Overview

Faizah Jamaludin is a Partner in Skrine's Corporate Division. Faizah's practice focuses on energy (with an emphasis on oil & gas), mining, shipping and healthcare. She advises on corporate and commercial matters including acquisitions, disposals, joint ventures, government tenders and procurement, public-private partnership, manufacturing and licensing. She has assisted many foreign companies in setting up their businesses in Malaysia.

In the oil & gas industry, Faizah has acted for international oil companies in PSCs, JOAs and farm-ins in relation to exploration and production in Malaysia. She is currently acting for a number of oil companies in relation to RSCs for small and marginal fields and EORs for mature fields. Faizah acts and advises oil services companies in the supply of upstream goods and services. She has acted in the acquisition and disposal of downstream oil & gas businesses/assets, refining, manufacturing, marketing and supply.

In IFLR 2013, clients quoted her as "an excellent and incredibly responsive to her clients' needs," and "has an in-depth knowledge of the oil and gas industry in Malaysia and is very familiar with Petronas. She can work out the important issues in a deal, which is very important to a client." Commenting on her international connections, the client adds that "she in particular has a lot of international experience. She is always flying off to the Middle East to handle transactions. Our dealings with other law firms in Malaysia show that she has exceptional international experience in this market."

Faizah also represents ship-owners, charterers, banks and receivers in the sale, purchase, construction, registration and financing of vessels. In the healthcare sector, she acts and advises healthcare companies in the supply, tolling, licensing and manufacturing of pharmaceutical products.

Faizah has an active competition law practice. She heads Skrine's Competition Law practice group. She has been involved since 1999 in the drafting of the Malaysian new Competition Act 2010. She served on the Ministry of Domestic Trade's working group on the drafting of the Malaysian competition policy and law and represented MICCI on the CG-25, the government's consultation group on the Competition Act 2010. Faizah is the Malaysian member of the Competition Law Practice Group of Lex Mundi.

Faizah is a Barrister of the Inner Temple, London and holds an LL.M in shipping law from the Institute of Maritime law, Southampton University. She was called to the English Bar in 1990 and the Malaysian Bar in 1994. Faizah read in the chambers of Adrian Hamilton QC at 7 King's Bench Walk and Neville Thomas QC at 3 Gray's Inn Place, London.

Before joining Skrine, Faizah served as in-house counsel of ExxonMobil in Malaysia for 8 years and was a legal officer with the Office of the Building Societies Ombudsman, London.

Further Details

Areas of Practice
Energy, Oil & Gas, Shipping, Healthcare, Mining, Competition Law, Government Procurement, Acquisitions, Joint Ventures

Professional Affiliations
Honorary Secretary, Malaysia Inner Temple Alumni Association

Executive Committee Member, the Asia Regional Chapter of the Association of International Petroleum Negotiators’ (AIPN)

Member, Shipping and Admiralty Law Committee, Bar Council of Malaysia

Member of the Domestic Trade Council, Malaysian International Chamber of Commerce (MICCI)

Associate Member, Malaysian Maritime Institute (IKMAL)

Qualifications
Advocate & Solicitor of the High Court of Malaya

Barrister-At-Law Inner Temple, London

LL.M, University of Southampton, United Kingdom

LL.B (Hons), Brunel University, United Kingdom

Experience

Oil & Gas

• Counsel for Petronas Dagangan Berhad in its acquisition of 6 subsidiaries and related companies of Petroliam Nasional Berhad, Malaysia's national oil company, in the Philippines, Vietnam, Thailand, Vietnam and Malaysia. SKRINE was the managing firm for this cross-border transaction.

• Acted and advised BP PLC in its disposal of its purified terephthalic acid production plant in Malaysia to India's Reliance Global Holdings Pte Ltd.

• Advised and conducted a due diligence exercise for a consortium bidder consisting of a local and foreign party in a disposal by a vendor of its majority stake in a group of companies whose core businesses were oil and gas industries. The disposal is one of the largest oil and gas acquisitions in Malaysia.

• Acted for Mitsubishi Corporation for their PSCs for Block SK310 and Block 2C, offshore Malaysia.

• Advised Pearl Energy (now known as Mubadala Oil & Gas) in relation to their PSC for Block SK 320, offshore Malaysia.

• Acted for Roc Oil Limited for their Risk Service Contract for the Balai Cluster fields, offshore Malaysia.

• Represented Puncak Niaga Berhad in their acquisition of Global EnergyLimited's Malaysian subsidiaries.

• Represented ExxonMobil in its equity purchase from Shell and Petronas of the Multi-Product Pipeline and the Klang Valley Distribution Terminal.

• Acted for number of international oil services companies in the setting-up of their Malaysian operations and Petronas licensing.

• Advised and acted for oil companies in the acquisition of downstream assets and joint-terminalling.

• Advised on crude and oil products trading in Malaysia.

• Advised and undertook review of BP's regulatory compliance in Malaysia.

• Undertook legal audit of Shell's licences and permits for its entire upstream and downstream business in Malaysia.

• Advised and represented an oil company in negotiations with the Department of Environment for its petrochemical plant's operations.

• Acted for an oil company for the disposal of one of its Malaysian business units.

Energy

• Advised and acted for TNB in the Sabah Independent Power Plant (IPP) project.

• Advising and drafting legal documentation for TNB for purchases of coal for the Malaysian coal-fired power plants.

• Advised and drafted Contracts of Affreightment for TNB for the supply of coal to all the Malaysian coal-fired power plants.

• Acted for BP Solar in the supply of solar panels to the government of Malaysia for its rural electrification project.

• Advising US, Australian, European and Singaporean commodities trading companies on oil, palm oil, base metals and coal trading in Malaysia.

• Acting for a Middle-East based company in the power purchase agreement for a polysilicon plant in Sarawak.

Shipping

• Advised a consortium of owners on the setting-up of a Labuan offshore company for a newbuilt FPSO for an African project.

• Advised MISC on the corporate restructuring of its vessel ownership.

• Acted Bumi Armada on the charterhire of a newbuilt pipelaying barge for a Petronas project in Turkmenistan.

• Advised on the enforceability of guarantees provided by Malaysian companies for the Song Doc Project, offshore Vietnam.

• Advised SapuraAcergy on the registration of the "Sapura 3000", a deepwater pipelay and heavy lift crane vessel.

• Acted for banks in the ship financing transactions (conventional and Islamic) and mortgage registration of vessels.

• Advised, negotiated and drafted legal documentations in the sale and purchase of ships and offshore support vessels.

• Advised and acted for shipowners in the Malaysian flag registration of vessel including ship survey, carving & marking survey, change of flag survey; obtaining international tonnage certificate, international call sign, IMO number, ship radio licence.

• Advised and acted for receivers in the sale of vessels pursuant to debentures.

Islamic Finance

• Acted for AIA on the setting up and incorporation of its International Takaful Operations in Malaysia.

• Acted for PNB in a sukuk mudharabah and sukuk ijarah financing of a Malaysian highway project.

• Acting for BP on the bai-inah financing of its petrochemical plant in Malaysia.

• Acted for HSBC Amanah in the finance of a vessel based on the commodity murabahah principle.

Competition Law

• Advising and conducting annual competition/anti-trust laws training for ExxonMobil in Malaysia.

• Served on the Malaysian Ministry of Domestic Trade and Consumer Affairs consultation group on the proposed Malaysian Competition policy and law.

• Represented the MICCI on the Ministry of Domestic Trade, Cooperative and Consumerism Consultation Group (CG-25) on the Competition Act 2010 and the Competition Commission Act 2010.

• Conducting a competition law audit in Malaysia Colgate Palmolive. Advising the company's senior management on Malaysia's competition law and policy.

• Conducting a study for Tenaga Malaysia Berhad on the possible effects of the Malaysian competition policy on the Malaysian electricity supply industry.

• Advising Warner Music Group on Malaysian competition law issues on its worldwide marketing and distribution arrangements with EMI.

• Advising BMW Malaysia on the impact of the Competition Act 2010 on its dealership agreement and redrafted their dealership agreement taking into account the provisions relating to vertical agreements under the Competition Act 2010.

• Assisting BMW Malaysia in the formation and carrying out of a competition law compliance programme.

• Advising Coca-Cola on the possible impact of the Competition Act 2010 on its bottling plant in Malaysia and assisting them in the formation and carrying out of a competition law compliance programme.

• Assisting in reviewing, structuring and adapting ING's global competition policies, compliance procedures and "dawn raid" protocols for purposes of compliance with the Malaysian competition law as well as advising on how to handle investigations conducted by competition regulators, reviewing potential anti-competitive agreements and practice and advising them on the implications of such agreements.

• Advising Tan Chong Motor on a range of competition law issues including advising on the implications of tendering and joint ventures.

• Providing advice on a regular basis on competition law issues and internal regulatory training practices to Tetra-Pak, one of the world's largest service providers for the packaging and distribution of food products.

• Assisting the Malaysia Shipowners Association, the Shipping Association of Malaysia and the Federation of Malaysia Port Operators Council)in making an application to the Malaysian Competition Commission for a block exemption under the Competition Act 2010.

• Assisting Life Insurance Association Malaysia in making an application to the Malaysian Competition Commission for a block exemption under the Competition Act 2010.

• Advising and conducting annual competition/anti-trust laws training for BP in Malaysia.

• Assisting several banks and insurance companies in reviewing their bancassurance agreements and advising them on the potential competition concerns.

• Advising an international fast food chain on the impact of the Competition Act 2010 on its franchising agreements.

• Advising an international pharmaceutical company on a long term supply arrangement of pharmaceutical products to a GLC in Malaysia which included advice in competition law issues.

• Advising a major pharmaceutical company on the competition law aspects of its proposed partnership initiative.

• Advising a major pharmaceutical company on the legal impact of a leakage of one of its primary products in a foreign country.

• Advised a US media corporation on the competition law aspects of its proposed acquisition of a foreign broadcasting corporation.

Healthcare

• Acted for a pharmaceutical company in the supply of the H1N1 flu vaccine to the Malaysian government.

• Acted for a pharmaceutical company in the tender and supply of the H5N1 flu vaccine to the Malaysian government.

• Acted for a pharmaceutical company in the tender and supply of the cervical cancer vaccine to the Malaysian government and the implementation of the vaccination program in Malaysian schools.

• Advised a pharmaceutical company in the halal certification of its vaccines.

• Acted for a pharmaceutical company in the tolling and contract manufacturing of its products with a number of manufacturers in Malaysia.

• Advised a healthcare company on the conduct of clinical trials in Malaysia.

• Acted for a healthcare company in the setting up of its manufacturing plant in Malaysia.

Others

• Advising an international entertainment company in its negotiations with Khazanah and SJIC for a project in the Iskandar Development Region, Johor.

• Acting for an international rail construction company on the Kelana Jaya LRT extension project.

Publications

Authored the following:

• Exemptions under the Competition Act 2010: Legal Insights, September 2012

• Another Tiger Rises: The implementation competition law in Malaysia (co- authored with Charles Webb of Baker Botts LLP), Competition Law Insight, 10 July 2012

• The Malaysian Competition Act 2010: Changed Or Be Changed", ALB Special Report: Malaysia 2010, June 2010

• No Turning Back Malaysian Competition Act, the EDGE Business and Investment W eekly (17-23 May 2010)

• Chapter on Malaysia's Laws and Regulation for the Oil Industry, Getting the Deal Through: Oil Regulation 2009, 2010 and 2011

• The Malaysian Biofuel Industry Act 2007 Legal Insights, April 2008

• Shipping and the Malaysian Oil & Gas Industry, Legal Insights, October 2007

Selected Presentations

• Turbulence or Tempest: Navigating the Malaysian Competition Act 2010, MICPA-Bursa Malaysia Business Forum 2012, Kuala Lumpur, 16 October

• Malaysia's Competition Act 2010: Ramifications for Trade & Investment, at the 1st National Forum on Competition Act 2010, Kuala Lumpur, 28 March 2011

• Competition Act 2010 - Are you Ready? How to Ensure Compliance with the Act, Malaysian Institute of Corporate Governance Updates 2010, Kuala Lumpur, 24 November 2010.

• The Malaysian Competition Act 2010: What It Means to Malaysian Businesses? Malaysian Law Conference 2010, Kuala Lumpur, 29-31 July 2010

• Various presentations to SKRINE's corporate clients and trade associations from May 2010 - October 2012 on the Malaysian Competition Act 2010

• Presentation on Malaysian Competition Act 2010, Jones Day, Tokyo, 30 September 2010

• Joint presentation on Competition Law with Norton Rose, PETRONAS, Kuala Lumpur, 24 September 2010

• Oil & Gas and Ship Financing, HSBC Bank, 25 May 2010.

• Oil & Gas Services Contracts in the Malaysian Context, at the Perdasama Oil, Gas and Petrochemical Forum & Expo 2009, 28-30 April 2009

• Ship Financing for Malaysia's Oil & Gas Industry: Key Legal Issues, at the MIMA-OCBC Ship Financing Conference, 25-26 February 2009

• Mineral Resource Projects in Malaysia: Opportunities for Joint Ventures, at the IBA-AMPLA Resources Law Conference South East Asia, 18- 20 February 2009.

• Oil & Gas in Malaysia": Knowing the Laws, Regulations and Policies, at the Asia Oil & Gas Legal Contract Excellence 2008 Conference, Kuala Lumpur, 25 August 2008

• Islamic Finance in Malaysia: Legal & Regulatory Framework to the Central Bank of Nigeria, Kuala Lumpur, 17 July 2008

• Biofuel: The Malaysian Experience to Lex Mundi Agribusiness Practice Group, Singapore, 11 October 2007

• Malaysian Oil & Gas Laws DentonWildeSapte LLP, London, 25 May 2007

• Biofuel Malaysia: Licensing and Law and Overview of the Malaysian Oil & Gas Regime Mitsubishi Corp,Tokyo,30 March 2007

• Examining Investment Opportunities and Fiscal Climate in Malaysia, at IQPC Asia Oil & Gas Conference, Kuala Lumpur, 30 September 2006

Chaired / Moderated the following panel sessions:

• ASEAN-China Guidelines for Co-operation in the South China Sea: Can the Guidelines Effectively Solve the Boundary Disputes in the South China Sea? International Malaysia Law Conference 2012, 27 September 2012.

• Production Sharing Contracts in the Malaysian Petroleum Industry: A PETRONAS Perspective, International Malaysia Law Conference 2012, 27 September 2012.

• Kedah Hydrocarbon Hub: Connecting the Middle East to China, Skrine Seminar & Dialogue, Dubai, 13 April 2008

• Industrial Estate within the IDR: Focusing on the Biofuel Park, Iskandar Development Region talk, Singapore, 19 October 2007

• Palm Biofuels: The Way Ahead, Skrine Conference, Kuala Lumpur, 17 May2007

• Malaysia's Response to Oil Spill, Marine Pollution and Casualties, Malaysian National Maritime Conference, Kuala Lumpur, 9 March 2007