Information on our Indonesian finance practice We are one of the leading international firms in debt finance transactions and have dedicated teams in our Hong Kong, Indonesia and Singapore offices who service our banking and finance clients on all their Indonesian financing needs. Financial Services and Insurance Team of the Year Legal Business awards, 2008 Ranked first tier for four consecutive years in Banking, Indonesia IFLR, 2007-2010 "Herbert Smith seems to have really beefed up their practice and has really excelled in this area lately. Definitely one to watch in future," says a rival." Chambers Asia, 2009 "Partner Alexander Aitken and senior associate Kanyi Lui are very impressive and a pleasure to work with," says a client. "The team is commercially astute and able to provide tailored advice to suit our specific needs." IFLR, 2010 "The [banking] group is especially active for development banks, including China Development Bank and the Asian Development Bank and also represents major Japanese trading houses in financing transactions " Chambers Asia, 2009 The finance group covers all debt finance activities, including commercial bank lending, debt capital markets, structured financings, asset-based finance and off-balance sheet financing techniques. We advise leading financial institutions and corporates in complex local and cross-border transactions throughout Asia and the rest of the world. Our work involves structuring and documenting these deals and advising on complex legal issues arising from them. We assist clients on the optimum choice of structure and vehicle, security/collateral perfection and other issues. Most of these deals are international in nature and require integrated multi-jurisdictional expertise. Lawyers from our network of offices work closely together and can also draw on the expertise of our alliance and associated firms to provide a seamless service to clients across all the world s major financial centres and emerging markets. We are uncompromising in our pursuit of technical excellence and continue to be recognised as leaders in our chosen fields of practice. Our standing is reflected in our panel appointments for various investment and commercial banks, including: BNP Paribas, China Development Bank, China Merchants Bank, Citibank, Credit Suisse, Goldman Sachs, Industrial & Commercial Bank of China, Lloyds Banking Group, Royal Bank of Scotland, Standard Chartered, Société Générale and UBS. We have specialised sector knowledge across a number of sectors including energy (power, oil and gas), natural resources and TMT. Our clients include: China Development Bank, China Exim Bank, Sinopec,
David Dawborn is "...one of the few lawyers in Indonesia who has both local Indonesian knowledge and highly basic commercial skills as an international practitioner. He's very commercial-oriented and he gives tailored advice" IFLR, 2010 "Herbert Smith is well known for its strength in Indonesian matters in which it has a formidable reputation." Chambers Asia, 2008 "They're [HBT] the only show in town really...bringing international standard legal advice to clients in the Indonesian market. We get the perfect mix of legal advice combined with a commercial perspective on how those laws are applied in practice." IFLR, 2008-2009 Industrial & Commercial Bank of China, CNOOC, BP, Sumitomo Corporation, Sinosure, Asian Development Bank, Mitsui and Tata Group. Our disputes practice in Singapore is generally acknowledged as being the leading provider of comprehensive 'investment protection' advice for international corporations embroiled in any arbitration, litigation or regulatory disputes in Asia, especially Indonesia. The Singapore office, together with HBT, has unmatched expertise in handling complex disputes with an Indonesian nexus. Matters have included claims before the Indonesian courts, regulatory investigations, and international arbitration matters and required the co-ordination of US, UK and Indonesian legal, media, political and expert resources. Examples of cases include taking action in Indonesia following default on derivates contracts by Indonesian parties and defending a number of bond issues - for holders, arrangers, underwriters and trustees. The team has recently co-ordinated the successful defence of 6 separate claims before the Indonesian courts against a US aircraft manufacturer arising from a crash in Sumatra in 2005. Our strong working relationships are illustrated by our market acknowledged 'Guide to lending and taking security in Asia' which is now in its second edition. With the assistance of our network and friends in law firms across the region, it covers all the significant jurisdictions in the Asia Pacific region. Indonesia has been an area of particular focus: Herbert Smith is one of the few multinational law firms to have a presence in Jakarta through our association with Hiswara Bunjamin & Tandjung (HBT). The Herbert Smith team in Jakarta is lead by highly respected partners, David Dawborn and Brian Scott. They work closely with the Singapore team to advise both domestic and foreign clients on Indonesia-related banking and finance deals.
Our Team Indonesia Tjahjadi Bunjamin Partner, Jakarta, HBT Tjahjadi is a founding partner of HBT. Tjahjadi heads the firm s finance and capital markets practice, an area in which the firm has a leading reputation. tjahjadi.bunjamin@hbtlaw.com T: + 62 21 574 4010 M: +62 811 960 803 Tjahjadi is Indonesian counsel of choice for many lenders, as well as for many international firms, on finance and international capital market transactions involving Indonesia. His team s ability to take clients through the law and practice and risks associated with Indonesian based security is well recognised. David Dawborn Partner, Herbert Smith LLP, Jakarta Senior International Counsel, HBT david.dawborn@hbtlaw.com T: +6221 574 4010 M: + 62 811 189 0367 David heads the firm s specialist Indonesia practice. He is seconded full-time to Herbert Smith s associated Indonesian law firm, HBT and leads a team of Herbert Smith lawyers dedicated to Indonesian transactions and projects. He is fluent in Bahasa Indonesia, both spoken and written and has practised in Jakarta since the early 1990s, advising and supporting major multinational corporations and financial institutions on a broad range of cross-border commercial, corporate and financial transactions. Mira Fadhya Partner, Jakarta, HBT mira.fadhya@hbtlaw.com T: +62 21 574 4010 M: +62 81 183 6820 Mira is a founding partner of HBT. She has worked as a commercial lawyer and has over 15 years broad experience in handling international energy and M&A transactions in Indonesia. Her areas of practice are foreign investment, mining and energy privatisation, corporate finance, M&A and competition law. Mira was a Senior Associate in a major Indonesian law firm before she established HBT with four other leading commercial lawyers.
Brian Scott Partner, Herbert Smith LLP, Jakarta Senior International Counsel, HBT brian.scott@herbertsmith.com T: +62 21 574 4010 M: +62 812 101 8614 Brian is a partner at Herbert Smith seconded full-time as Foreign Counsel to HBT. Previously based in Herbert Smith s London and Singapore offices, Brian has been based in South East Asia, focused on Indonesia related work, for around six years. Brian is an experienced corporate transaction lawyer with an excellent understanding of transactions for major international clients in a range of sectors. Hong Kong alexander.aitken@herbertsmith.com T: + 852 2101 4019 M: +852 9093 1946 Alexander Aitken Partner, Hong Kong Alexander is a partner with many years of international finance experience. His particular focus has been on complex secured financings of companies, infrastructure, real estate and projects in the Asia, CIS, Europe and the UK for both borrowers and lenders. Alexander is qualified as a solicitor in England and Wales and Hong Kong. He has previously worked in Herbert Smith's London and Singapore banking and finance teams. In his career he has also spent time on secondment at a leading European real estate lender in London and at a Russian bank in Moscow. anna.howell@herbertsmith.com T: +852 2101 4008 M: +852 9184 5565 Anna Howell Partner, Hong Kong Anna heads Herbert Smith's Asia Energy Group and the China energy practice. Anna advises on a wide range of international transactions including the development and financing of projects, commercial agreements in the oil, gas (including LNG), coal and power sectors, joint ventures, disposals, acquisitions and restructurings. Anna understands and has advised on the whole energy value chain from upstream concessions and transportation arrangements to downstream commodity sales and trading.
kevin.roy@herbertsmith.com T: +852 2101 4102 M: +852 9026 2828 Kevin Roy Partner, Hong Kong Kevin has acted on a broad range of corporate and commercial matters, specialising in US equity, debt capital markets, restructuring and private equity work. Kevin has considerable experience representing both companies and investment banks in Rule 144A/Regulation S offerings, SEC registered offerings, US private placements of highyield debt, convertible bonds and equity and M&A transactions in the United States, Europe and Asia. Kevin formerly practised at Simpson Thacher & Bartlett in London and New York and Skadden, Arps, Slate, Meagher & Flom in New York. He is fluent in German. London clive.barnard@herbertsmith.com T: +44 20 7466 2282 M: +44 778 577 5063 Clive Barnard Partner, London Clive has over 20 years experience as a debt finance specialist operating at the core of Herbert Smith's debt practice. During his career Clive has handled most sorts of debt finance work. He has a wide range of expertise in banking and capital markets in many different jurisdictions worldwide. His current workload includes a range of debt transactions with, in recent years, an emphasis on cross border acquisition finance and India debt finance in particular. Clive is the London based partner responsible for the Asian banking and finance practice. Singapore Maurice Burke maurice.burke@herbertsmith.com T: +65 6868 8009 M: +65 9638 7048 Based in Singapore, Maurice is a joint-head of Herbert Smith s dispute resolution practice in Southeast Asia and is responsible for covering the Singapore, Malaysian and Indonesian markets. Originally qualified in Australia, Maurice was qualified in Hong Kong in 1995, where he worked as a litigator for two years before joining Herbert Smith's Hong Kong litigation division in 1997. Since joining Herbert Smith, Maurice has conducted a broad range of commercial litigation and dispute resolution matters.
Michelle Chen Michelle has many years of international finance experience. Her particular focus is on complex structured finance transactions such as the financing of energy projects, acquisition finance and restructuring. michelle.chen@herbertsmith.com T: + 65 6868 8005 M: +65 9679 0033 Michelle received her BA in law from Oxford University and qualified as a solicitor in England. She practised in a magic circle firm in London (5 years), Hong Kong (3 years) and Singapore since 1991. adrian.cheng@herbertsmith.com T: +65 6868 8029 M: +65 9657 7170 Adrian Cheng Adrian began his career at Herbert Smith as a projects lawyer, advising both public and private sectors on the commercial aspects of infrastructure projects. Since 1999, the focus of his practice has been on banking and finance matters. He specialises in acting for banks and borrowers on complex cross border structured transactions and has particular expertise in reserve based and other energy financings. Adrian has recently relocated from London to Singapore. Richard Nelson Richard joined Herbert Smith's Singapore office as a Partner on 1 July 2008, having qualified with another magic circle firm in 1999. richard.nelson@herbertsmith.com T: +65 6868 8032 M: +65 9722 2375 Richard has previously practised in London, Hong Kong and Tokyo and has many years experience in energy and project finance, particularly the oil and gas and power sectors. He was seconded to BP's Gas, Power and Renewables legal team in London and works for a wide range of corporates, banks and other financial institutions.
Nicholas Peacock nicholas.peacock@herbertsmith.com T: +65 6868 8031 M: +65 9712 1332 Nick is a dispute resolution lawyer advising corporate clients and financial institutions. He specialises in international arbitration, and also has extensive experience of commercial litigation and ADR in various forms. He has also acted on regulatory issues, high value complaints and internal investigations for corporates, banks and other institutions. Nick previously practised in Herbert Smith's London office. He is an English qualified solicitor-advocate and has appeared before arbitral tribunals and in the London High Court.