a leading global supplier of renewable diesel and petroleum products on the proposed expansion of its refinery plant in Singapore and the sale and purchase on long term basis of by-products generated by the operation of the plant and feedstock required for the operation of the plant, and other required storage, utility and jetty services. 
  • Advised an EPC contractor on the engineering, procurement and construction of a mechanical and biological waste treatment plant in Singapore. Role includes drafting, reviewing and/or negotiating the EPC contract, the local engineering consultancy services agreement, the process engineering, testing and commissioning services and equipment supply contract and the construction contract. 
  • Advised a mining company on the development of a coal processing and handling plant in Indonesia and bridges, roads and other infrastructure works related to the project. Role includes advising on the procurement structure and drafting and negotiating the EPC contract for the plant and the construction contract for the infrastructure works. 
  • Advised a client on the EPC contract and downstream subcontracts for the development of oil storage and berthing facilities in Indonesia with an estimated value of over US$1 billion. 
  • Advised a joint venture company (owned by two oil majors) on its development of the grass-roots lube oil additives blending plant at Zhangjiagang Industrial Park in Jiangsu Province, People’s Republic of China. Role includes drafting the request for proposal documents and the EPC contract.
  • Advised an Indonesian engineering and construction company in respect of the engineering, procurement, construction and commissioning and the project financing of a 2,000 TPD Ammonia Plant on 185 hectares of land in Banggai, Central Sulawesi, Indonesia worth about US$750 million, of which the International Finance Corporation has committed to provide US$500 million. Role includes drafting the request for proposal documents and the EPCC contract, off-take agreement and other project documents and advising on the loan documents. 
  • Advised a petrochemical company in respect of its construction and development of a 125 metric tonne paraffin-n and linear alkyl benzene plant in Jurong. She drafted the subscription agreement, shareholders’ agreement, construction and engineering contracts and consultancy contracts pertaining to the project.
  • Advised an international contractor on the drafting of the relevant project and construction documents pertaining to the development of an integrated oil refinery and petrochemical complex in the Straits of Malacca. 
  • Advised a petrochemical company on the drafting of the EPC contract and marketing agreement for their biodiesel plant in Johor, Malaysia.
  • Advised a client on the drilling contract in respect of an oil rig in Indonesia.
  • Advised an international contractor on the contract administration of the Petronas lube base oil and hydrogen unit project in Malacca, Malaysia and the Petronas methanol project in Labuan, Malaysia.
  • Advised a developer in respect of the construction of the POME Biogas Micro Turbine Plant, Carey Island, Malaysia.
  • Acted for a Singapore company in respect of an exclusive 10-year concession to supply LPG and design, supply, install and maintain an LPG system for an MCST. Role includes drafting the concession agreement, LPG supply agreement and other project documents.
  • Acted a major FMCG company in the drafting and negotiation of EPCC agreements for the fatty acid plant and methyl-ester plant projects in Kuantan, Malaysia.
Infrastructure
  • Advised the preferred bidder on the concession to develop an integrated industrial park in a special economic zone in Myanmar and role includes advising on the procurement structure and the RFP process, drafting and negotiating the concession agreement / land lease agreement and other relevant project documents.
  • Advised the Indonesia Infrastructure Guarantee Fund on the Palapa Ring submarine cable project in Indonesia to bring internet connectivity to many parts of Indonesia that currently do not have access to such critical infrastructure. 
  • Advised a bidder on its bid for the operation & maintenance of the Jurong Rock Cavern. Jurong Rock Cavern is South-east Asia’s first underground rock cavern for oil storage, with the first two caverns providing 480,000 cu meters of storage. 
  • Advised a major international developer and manufacturer of chemical intermediates on an off-take agreement in respect of the off-take of certain products and a service corridor agreement in respect of the rental of pipe rack space in a service corridor within a major industrial development.
Telecommunications
  • Acted for a major international telecommunications provider in relation to the provision of ICT services for the construction, development, operation and maintenance of Singapore's largest flagship PPP project and the largest sports facility infrastructure PPP project in the world. Stakeholders include the Singapore government, its lenders and six other service providers. The term of the appointment is approximately 21 years. Role includes advising on the ICT Contract and drafting other project documents.
  • Advised a major internet social network provider on the development of a data centre in Singapore. Role includes drafting and negotiating the construction contract, consultancy contract, NEWater supply agreement, electricity connection agreement and other project documents. 
  • Advised a major internet social network provider on the construction, operation and maintenance of the Asia Pacific Gateway (including submarine cables and landing stations) and drafting the relevant project documents.
  • Advised an international telecommunications company in respect of its construction and development of a data centre in Singapore.
  • Advised a major telecommunication services provider on its procurement of the supply, installation and after sales services for telecommunication equipment and drafting the raw materials supply agreement, equipment supply agreement and after sales service agreement which are to be used as a standard template within the organisation.
  • Advised a major mobile services provider in Malaysia on its procurement of the supply, design, installation, testing and commissioning and project management services for in-building coverage and quality improvement for the development and implementation of 3G services.