Pinsent Masons in Asia

Pinsent Masons in Asia

Pinsent Masons Pinsent Masons is a law firm that delivers practical solutions that enable its clients to meet their commercial objectives. We do this by having a deep understanding of our client s business and a commitment to market-leading client service. The hallmarks of Pinsent Masons people are our team working, our enthusiasm and the way in which we put the client at the centre of everything we do. Pinsent Masons is a full service commercial firm with more than 280 partners and over 1000 lawyers. The firm ranks amongst the top 100 global law firms. To enable us to advise our clients wherever their businesses take them, we have offices throughout the UK and in Dubai, Hong Kong, Shanghai, Beijing and Singapore. Our values Ambition & Excellence No matter how good we are, we can always get better. We don t settle for second best and we don't believe in that will do. We believe in providing a quality of work product and service that s second to none. We go the extra mile for our clients and for each other because we're proud of what we do and we re motivated to do it to the best of our ability so we support and actively encourage training and development opportunities for all. Respect & Co-operation We believe in pulling together. We recognise individuals strengths and acknowledge that everyone has their weaknesses, so we build teams of complementary talents that allow us to work effectively and efficiently together to get the best result for our clients, our firm and ourselves. Open & Approachable We believe in being open, honest and unpretentious. We re down-to-earth, we take people at face value. Trust is paramount to everything and everyone at Pinsent Masons. We re welcoming and receptive to new and different ideas. We have an open door policy throughout the firm. We speak plainly with each other while still being friendly. We re straightforward; it s as simple as that! 2

Pinsent Masons in Asia The 21st century has been described as the Asia-Pacific Century. China s entry into the World Trade Organisation in 2001 has added momentum to its spectacular economic growth and development. We have been active in the Asia-Pacific region since the early 1980s and with offices in Hong Kong, Shanghai, Beijing and an association in Singapore we are firmly established as one of the leading firms in the region. Our local knowledge and involvement in some of its most high profile and important projects underscores our commitment to assisting clients to profit from the Asia-Pacific Century. Backed by our team of 1000 lawyers across our network of offices, we have more than 50 lawyers permanently based in Asia. Over the years we have completed significant matters in Dubai, India, Pakistan, Malaysia, Singapore, Thailand, Indonesia, the Philippines, Taiwan,Vietnam, South Korea, Australia and New Zealand. Where necessary, we utilise our close affiliations with local law firms to obtain local law expertise. In addition to Hong Kong, mainland China and Singapore many of our lawyers are qualified in other jurisdictions throughout the Asia-Pacific region such as Australia. Many have also worked in industry combining their legal expertise with first-hand technical and commercial experience. We can do business in Mandarin and other major Chinese dialects, including Cantonese and Shanghainese. We also have lawyers who are fluent in several Indian languages, Japanese and French. With its dynamic local market and convenient access to the commercial centres in South East Asia and India, Singapore is an increasingly important hub for our clients strategic plans, particularly in infrastructure projects and disputes. Accordingly, in September 2007 Pinsent Masons entered into an association with MPillay, a Singapore law practice headed by Mohan Pillay, a senior construction and arbitration specialist. Mohan has over 20 years experience and is one of six recommended individuals in the real estate and construction field in PLC Global Counsel 3000. He has also featured every year in Asia Leading Lawyers and International Who s Who of Construction Lawyers since 2005. 3

Construction & Infrastructure We are widely regarded as leaders in the field of construction and infrastructure law. Our Hong Kong office was voted Construction Law Firm of the Year at the Asian Legal Business Awards 2004 and 2005. For the last eight years, the Hong Kong office has been consistently ranked by the Asia-Pacific Legal 500 as one of the leading construction law firms. In mainland China we are unique for the depth of experience that we bring to bear in the area of construction and infrastructure. We are ranked by the Asia-Pacific Legal 500 as one of the leading infrastructure and project finance firms. We act for 10 of the top 25 listed construction companies in China and have well developed relationships with Government bodies. In Macau, Pinsent Masons has combined forces with Julia Brockman, an experienced Macau lawyer, to provide specialist knowledge of Macau law and of the law relating to construction and engineering projects. Together, we work closely to advise on all matters relating to construction industry practice in Macau from setting up a company and/or registering as a contractor in Macau, to drafting or reviewing contracts and sub-contracts and joint venture agreements, to on-going project advice and dispute resolution. Our lawyers, many of whom are dual qualified as engineers or quantity surveyors, provide comprehensive legal advice at every stage of project development. We advise on corporate, insurance, health and safety, regulatory, environment, employment and tax issues and contracting and procurement strategy for onshore and offshore building and infrastructure projects. We prepare and negotiate contractual documentation. We analyse and evaluate legal risk. We advise on land use rights and associated regulatory issues in the PRC. Our Asia-Pacific team includes transactional lawyers with in-depth experience of working on all current forms of procurement, including traditional contracts, DBO, DBFO, BOT and all other forms of Public Private Partnership, from Western Europe, through the Middle East and to the Asia-Pacific region, and for parties at all points of the deal map. During the implementation phase of projects, we continue to advise on issues arising and provide strategic advice on dispute avoidance. Where disputes are unavoidable, our construction dispute resolution experience and capability is unmatched in the Asia-Pacific region. We also have extensive experience in insurance related disputes ranging from advising insurers on claims coverage to defending consultants against professional negligence claims. Examples of significant work Acting on behalf of an international contractor in relation to issues and disputes arising in connection with the construction of a container terminal in Hong Kong Representing an international contractor in court (up to Hong Kong s Court of Final Appeal) and arbitral proceedings in relation to issues and disputes arising in connection with the construction of a retail, hotel, office and apartment development in Hong Kong 4

Advising a major Japanese building contractor in negotiations with the developer of a man-made offshore island in the United Arab Emirates, for the turn-key construction of (US$ 500 million) office and residential towers Advising a major Japanese building contractor in connection with a call for tenders by the State of Qatar for the procurement of ambassadorial facilities in Jakarta, Indonesia Advising a joint venture contractor on the construction of the Ting Kau Bridge in Hong Kong Drafting and advising on the contracts for the construction of the Petronas Towers in Kuala Lumpur Advising the concessionaire on issues arising in connection with the rehabilitation and extension of a tolled expressway in the Philippines Advising a joint venture contractor, throughout the whole project life, on the construction of the Hong Kong International Airport at Chek Lap Kok Acting on behalf of an international contractor in a multi-million US$ international arbitration in connection with a gas process plant in the PRC Advising a joint venture contractor, throughout the whole project life, on the construction of the new KCRC rail extensions in Hong Kong Advising a large multinational contractor, throughout the whole project life, on the construction of a complex elevated highway in Hong Kong Advising a major Chinese contractor in relation to claims arising out of the construction of an Asian Development Bank funded road project in Mongolia Drafting the terminal and runway works EPC contract and ancillary tender documentation for the Delhi International Airport mandatory capital works scheme Drafting construction contracts and consultants appointments for a Japanese construction joint venture in connection with the civil works package of a monorail system in Dubai Global Construction Law Firm of the Year Who's Who Legal 2006, 2008 & 2009 Best Legal Adviser Public Private Finance Awards 2006 Construction Law Firm of the Year Asian Legal Business Awards 2004 & 2005 5

Energy & Utilities Energy (including Power, Oil & Gas) China is one of the most substantial players in the world energy market both as a major importer and as a consumer of energy resources. Its rapid economic growth has led to a seemingly insatiable demand for gas, oil and coal. Other Asia-Pacific countries including India have also experienced rapid industrialisation and strong economic growth which has led to a massive increase in energy consumption. To meet these demands countries in the Asia-Pacific region have an urgent need to diversify their energy resources and substantially upgrade their energy infrastructure. With our wide experience of the energy industry in Asia and worldwide, we are ideally placed to advise companies operating in the energy sector in relation to the rapid changes that are taking place. In addition to energy infrastructure projects generally (including oil, gas and coal-fired power stations and LNG plants), our firm also specialises in renewables (including wind power), nuclear power and waste-to-energy projects. Our clients include power station owners and operators, oil exploration and refining companies, contractors engaged throughout the energy industry, financial institutions and governments. institutional reform, desalination projects and industrial water outsourcing. We have been involved in over 13 significant projects in the Asia-Pacific region, ranging from privately-financed wastewater projects in China, Southeast Asia, India and Sri Lanka, to traditionally procured projects in New Zealand, Hong Kong and Thailand. We have wide experience of acting for all the principal parties in project-related work in the water and wastewater sectors, covering host governments, funders, sponsors, EPC contractors, operators, suppliers and consultants. Energy Utilities We have represented clients for many years across the whole spectrum of the energy utilities industry, from equipment suppliers to major international funding organisations. Our clients include public and private utilities and financial institutions and governments. We understand these industries and are experienced in providing the necessary legal advice to assist companies undertaking energy and utilities projects throughout the Asia-Pacific region. Water Utilities Our involvement in the water sector includes legal work relating to water and wastewater projects and advice on regulatory issues, environmental issues, Examples of significant work Energy Advising an international developer in relation to environmental, planning and regulatory issues arising in respect of Hong Kong s first proposed offshore wind farm Advising an international power contractor in relation to equipment failure issues in power stations throughout Asia 6

Advising an international EPC contractor in connection with its bid for the procurement of a wet fluidised gas desulphurisation package in a power plant in Hong Kong Advising a UK/Spanish bidding consortium on project and contract structures for its bid on two LNG projects in China, and drafting split-contract based consortium agreements in connection with an LNG facility in Zhejiang Province, PRC. Advising a consortium on the bid for the construction of the Daya Bay Nuclear Power Station in the PRC Advising a major utility on the bid for the construction of a Nuclear Power Station in Taipei Advising a major utility on alternative procurement methods, drafting and negotiating Management Contract and Works Contracts and suites of associated project documentation for LNG receiving terminal and port facility in India. Providing purchaser s team with project support and strategic commercial advice on the construction phase of the project Drafting a suite of contracts for the employer, a Sino-foreign joint venture, for use in the procurement (offshore and onshore), engineering and construction of a petrochemical plant project in Caojing in the PRC Water Advising a UK utility group in connection with design, build, and operation of Beijing No.10, PRC Advising a French specialist contractor in respect of its design and build contracts for two water treatment plants in Guangzhou, PRC Advising a French water conglomerate in connection with the formation of a US$34 million joint venture with a Chinese environmental enterprise to build, own and operate a wastewater treatment plant in Tianjin, PRC Advising the PRC s State Development Planning Commission on the draft Fixed Asset Investment Law, part of which relates to water issues Advising a major utility in relation to its position in a consortium bid for a BOT water plant project in Chengdu, PRC Acting on behalf of a participant in a consortium tendering for the construction of the Bangkok Waste Water Treatment project, Thailand Acting for a bidder in relation to the Ho Chi Minh Water Treatment Plant BOT project, Vietnam Advising a contractor on an LNG Terminal and Trunkline Project, including drafting the EPC, Offshore Supply and Engineering Services Agreements and Bridging Agreements Advising a contractor on the construction of a dam, tunnels and generating plant in Kashmir province under strict environmental conditions Advising a foreign contractor on PRC law compliance issues on a number of contracts relating to CSPC Nanhai Petrochemical Plant Project Advising a consortium of international contractors in relation to US$100 million dispute involving a power plant in Indonesia 7

Insurance It is vital to the success of any major project that the risks involved in that project are properly identified and insured against. To achieve this requires an in-depth understanding of the particular project and of today s increasingly complex insurance market. Our insurance team focuses in particular on insurance work related to our client s core areas of business. We have particular expertise in advising on insurance issues related to the construction industry. We act for major international insurance companies as well as for contractors, employers, construction industry professionals and other corporations. We have been involved in some of the largest professional liability disputes in Asia. We advise on coverage and claims in respect of a wide variety of insurance policies, such as property insurance including contractors all risk and machinery breakdown, business income protection, third party liability, employee compensation and professional indemnity. 8

Examples of significant work Acting for an international firm of consulting engineers and their insurers in defence of a substantial negligence claim brought by way of arbitration proceedings in relation to alleged negligent design of foundations for a large commercial building in Singapore Acting for an international firm of consulting engineers and their insurers in defence of a very large negligence claim brought by way of arbitration proceedings relating to alleged negligent supervision of bored piling work on a large residential development in Hong Kong. It was, at the time, the largest professional negligence claim brought in Hong Kong in a construction industry context Acting on behalf of insurers in respect of a claim for indemnity under a CAR policy for loss arising during reclamation works Acting for a multinational construction company in an arbitration against its insurers relating to the rectification and return of the premium of a substantial Employees Compensation Policy Acting for insurers in proceedings to enforce an arbitration award (in relation to which we had previously acted) with respect to a fraudulently exaggerated insurance claim (including a successful appearance in the Court of Appeal) Acting for a contractor and its CAR insurers in defending a claim brought by the owner of a high profile retail unit 9

Technology & Services Information and communications technology occupies an increasing proportion of the effort and budgets of successful organisations. In China the challenges are even greater than elsewhere, given the patchy infrastructure and lack of experience of many sophisticated technology services. Whether forming part of an infrastructure project such as an airport, railway or road system, or as a project undertaken to improve efficiencies within an enterprise, technology procurement is a complex activity. In China, the importation and regulation of technology, whether for manufacturing or distribution presents unique challenges. We opened our Asia-Pacific technology law practice in 1997 and have since become well-regarded as a leading adviser in the field both in Hong Kong and mainland China. We have specialist technology lawyers who focus on structuring contractual terms for integration, change and testing of systems as well as the associated issues of intellectual property rights. We have broad experience of output-based contracting which can be used not only in IT outsourcing, but in relation to service provision in respect of any form of capital asset, and in the services elements of public private partnerships. The deregulation and convergence of telecommunications, digital media and information technology has made regulatory issues increasingly complex. Our lawyers have telecommunications engineering qualifications and experience. We are well placed to advise on regulatory and policy matters in this area. We also advise on e-commerce, data privacy and system security laws and procedures. In the fields of technology and telecommunications, we are highly rated by the Asia-Pacific Legal 500. 10

Examples of significant work Advising on the listing of a Chinese software and services company on the London Alternative Investment Market (AIM) Advising an international hardware-to-services vendor on a major outsourcing to a Chinese telecommunications company Advising a transport utility on a dispute with a mobile telephone operator concerning tariff-sharing agreements Advising a Canadian rights holder of innovative flat screen electronics technology on agreements with a Chinese entity for development and commercial exploitation of the technology in China Advising the prime contractor in relation to IP and performance issues arising out of a HK$800 million immigration control system Advising a Chinese bank on an agreement, revolving around data privacy legislation, for a branded credit card with a UK clearing bank Acting for a major hardware manufacturer and systems integrator in defending a US$500 million claim arising out of an abandoned B2B logistics system supplied to a warehousing operation for use in Hong Kong and China Advising a European television channel on the terms of their equity joint venture with a Chinese satellite operator to broadcast the channel into China Advising a leading US internet portal on the terms of its database sharing agreement with a cellular telephone network operator based in Guangdong Advising a leading engineering consulting firm on the Chinese law aspects of its procurement of a global accounting software package, which involved advice relating to Chinese treatment of encryption and the cross-border flow of financial data Advising a major UK-listed telecommunications company on acquisitions of interests in telecommunications joint ventures in Beijing and Guilin Acting for a major hardware manufacturer on a US$35 million investment in a China telecoms entity (and related sales arrangements) Advising an international hardware vendor on contracts in China for facilities management of ATMs and development of ATM operating software Advising a gas utility company in relation to a dispute with a major Chinese computer hardware manufacturer concerning the supply of Set Top Boxes for Internet access Pinsent Masons IP practice, led by the swiftly professional Peter Bullock, is smaller than many of its competitors, but competes in terms of quality. Clients praise Bullock for his in-depth knowledge Asia-Pacific Legal 500 2005/06 11

Corporate & Commercial Even as global foreign direct investment has reduced in recent years, China has seen its inward foreign direct investment increase steadily. With US$500 billion invested over the past two decades, China is fast becoming the world s most popular investment destination. Foreign-invested enterprises now represent over half of China s external trade. As China transforms its economy, the private sector is growing quickly, as the restructuring and privatisation of its 160,000 State-Owned Enterprises continues apace. Many foreign companies are looking to do business with Chinese companies or invest in or enter Chinese markets. We provide the corporate and commercial advice needed to enable them to do so. This includes advising on such issues as how to set up the most appropriate corporate investment vehicle for a first move into China or how best to restructure an existing business in the PRC. We are familiar with the business licence regime in China and have advised foreign companies wishing to subscribe for publicly listed shares, acquire a stake in a State-Owned Enterprise or buy out a State-Owned joint venture partner. Our lawyers have advised on a variety of aspects of doing business in China, including representation of Hong Kong and foreign investors in foreign investment enterprises (FIEs) in the PRC in the form of Sino-foreign equity, co-operative joint ventures or wholly foreign-owned enterprises. We also give advice and assistance to clients engaged in the trading, franchising, manufacturing and logistics industries in the conduct of their business activities in the PRC. Our lawyers have been actively involved in various other investment projects related to the PRC. Examples include participating in the establishment of Sino-foreign equity joint ventures, the formation of foreign investment holding companies, and merger and acquisition, strategic investment, restructuring and reorganisation of FIEs (including the reorganisation and pre-ipo placement exercise conducted by a PRC company). 12

We are experienced in effective project management of private equity transactions, which invariably demand knowledge and experience of a variety of legal disciplines ranging from corporate acquisitions and the equity and debt-based financing necessary to fund such acquisitions, to the specialist knowledge of areas such as human resources and IT/IP. Our team has been actively involved in investments in a wide range of industries throughout the region, such as the technology, manufacturing, healthcare, logistics, real estate, trading, and catering and hospitality sectors. We advise clients seeking to outsource their manufacturing operations to the Asia-Pacific region, from the initial scoping and tendering exercise, to negotiation and financial close. Our lawyers offer much more than just a legal service. Our clients tell us that our understanding of the business culture assists at all stages, particularly the negotiation stage. Our corporate and commercial team advises on corporate transactions in Hong Kong and elsewhere in the Asia-Pacific region. Transactions include mergers and acquisitions, restructurings and reorganisations, co-operative and equity joint ventures, conversions of joint ventures into wholly foreign-owned enterprises, asset sales and purchases, share sales and purchases, venture capital and private equity investments and funds and licensing and distribution agreements, management buyouts, venture capital and strategic investments, shareholders rights and the establishment and dissolution of partnerships. Our team has extensive experience in advising on private equity transactions. Our lawyers are particularly skilled in dealing with the setting up and organisation of start-up companies, and reorganisation and fund raising at various stages prior to IPO. We have a wealth of experience in acting for international and local venture capital/private equity institutions as well as emerging growth companies and management teams. We also advise on corporate finance and securities matters including public offerings, regulatory issues, licensing and servicing arrangements and a variety of other commercial and advisory matters. In addition to our foreign clients, we advise Hong Kong-based companies on their flotations on the Hong Kong Stock Exchange and PRC-based companies on their flotations on the Hong Kong Stock Exchange and other stock exchanges. We advise international brokers and banks on Hong Kong securities regulations and in particular on procuring requisite regulatory consents, authorisations or waivers in respect of offers by local and overseas issues of debt and equity securities (including H and B shares issued by the PRC companies) to the public or to institutional investors. In this regard, our lawyers have assisted in establishing a number of new funds in Hong Kong, advising in the process on the Hong Kong authorisation or exemption procedure and necessary statutory compliance for unit trusts and mutual funds within the scope of the powers of the Securities and Futures Commission.We can provide advice on continuing obligations of listed companies and their directors to the SFC and the Hong Kong Stock Exchange. We also undertake general commercial matters including agency, franchising and licensing, and sale and purchase of goods. 13

Corporate & Commercial Examples of significant work Corporate / M&A Advising the Indonesian operating group of a New York-listed corporation on all aspects of the pre-ipo corporate restructuring of the group and the refinancing of a split-level US$300 million debt facility Advising on the restructuring of, and obtaining regulatory approval as part of, a US$1.5 billion global acquisition by a Hong Kong joint venture Advising a US$100 million venture capital fund on structuring its investments throughout Asia Acting for a consortium member in relation to a US$450 million transaction to take a controlling interest in a Korean bank Acting for a venture capital company on a US$10 million Series B Preferred Share investment and on a US$10 million Series E Convertible Preferred Share investment Advising a consortium member on the consortium s bid on the privatisation of Sydney Airport, valued at approximately A$5 billion Advising a listed Singapore company on the US$1.2 billion disposal of its Bermuda subsidiary and the buyout of three joint venture projects Advising a European cable TV channel on the structure and agreements for the establishment of a Hong Kong joint venture with a PRC-based satellite operator and on the client's eventual buyout of the JV partner Advising a company listed on the Main Board of the Hong Kong Stock Exchange on a very substantial disposal of its subsidiaries which involves a leaseback arrangement with the new owners and the existing tenants for an aggregate consideration of HK$2.2 billion Advising a Hong Kong blue-chip company on the sell down of its shares in the joint venture company with a US conglomerate which controls some 17 joint ventures in the PRC. The sale of the first 30% of the shares was for US$650 million with the balance to be sold over a 20-year period Advising the direct investment of a US investment bank in relation to an investment of US$130 million in the convertible preference shares of a company listed on the Main Board of the Hong Kong Stock Exchange 14

Corporate Finance and Listings Advising a French conglomerate on its subscription for publicly-listed H Shares (whereby the shares of PRC enterprises are listed on the Main Board of the Hong Kong Stock Exchange) in a PRC-based construction company in connection with the construction of water treatment plant in Tianjian, PRC Advising a PRC insurance company on the listing of its H Shares on the Main Board of the Hong Kong Stock Exchange (initial market capitalisation HK$62 billion) Advising sponsors on the listing of Cayman Islands technology company shares on the Growth Enterprise Market of the Hong Kong Stock Exchange (initial market capitalisation HK$120 million) Advising Hong Kong-based sponsors on the listing of a PRC electrical company's H shares on the Main Board of the Hong Kong Stock Exchange (initial market capitalisation HK$3.8 billion) Advising a sponsor on the listing of shares and warrants in a Hong Kong holding company on the Main Board of the Hong Kong Stock Exchange (initial market capitalisation HK$453 million) Advising a Hong Kong-based international co-ordinator on the listing of B Shares in a PRC-incorporated distillery on the Shenzhen Stock Exchange (initial capitalisation RMB215 million) Advising the PRC pharmaceutical arm of a Hong Kong blue-chip company on the proposed listing of its shares on the Alternative Investment Market of the London Stock Exchange Commercial / Advisory Advising a global manufacturer and supplier of telecommunications and IT equipment and services on the terms of the restructuring of its joint venture operations in the PRC Advising a UK soft drinks manufacturer on the terms of a 25-year distribution agreement with a leading PRC manufacturer for the distribution of one of their best-selling lines of carbonated beverage Advising a US technology provider (and major shareholder) in connection with a limited recourse US$425 million syndicated facility for its Singapore-based fabrication plant Advising a pre-eminent technology/electronics company on the establishment and termination of OEM arrangements in the PRC and Southeast Asia Advising a regional company on an equity joint venture with a large PRC Government enterprise for a technology-based health product business in China Advising a global US investment bank on the IT disaster recovery agreement for its investment banking team Advising a PRC-incorporated transportation company on the listing of the company's H Shares on the Hong Kong Stock Exchange (initial market capitalisation RMB1.9 billion) Advising sponsors on the proposed listing of a real estate investment trust of a Hong Kong blue-chip company on the Main Board of the Hong Kong Stock Exchange (initial market capitalisation HK$4 billion) 15

Commercial Dispute Resolution Hong Kong has a strong and independent judiciary and is a recognised centre for international arbitration. Our heavyweight expertise in construction dispute resolution is complemented by our experience acting for Hong Kong conglomerates and multinationals on a range of disputes including information technology, intellectual property, cross-border disputes and large-scale commercial debt recovery actions. We have conducted and advised on international arbitrations under most forms of arbitration rules (including UNCITRAL, ICC, CIETAC, SCC, SIAC, KLRAC, LCIA) with seats in various countries in Europe, Asia and the Pacific Rim. The disputes themselves have concerned transactions and projects in a wide variety of countries including the PRC, Vietnam, Singapore, Malaysia, Papua New Guinea, Thailand, Indonesia and the Philippines. 16

Examples of significant work Acting for a Hong Kong-based online seller of video game consoles in defence of High Court proceedings initiated by a multinational console manufacturer for alleged actionable parallel importation into Europe Acting for an Indonesian state utility company in an UNCITRAL arbitration concerning the expropriation of geothermal power fields following a regime change. The sum in dispute was several billion US dollars Acting for a major insurance company in defence of a claim on a performance bond arising out of a failed US$65 million hotel development in Hong Kong. The case centred on some important and heavily fought no-loss arguments Acting for a Cantonese newspaper in a claim against a multinational bondsman arising out of US$30 billion building contract for the construction of a printing facility and office premises in Hong Kong Acting for a multinational electronics company in a debt and loss of profit claim successfully made out at trial against one of its distributors Acting for a Taiwanese claimant seeking to recover deferred consideration under a share purchase agreement written under Hong Kong Law, through the PRC Courts Acting for a Belgium licensee of marks and designs of baby products seeking specific performance of a licence agreement signed with a Hong Kong Licensor Acting for a major Hong Kong watch manufacturer in respect of claims in Israel and Belgium from former distributors Acting for a multi-national air-conditioning manufacturer defending proceedings in the Hong Kong Court of First Instance mounted by convicted PRC import agent arising from customs misdeclarations 17

A global network Pinsent Masons has strategic relationships with law firms worldwide. Europe Changes in the economic and political make-up of Europe in the last 30 years have demanded flexibility and pragmatism from lawyers seeking to deliver the best service for their clients. Pinsent Masons has installed its own people where this has been likely to achieve the best result for clients and forged alliances and strong two-way best friends relationships where these deliver the right level of service and knowledge of the jurisdiction. We have been working at the heart of the European Union in Brussels since the 1980s. Our lawyers work with other EU experts in particular to assist our clients in European Commission dealings. Pinsent Masons boasts one of the largest EU & Competition teams for a UK-based firm, with most of our lawyers having experience of working in Brussels. 18

Pinsent Masons in the Middle East From our base in Dubai we provide a range of legal services to those operating in the Middle East, including commercial, real estate and outsourcing and technology. We have particular experience in advising those in the construction & engineering, gas & power and oil sectors in the Gulf by providing procurement-to-completion (P2C) services. This involves advising clients at all stages of their projects, from establishing a presence through to procurement, contract drafting, risk management and dispute resolution. Pinsent Masons in association with MPillay Singapore Pinsent Masons has been very active in Singapore for many years and we have now identified a local law firm, MPillay, with whom we can work closely. This means we can offer our clients access to Singapore law advice and lawyers who have the right to appear in the Singapore courts MPillay is led by Mohan Pillay, a senior construction and arbitration specialist, in Singapore with over 20 years experience. He is one of six recommended individuals in the real estate and construction field in PLC Global Counsel 3000 and has featured every year in Asia Leading Lawyers and International Who s Who of Construction Lawyers since 2005. Pinsent Masons in association with MPillay has a particular focus on projects and international construction and engineering work in the areas of transactional support, project support, advisory and disputes. 19

Pinsent Masons LLP 2009 124 07/09 Beijing Unit 1002 Beijing China Resources Building No.8 Jianguo Menbei Avenue Beijing 100005 PRC T + 8610 8519 2323 F + 8610 8519 2328 John Bishop john.bishop@pinsentmasons.com Hong Kong 50th Floor Central Plaza 18 Harbour Road Hong Kong PRC T +852 2521 5621 F +852 2845 2956 Vincent Connor vincent.connor@pinsentmasons.com Shanghai Room 345 Shanghai Bund No.12 12 Zhong Shan Dong Yi Road Shanghai 200002 PRC T +8621 6321 1166 F +8621 6329 2696 Hew Kian Heong hew.kheong@pinsentmasons.com Singapore 55 Market Street #13-02 Singapore 048941 T +65 6305 0900 F +65 6536 5833 Mohan Pillay mohan.pillay@pinsentmasons.com LONDON DUBAI BEIJING SHANGHAI HONG KONG SINGAPORE OTHER UK LOCATIONS: BIRMINGHAM BRISTOL EDINBURGH GLASGOW LEEDS MANCHESTER Pinsent Masons LLP is a limited liability partnership registered in England & Wales (registered number: OC333653) and regulated by the Solicitors Regulation Authority. The word 'partner', used in relation to the LLP, refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm who is a lawyer with equivalent standing and qualifications. Singapore location in association with MPillay. A list of members of the LLP, and of those non-members who are designated as partners, is displayed at the LLP's registered office: CityPoint, One Ropemaker Street, London, EC2Y 9AH, United Kingdom. We use Pinsent Masons to refer to Pinsent Masons LLP and affiliated entities that practise under the name Pinsent Masons or a name that incorporates those words. Reference to Pinsent Masons is to Pinsent Masons LLP and/or one or more of those affiliated entities as the context requires. For important regulatory information please visit: www.pinsentmasons.com www.pinsentmasons.com