Railway Industry in Asia

Mayer Brown JSM has an active and varied railway industry client base. We offer a multilingual team with significant experience in a wide range of legal disciplines relevant to the railway industry. We bring the required industry knowledge and resources to advise clients on their railway-related activities around Asia.

Mayer Brown JSM’s in-depth understanding of the sector, derived from working on a wide range of high profile railway projects, has given us an insight into the complex regulatory and contractual matrix that is involved in railway infrastructure projects. We are now recognised as one of the leading practices in this area.

We have has many years of experience in advising the railway industry, representing all manner of clients including:

• Railway companies

• Railway operators

• Rail systems

• Contractors

• Banks and financial institutions

• Manufacturers of rolling stock

Who are we? Mayer Brown JSM’s Construction & Engineering practice comprises experienced lawyers spanning seven offices in four Asian jurisdictions Hong Kong, China, Thailand and Vietnam. We are committed to excellent service delivery and our multilingual team believes in establishing and maintaining close working relationships with each of our clients and in taking time to understand their particular businesses and objectives in the most efficient and cost effective manner possible.

What we do for railway projects...

Since 1995, we have been involved in a number of the new railway projects undertaken by the Kowloon- Canton Railway Corporation (KCRC) in Hong Kong. We have advised KCRC in relation to the planning, design, construction and operation and maintenance of new rail projects. We have extensive experience and are able to advise on railway projects in relation to a wide range of issues including:

• The draft legislation for the construction of rail projects in Hong Kong

• The amendments to KCRC’s enabling ordinance to extend statutory powers

• Drafting consultancy contracts for the appoint-ment of feasibility and technical studies consultants

• Environmental matters including conditions attached to Environmental Permits and Environmental Impact Assessment Reports

• The resumption of land along railway alignments

• Project Agreements with the government for the financing, completion and operation of railways

• Procurement strategies and contract packaging for projects

• Drafting tender documents for civil, building and railway operational systems contracts (including Conditions of Tender, Conditions of Contract, and forms of bonds, guarantees and warranties)

• Drafting tender documents for maintenance contracts

• Joint venture agreements for property develop-ments above station concourses

• Acting in the sale of developments above station concourses including drafting sale and purchase

• Agreements, deeds of mutual covenant and management agreements and obtaining pre-sale consent from government

• Government lease modifications, management agreements, licences and lease agreements

• Advising on dispute resolution and the com-mercial settlement of claims arising under construction and equipment supply agreements

Notable Railway Projects Experience in Asia

WEST R AIL, KCRC (NOW PART OF MTR CORPOR ATION)

Advising on a 30.5 km passenger line in Hong Kong. The project was completed in September 2003 on schedule and below budget.

Drafting a suite of standard contracts for a main contractor, including joint venture agreements, subcontracts, supply contracts and consultancy agreements.

Successfully defending a specialist subcontractor in arbitral proceedings and court proceedings in relation to station construction.

EXTENSION TO HONG KONG LIGHT R AIL SYSTEM, KCRC (NOW PART OF MTR CORPOR ATION)

Advising in relation to the addition of 4.4 km of track and 11 new stops. The project was completed in 2003 on time and below budget.

EAST R AIL TSIM SHA TSUI EXTENSION PROJECT, KCRC (NOW PART OF MTR CORPOR ATION)

Advising on the East Rail Tsim Sha Tsui Extension Project. The project was completed in October 2004 on time and below budget.

LOK MA CHAU SPUR LINE, KCRC (NOW PART OF MTR CORPOR ATION)

Advising on a 7.4 km double track electrified domestic passenger railway which was completed in 2008.

Advising and representing a main contractor in an arbitration with a major subcontractor in connection with the construction of the viaduct which was successfully settled following a payment into court.

KOWLOON SOUTHERN LINK

Advising a joint venture main contractor on claims for variations under the main contract.

GUANGZHOU-SHENZHEN-HONG KONG EXPRESS R AIL LINK PROJECT

Advising MTR Corporation on tendering issues for PRC and Hong Kong contractors for the border section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link Project and WTO tendering requirements.

GUANGZHOU EXPRESS R AIL LINK

Advising tenderers on risks arising out of the Entrustment Works contracts.

Drafting standard contract documentation, including joint venture agreements, sub-contracts, supply agreements, consultancy agreements and ancillary documentation for tenderers appropriate for the General Conditions of Contract for the Entrustment Works.

BANGKOK METRO PROJECT

Advising a consortium of banks providing finance for Bangkok’s elevated light rail system.

Advising a consortium of companies (including Alstom and Mitsubushi) for the supply and operation of rolling stock.

BANGKOK “SK Y TR AIN” PROJECT

Advising a consortium of banks providing finance for Bangkok’s elevated light rail system.

THAI R AILWAY AUTHORIT Y PROJECT

Drafting agreements for the inland container transport operation at Bang Sue Station.

Assisting Inland Container (ICD) operators at the ICD at Lad Krabang.

EXTENSION TO THE MASS R APID TR ANSIT OF THAIL AND (MRTA) PURPLE LINE (BANG YAI – R AT BUR ANA) IN BANGKOK

Tendering as legal advisers for a consortium of eight Project Managers led by Systra SA for a 40 km extension, with some 16 stations along the route. This is one of several JBIC and ADB funded infrastructure projects being undertaken in Thailand.

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TALK TO US

Tom Fu

Partner, Beijing

+86 10 6599 9234

tom.fu@mayerbrownjsm.com

Kevin Owen

Partner, Singapore

+65 6327 0230

kevin.owen@mayerbrownjsm.com

Mayer Brown JSM is part of Mayer Brown, a global legal services organisation advising clients across the Americas, Asia and Europe. Our presence in the world’s leading markets enables us to offer clients access to local market knowledge combined with global reach.

We are noted for our commitment to client service and our ability to assist clients with their most complex and demanding legal and business challenges worldwide. We serve many of the world’s largest companies, including a significant proportion of the Fortune 100, FTSE 100, DAX and Hang Seng Index companies and more than half of the world’s largest banks. We provide legal services in areas such as banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; employment and benefits; environmental; financial services regulatory & enforcement; government and global trade; intellectual property; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management.

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