Mohd Farizal Farhan Abd Ghafar

Partner

Mohd Farizal Farhan Abd Ghafar is a corporate lawyer leading the Energy, Infrastructure and Projects practice.

Farizal previously served as an in-house legal counsel for Avocet Mining PLC, Hess Corporation, Petroliam Nasional Berhad (PETRONAS) and PETRONAS Chemicals Group Berhad.

He has a considerable experience in advising clients (including Fortune 500 companies) in securing their legal and commercial interests and negotiating a wide range of transactions including acquisition & restructuring exercises, joint ventures, corporate & commercial deals, major construction projects as well as energy, oil and gas related matters


Qualifications


Certificate in Legal Practice (C.L.P.)


LL.B (Hons), University of Warwick


Advocate and Solicitor of the High Court of Malaya  





Notable Transactions


1. Advised a multinational oil and gas company in relation to its proposed acquisition of an offshore gas field project in Asia from a Fortune 500 company in the formation of the sale & purchase agreement and due diligence exercise for the purpose of such acquisition (including review of production sharing contracts, joint operating agreement, pipeline operating agreement, gas transportation agreement, shareholders agreement, gas sales agreement, condensate spot sales agreement and various operational agreements).


2. Provided legal advice and contract management advice (including review and negotiate purchase orders) in the execution of the engineering, procurement, construction & commissioning of a floating oil and gas facility for a Fortune 500 company.


3. Advised a US-based oil company in its upstream ventures in Southeast Asia including review, drafting, negotiation of the following:


  • production sharing contracts and joint operating agreements and other related ancillary documents; 

  • assignment relating to a concession agreement and a gas sales agreement;

  • contracts for the refurbishment, charter, operations and maintenance of a vessel for operations; 

  • contract relating to nomination and lifting of condensates;

  • project execution service agreement for the management and development of an integrated gas delivery system;

  • helicopter services contract for petroleum operations;

  • invitation to bid documents in relation to technical and engineering services for petroleum operations;


4. Advised an oilfield service provider in relation to interpretation of contracts in accordance with the Malaysian Laws.


5. Advised a global oil and gas company in relation to regulatory matters affecting its downstream operations in Malaysia.


6. Advised the purchaser in the acquisition of shares in a special purpose vehicle for the development and operation of a 1,200-megawatt combined cycle gas turbine power plant.


7. Advised a regulator in relation to its statutory power in regulating the formation and management of commercial agreements falling under its purview in Malaysia.


8. Advised a petrochemical plant in relation to a terminal usage agreement with the chemical storage terminal for the provision of a centralised terminal service for handling of chemical and petrochemical products.


9. Advised the preparation of the Operation & Maintenance Agreement and the Fuel Supply Agreement for the operation of a biomass power plant in Malaysia.


10. Advised a proposed acquisition of an existing solar power project.


11. Advised the execution of the engineering, procurement, construction & commissioning of a petrochemical plant in Malaysia until completion of the project (including the amicable settlement with the EPCC Contractors) and the preparation, negotiation and management of the following contracts:


  • EPCC contract and amendments thereto;

  • an agreement for the long-term supply of feedstock to the plant; 

  • long-term sublease of land for the project;

  • an agreement for the grant of shareholder’s advance;

  • a long-term contract for the sale of products from plant operations;

  • transaction documents in relation to a proposed joint venture with a third party;

  • licensing agreements with process licensors for the operation of the processing plants;

  • a long-term supply/services agreement with equipment manufacturer/service provider for the maintenance of and supply of spare parts for gas turbines for the plant;

  • invitation to bid documents in respect of various operational contracts for the supply of goods and services including for the development of staff housing project, supply of fire trucks and supply of vehicles required for operations; 

  • agreements based on the International Swaps and Derivatives Association (ISDA) master agreement with major financial institutions;


12. Provided legal advice in the bidding process for the construction, operation, and maintenance of a waste-to-energy project in Malaysia including the review of terms for the Operation & Maintenance Agreement, Concession Agreement, and EPCC Contract.


13. Provided secretarial services (including preparation of board minutes and review of board papers and various documentations) on retainer basis to the following entities: 


  • a public listed entity involved in the manufacturing of chemicals; and 

  • a subsidiary of a major tertiary higher education institution in Malaysia who is in the business of power generation, private healthcare services, private education services, arts and information technology services.


14. Advised an international architectural firm in relation to their operation in Malaysia for their local involvement with the submission of the masterplan for a land-reclamation project.


15. Advised a public listed plantation entity in the negotiation of medium-term supply agreements for the supply of crude palm oil to its supplier.


16. Advised a well-known European car manufacturer on contractual and compliance issues in relation to its car manufacturing and supply business in Malaysia.


17. Advised one of the biggest dairy company in the world in their acquisition of chilled dairy business in Malaysia from Nestle Malaysia.


18. Advised an importer of rice in relation to a potential force majeure event affecting contracts for the supply of rice by a producer based in Myanmar.


19. Advised a public listed entity in regard to compliance of its manufacturing activities to applicable environmental laws.


20. Advised a government related company in managing its concession for the provision of information technology solutions with the Government of Malaysia and its subcontractors.


Mohd Farizal Farhan Abd Ghafar

Practice Areas


Commercial Contracts


Corporate and M&A


Engineering, Procurement, Construction and Commissioning Contracts


Energy, Oil & Gas related Contracts


Environmental, Social Responsibility and Corporate Governance (ESG)


Infrastructure Projects


Regulatory Advisory