||Datin Faizah Jamaludin
Partner, Corporate Division
Tel: 603 - 2081 3999 ext 838
Fax: 603 - 2094 3211
Faizah Jamaludin is a partner in Skrine’s Corporate Division and heads both its Competition and Oil & Gas Practice Groups.
Faizah has represented international oil companies in the structuring, documentation and negotiation of oil and gas transactions including the acquisition of exploration & production rights and the supply of upstream goods & services to the Malaysian oil & gas industry. She is also experienced in energy related infrastructure projects and M & As. The Legal 500 Asia-Pacific 2014 named Faizah and her team as “the leading oil & gas lawyers in Malaysia.” The IFLR1000 2013 remarked that Faizah is “excellent and incredibly responsive to her clients' needs" and that “she can work out the important issues in a deal, which is very important to a client". The IFLR1000 2014 named her as one of the leading lawyers in Malaysia and said that she “never fails to add value and has deep knowledge of the Malaysian oil and gas industry”
Faizah also has an active competition law practice. She was named by PLC Which Lawyer?, The International Who’s Who of Business Lawyers in 2013 and 2014 as a leading competition lawyer in Malaysia. She had served on the Malaysian government’s working group on the drafting of Malaysia’s competition policy and law. Faizah and her team advises various local and international companies in relation Malaysia’s competition laws and are currently representing 2 industry groups in their block exemption applications before the Competition Commission.
Faizah holds an LL.M in shipping law from the Institute of Maritime Law, University of Southampton and is a Barrister of the Inner Temple, London. She was called to the English and Malaysian Bars. She is currently the Vice President of the Malaysian Inner Temple Alumni and an Executive Committee member of AIPN’s Asia Regional Chapter. Before joining Skrine, Faizah was legal counsel with ExxonMobil in Malaysia for 8 years.
Areas of Practice
- Oil & Gas, Energy, Competition Law, Shipping, Mergers & Acquisitions, Government Procurement & Contracting, Healthcare
- Vice-President, Malaysia Inner Temple Alumni Association
- Executive Committee Member, Association of International Petroleum Negotiators’ (AIPN) Asia Chapter
- Domestic Trade Council member, Malaysian International Chamber of Commerce (MICCI)
- 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
Corporate and M & A
- Acted and advised Toyota Tsusho Corp. in its acquisition of Borneo Technical Co. (M) Sdn Bhd from Hup Soon Global Corporation Limited.
- Advised and acted for Newfield in the disposal of its Malaysian oil and gas assets for RM2.85 billion to SapuraKencana Petroleum Bhd.
- Advised and acted as lead counsel for Petronas Dagangan it its acquisition of 6 lubricant and LPG businesses in the Philippines, Thailand and Vietnam.
- Advised and acted for BP plc in the sale of its purified terephtalic acid (“PTA”) production plant in Gebeng, Kuantan to India’s Reliance Global Holdings Pte Ltd.
- Advised and acted as Malaysian counsel for USG Corporation in its US$1.6 billion joint venture with Boral Limited.
- Acted for Puncak Oil & Gas (a subsidiary of Puncak Niaga Berhad) of its acquisition of Global Offshore (Malaysia) Sdn. Bhd. from Global Offshore.
- Acted for Versalis, a subsidiary of ENI, in a joint-venture with a Petronas subsidiary, for the development of an Elastomer Plant within the proposed RAPID complex in Pengerang, Johor.
- Acted for Itochu Corporation, in a joint-venture with a Petronas subsidiary, for the development of petrochemical plant within the proposed RAPID complex in Pengerang, Johor.
- Advised and acted for a consortium of short-listed bidders in the acquisition of Esso Malaysia Berhad, ExxonMobil Malaysia and ExxonMobil Borneo from ExxonMobil Corporation.
- Advised EnQuest plc in its acquisition of Nio Sabah Petroleum, which has participating interest in Blocks SB307 and SB308 PSCs, offshore Malaysia.
- Acted for Leighton Offshore International in its acquisition of DPS Bristol’s engineering consultancy business in Malaysia.
- Acted for Subsea 7 in their acquisition and setting up of their Malaysian oil service business.
- Acted for Schlumberger in the disposal of one of its Malaysian business units .
Oil & Gas
- Acted for and advised Salamander Energy for Block PM322 PSC and JOA (the 100th PSC in Malaysia) with PETRONAS and PETRONAS Carigali.
- Acted for and advised GDF Suez for Block 2F and Block 3F PSCs and JOAs with PETRONAS, PETRONAS Carigali and JX Nippon.
- Acted for and advised Pexco for Blocks SK301B, SK302A, SK302B and SK303A with PETRONAS and PETRONAS Carigali.
- Acted and advised RH Petrogas Ltd for Block SK331 PSC and JOA, onshore Sarawak, with PETRONAS and PETRONAS Carigali.
- Advised and acted for Pearl Energy (now known as Mubadala Oil & Gas) for Blocks SK320 and PM324.
- Acted for Mitsubishi Corporation for their farm-in of Block SK310 and Block 2C PSCs and JOAs.
- Advised BHP Billiton for Block 2A PSC and JOA.
- Acting for Talisman in relation to the PM3 CAA PSC and JOA.
- Acted for and advised ROC Oil for its Risk Service Contract (RSC) with PETRONAS and PETRONAS Carigali and their Shareholder Agreement with Dialog for the Balai Cluster fields.
- Acted as local counsel for Coastal Energy in its joint-venture with Petra Energy Berhad to undertake Coastal’s RSC with PETRONAS for the development and production of petroleum from the Kapal, Banang and Meranti cluster fields offshore Malaysia.
- Advised EnQuest plc for its Small Field RSC for the Tanjung Baram field.
- Advised Halliburton in its entry into oilfield services contract (OSC) with Petronas Carigali Sdn Bhd and its shareholders agreement with Dialog for the Bayan Field.
- Advised Schlumberger its OSC for provision services related to the enhancement of recovery of reserves at the Samarang Field.
- Acted for a 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 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.
- Advised Bumi Armada on the newbuilding and charterhire of a pipelaying barge for a project in Turkmenistan.
- Advised a Japanese oil & gas company 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.
- Advised and acted in the ship financing transactions 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.
- Served on Government of Malaysia’s working group on the drafting of the competition policy and law which culminated in the passing of the Competition Act 2010.
- Represented the Malaysian International Chamber of Commerce on the government’s consultation group (CG-25) on the Competition Act 2010 and the Competition Commission Act 2010.
- Appointed as legal adviser to a consultant engaged by the Energy Commission for the preparation and drafting of Competition Guidelines to be issued to govern competition within the domestic gas supply industry in anticipation of the gas market liberalisation by the Malaysian Government.
- Advised and acted for the all the liner shipping companies worldwide in their application to the Malaysian Competition Commission (MyCC) for a block exemption under the Competition Act 2010.
- Acting for all the life insurance and re-insurance companies and takaful companies in Malaysia in their applications to the MyCC for a block exemption under the Competition Act 2010.
- Conducting competition law audits and assisting in competition law compliance work such amending of agreement, drafting of competition compliance manuals, “dawn raid” protocols of MNCs such as BMW, ING, Coca-Cola, BP
- Advising and conducting competition/anti-trust laws trainings MNCs and GLCs e.g. Petronas, ExxonMobil, BP, ING, UEM, Maxis, CIMB Bank, HSBC, Colgate Palmolive, BMW, Coca-Cola, Tetra-Pak, Perlis Plantations, Boustead Group.
- Advising several banks and insurance companies on competition law issues relating to bancassurance arrangements.
- Conducted a study for TNB on the possible effects of the Malaysian competition policy on the Malaysian electricity supply industry.
- Advised on Malaysian competition law issues on Warner Music Group-EMI worldwide marketing and distribution arrangements.
- Advising GSK on a long term supply arrangement of pharmaceutical products the Malaysian government for its national immunisation program.
Authored the following :
- Co-author: Malaysian Chapter: ICLG Oil & Gas Regulations 2014
- Contributing author: Oil & Gas Decommissioning: Law, Policy and Comparative Practice, publisher: Global Law and Business, UK, 1stEdition. March 2013
- Arresting the Decline in Domestic Oil & Gas Production, The Business Advocate, MICCI, Q1/2013
- Author: Chapter on Malaysia's Laws and Regulation for the Oil Industry, Getting the Deal Through: Oil Regulation 2009 - 2013
- Exemptions under the Competition Act 2010: Legal Insights, September 2012
- Co-author: Another Tiger Rises: The implementation competition law in Malaysia, 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 Weekly (17-23 May 2010)
- The Malaysian Biofuel Industry Act 2007, Legal Insights, April 2008.
- Shipping and the Malaysian Oil & Gas Industry, Legal Insights, October 2007
Selected Presentations :
- The Legal Processes of Energy and Resources Work in Malaysia, AMPLA-IBA Resources and Energy Conference, Singapore, 4 July 2013
- Disputes Amongst Companies in the Oil and Gas Sector- Assessing Common Problems, SIAC Oil & Gas Asia Dispute Resolution Conference, Jakarta, 5 June 2013
- Turbulence or Tempest: Navigating the Malaysian Competition Act 2010, MICPA-Bursa Malaysia Business Forum 2012, Kuala Lumpur, 16 October 2012
- 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
- Production Sharing Contracts in the Malaysian Petroleum Industry: A PETRONAS Perspective, International Malaysia Law Conference 2012, 27 September 2012.
- Malaysia’s Competition Act 2010: Ramifications for Trade & Investment, at the 1st National Forum on Competition Act 2010, Kuala Lumpur, 28 March 2011.
- "Kedah Hydrocarbon Hub: Connecting the Middle East to China”, Dubai, 13 April 2008
- "Industrial Estate within the IDR: Focusing on the Biofuel Park”, Singapore, 19 October 2007
- "Palm Biofuels: The Way Ahead”, Kuala Lumpur, 17 May 2007
- "Malaysia’s Response to Oil Spill, Marine Pollution and Casualties”, Malaysian National Maritime Conference, Kuala Lumpur, 9 March 2007
Legal Insights 4/2014, December 2014 is now available. To access the newsletter, please click here.
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